One of the newest additions to the outcry about this mess in NYC is below, from a great blog named "Accountable Talk":
Some Legal Questions
Accountable Talk
You've probably heard that a judge barred Governor Cuomo from stealing $250 million from NYC schools to satisfy his ego. The judge correctly ruled that children should not be punished because the city and UFT failed to reach a deal. This, to me, brings up a question.
Why isn't the UFT using the courts to prevent Cuomo from imposing an evaluation system on NYC teachers? Obviously, I'm a teacher and not a lawyer, but it seems to me there's a strong case here. Our contract, which was collectively bargained, is still in force and there is no provision in it for a new evaluation of any kind. Since when does the state have the power to unilaterally alter a contract because it doesn't like the terms? The few law courses I took emphasized the fact that contract law is pretty solid in this country. Has that changed? How can the state, which has a stake in the outcome of this dispute, simply choose to override a valid contract signed and agreed to by both parties?
Furthermore, any evaluation system imposed on us would be in direct opposition to the Triborough Amendment to the Taylor Law, which states that a collectively bargained contract must stay in force until a new contract is signed. How can the governor just vacate that law? If he does, would that invalidate the rest of the Taylor Law as well, and allow teachers to strike without penalty?
If Cuomo can force this contract alteration on us, what would stop him from passing a law mandating a 50% cut in salary for all city workers if he wishes to? It's the same thing. Collective bargaining itself is threatened if the state decides that it can simply alter contracts it doesn't like.
I'd appreciate the opinion of any lawyer out there on these questions. I think the courts would enforce existing contracts and tell the Gov. to stick his power grab. So, how about it?
Why isn't the UFT using the courts to prevent Cuomo from imposing an evaluation system on NYC teachers? Obviously, I'm a teacher and not a lawyer, but it seems to me there's a strong case here. Our contract, which was collectively bargained, is still in force and there is no provision in it for a new evaluation of any kind. Since when does the state have the power to unilaterally alter a contract because it doesn't like the terms? The few law courses I took emphasized the fact that contract law is pretty solid in this country. Has that changed? How can the state, which has a stake in the outcome of this dispute, simply choose to override a valid contract signed and agreed to by both parties?
Furthermore, any evaluation system imposed on us would be in direct opposition to the Triborough Amendment to the Taylor Law, which states that a collectively bargained contract must stay in force until a new contract is signed. How can the governor just vacate that law? If he does, would that invalidate the rest of the Taylor Law as well, and allow teachers to strike without penalty?
If Cuomo can force this contract alteration on us, what would stop him from passing a law mandating a 50% cut in salary for all city workers if he wishes to? It's the same thing. Collective bargaining itself is threatened if the state decides that it can simply alter contracts it doesn't like.
I'd appreciate the opinion of any lawyer out there on these questions. I think the courts would enforce existing contracts and tell the Gov. to stick his power grab. So, how about it?
2 comments:
I have opposed the authority of the PEP since it was formed, and the result was that Leonie Haimson called me a liar and told me that nothing I say or write is credible, and that I will never, ever have any comment or article posted on her NYC Public School Parents' blog. Frankly, I dont care. My website Parentadvocates.org pre-dates Leonie's blog and nonprofit, and we are doing fine, thank you. We do hearings for parents and actively work to change individual situations for the better. We dont have time to sit on panels and talk.
As we dont rely on other people's opinions, we were not confused or upset with Diane Ravitch's switch in educational philosophy. She is welcome to do whatever she wants, just like we are, within the law, of course. We like Ms. Ravitch (pictured at right) very much; we like her humor and value immensely her expertise and her historical analysis in her books of public education, all of which we have bought. However, we are not confused about the bamboozling that has occurred since Mayor Mike Bloomberg installed his expensive PR machine to make him the "education Mayor". The PEP doesnt need to be changed, it needs to be squashed, extinguished, made extinct, demolished, put into a history book as the tool of fools.
Thus, when Leonie partnered with Paola De Kock, the former Executive Board Member and PA President at Stuyvesant High School who removed the chinese parents from the Executive Board and bad-mouthed parent Mary Lok (whom I supported), and then made ridiculous statements about the financial statements of the PA, all of which are still being investigated, I chose to write about it and will continue to do so. I would love to know exactly why Leonie gave Betty Rosa and Kathleen Cashin Awards for being the greatest Regents/Superintendents of the year, 2012. I dont know either of these people personally, but I have seen their names, when they were Superintendents, on various charges made against teachers and children whom, I believe, were falsely accused. I have no personal knowledge whatsoever of any help given to any victim of false claims. Id love to receive any papers which give a different perspective!!
According to information and belief Norm Scott, the best PR person Patrick Sullivan could have, was evidently so upset at my being hired for the "rubber room" advocacy position at the UFT in 2007, and not his best friend Jeff Kaufman, that he never has my comments, articles, opinions, which put the PEP in a negative light. That's ok, too. On my 5 blogs, including NYC Rubber Room Reporter and my website, I say what I mean to say, and I mean what I say. Norm fans need not read any of them.
Then, many months ago, the NYC Parents Union steps into the bamboozle game. This is not to belittle anything that President Mona Davids does, she is making a great effort to lead parents into changing what is going on in NYC, and I applaud her efforts. But there is bamboozling also going on. She joined with David Weprin to water down the PEP, but still keep it. This means to me that she has drunk some party punch (no pun intended) to sound like she wants change, but only a shower, and not a blizzard. She also awarded UFT President Mike Mulgrew with the Parent Union first annual award, after she received $10,000 from the UFT. Arthur Schwartz of Advocates For Justice who still is, or was, associated with Schwartz, Lichten & Bright. Stuart Lichten is, of course the husband of NYSUT Senior Attorney Maria Elena Gonzales Lichten. Mr. Schwartz and his team are to be commended for their latest win in the NYS Supreme Court! I have nothing to say that is negative about their winning cases, I am thrilled that Cuomo and Bloomberg are being hindered in their steamrolling policies.
Mona called me after she formed the NYC Parent Union and I joined (I am, after all, the parent of 4), to tell me she disliked Leonie Haimson's "clique" and she did not like Lisa Donlan (CEC District 1) or Justin Wedes, and she was tired of all the game playing inside and outside of this "clique" as she constantly referred to these people. She also wanted to use my domain name, Parentadvocates, and was really curious as to when I bought the name, how she could not use it, etc. Very strange telephone call.
Nonetheless, the award shows continue within the narrow confines of the group, with Leonie Haimson winning acclaim and being given the "Extraordinary Advocates" Award by none other than Scott Stringer, the Manhattan Borough President who appointed Patrick Sullivan to the Panel For Educational Policy. Gosh, this never ends.