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Wednesday, March 18, 2015

Francesco Portelos Files a PERB Complaint Against the UFT For three Years of Mis-Representation

Francesco has done what all individuals should do if they feel that they have been misrepresented by their UFT Representatives - file a PERB complaint.

See the post below.

By the way, if you are in, or have gone to, a 3020-a arbitration, and feel strongly that an Attorney has done something unethical, improper, or in violation of his/her attorney/client privilege, file a complaint with the Departmental Discipline Committee, NYC Bar Association, and the Committee on Professional Discipline..

You can, of course, do the 3020-a arbitration yourself "pro se", or with an assistant.

And, if an Arbitrator has, in your opinion, violated his/her mandate to be neutral, respectful, and fair, file a complaint with the  NAA.

Here is the person in charge of the National Academy of Arbitrators Complaints against an Arbitrator:

Paula Knopf Arbitrations Ltd.
4 Biggar Avenue Toronto,
Ontario Canada M6H 2N4
fax: 416-652-1516
If you want to file a complaint against an Arbitrator on the NYC 3020-a Arbitration panel who is not a member of the NAA, but is a member of the American Arbitration Association , the AAA will not take your complaint because, they say, there is a separate contract for Arbitrators who work in NYC, with the DOE.
Do I have to go into how dangerous this is?
FOIL your arbitrator's contract!!

Hold everyone who harms another person, accountable for their actions.

Betsy Combier

Portelos v UFT Leadership – Three Years

of Misrepresentation

They say “Choose your battles wisely.
I say “Leave no necessary battle unfought!
For three years my career has been under attack. My name and my reputation smeared. Those who know my story know the fight I have fought against a very corrupt system. However, even if you have read ever single character I have placed on this site, Facebook and Twitter, you still would not know everything. Especially not the fighting behind the scenes. I don’t mean just with my employer, the New York City Department of Education, but my union representatives.
Since I started teaching in 2007 I have been a member of the United Federation of Teachers  (UFT) union. I have paid a monthly fee for being a member. Do you know what else I have been paying for monthly? Roadside assistance.
In both cases I spent most of my time not needing to call either. I still paid both regardless. However, when I did have trouble with my car, I made a single call to AAA Roadside Service, and I received immediate…wait for it…assistance! I wish I could say the same for when I reached out to the UFT.
That…that right there is the difference between my union and roadside assistance. Pay either way, but one helped and the other did not.
A week ago I wrote something vague on social media about launching a “long overdue missile at 52 and it was not 52 Chambers Street” (DOE Headquarters). It was actually at 52 Broadway (UFT Headquarters).
[Disclaimer: I did not, nor do I intend to, launch any real ballistic type missiles or any such explosive or damaging weaponry. There is no need to falsely arrest me again for blogging. Once is enough. It’s a figure of speech. ]
Many UFT members do not know that if you feel retaliated against because of your union activity (grievances, chapter leader/delegate positions, asking for curriculum etc) you can file a complaint with the NYS Public Employee Relations Board (PERB). It’s free and you can find out how to file here:
Many members also do not know that under the Taylor law, the employee organization (union) has an obligation to fairly represent its members. Should they fail to do so, and/or act in bad faith, members can also take the union to PERB. One needs to go no further than my inbox, or this link, to see that our union needs to, nay MUST, be stronger.
Below is my very detailed, and well documented, case against those who are paid to represent us and unfortunately do not. I dare anyone, from supporter to foe, friend or colleague, on or off the UFT payroll, or otherwise, to read these pages and tell me that I should not have engaged in this complaint. I actually believe I should have done it sooner. Based on the reactions from the many members who have already read this already, many will be following suit.
Note: This is not an attack on the UFT, nor the notion of a union. I’m a strong believer of unions and their place in defending the working class. This country was built on the labor of countless. They need protection, not corruption. Thank you to the many union representatives who work hard and do defend their members.
Francesco Portelo

NYC DOE Senior Counsel and Investigations

If you are charged with corporal punishment or verbal abuse, use the information below to prove/disprove what the investigator on your case did wrong, and hopefully you will win your case.

Betsy Combier

Available at: NYC DOE Senior Counsel

Senior Field Counsel

Each Children First Network (CFN) has a designated senior attorney and a paralegal to provide legal support to network and cluster staffs, as well as to school leadership throughout the borough.

The Senior Field Counsel provide direct assistance to administrators and school leadership in resolving matters with legal implications. The attorneys also provide guidance in interpreting and implementing the Chancellor’s Regulations.

Senior Field Counsel can provide legal guidance in many areas, including:
  • Labor and Employment law, including employee discipline
  • student safety and health
  • student discipline
  • school policies, including religious accommodations, dress codes, school trips, school security, student health, etc.
  • facilities issues
  • other school-based legal issues as needed
  • assist with responses to litigation, human rights investigations, student discipline matters and other legal matters

The Senior Field Counsel also provide regular trainings to school leadership on a variety of legal issues. Specific trainings can be requested through your Senior Field Counsel.

School Based Investigation LinksCorporal Punishment Reporting Form
A-420: Pupil Behavior and Discipline - Corporal Punishment
A-421: Verbal Abuse

School Based Investigation Checklist
Instructions for Investigating School Based Complaints
48 Hour Notice
Waiver of Union Representation
Waiver of 48 Hour Notice
Privacy Acknowledgement