"The amended class action complaint alleges that "(t)he exclusion of Plaintiffs and Class members from the 2014 CBA evidences a total lack of representation of their interest by the UFT during negotiations[, which was] beyond arbitrary, discriminatory, and in bad faith[, and constitutes] a breach of the UFT's duty of fair representation owed to the Plaintiffs and Class members....the UFT, in reaching an overall agreement on the 2014 MOA, "refused to negotiate on behalf of former teachers and union members who resigned after November 1, 2011 as it believed that it did not owe any duty to those individuals[, and that] the UFT did not endeavor to balance the rights of" such individuals. ."
The New York State Supreme Court dismissed the Plaintiff's case, and Plaintiffs appealed as
Recent PERB decisions
Amended Summons and Complaint
Affirmation of Alan Klinger for the UFT
Memorandum of Law - UFT
Opposition - Plaintiffs
Notice of Appeal
EXCLUSIVE: Ex-teachers will sue union for retroactive pay under new contract
Educators who resigned before the new teachers contract was ratified will sue the United Federation of Teachers on Monday for their share of retroactive pay. These former educators argue that they're owed retroactive pay from 2009 to 2011, which is when the union was without a contract. Up to 9,000 former employees resigned during that two-year span.
Educators who resigned prior to ratification of the new teachers contract will sue Monday to get their piece of retroactive pay.
Lawyer Daniel Shimko said his fim, Salem and Shimko, will file a class action suit against the United Federation of Teachers seeking retroactive pay for teachers and other eligible Education Department employees who quit their jobs between Oct. 31, 2009, and June 30 before their eligible retirement.
He will argue that the union did not properly represent members when it agreed to exclude educators who quit during that period from some $3 billion in retroactive pay to be doled out under the new contract.
“If you’re going to try and get retroactive wages for retirees, why exclude resignees? They were part of the UFT’s workforce, they paid their dues, they weren’t fired for cause,” said Shimko, who will file in Manhattan Supreme Court.
More than 6,800 teachers quit of their own volition between the 2009-10 and 2011-12 school years, according to a January 2013 article in the union’s newspaper. If similar attrition patterns held for the subsequent year, the number of teachers potentially eligible in the class action suit could approach 9,000.
One of the four initial plaintiffs in the suit, Dianna Morton, 54, said she resigned in 2011 after 14 years as a paraprofessional due to a disability.
“That’s the raise we should have gotten all along — and now we’re not getting it. We deserve it!” said Morton, who worked with special education students, mainly at Public School 73 in Brooklyn.
Morton said she earned about $25,000 when she quit, meaning she’d be eligible to receive $2,040 in back pay if the suit prevails in court.
A spokeswoman for the teachers union would not comment on the potential lawsuit.
The new nine-year contract includes a 4% bump for both 2009-10 and 2010-11 — years teachers went without a contract and other city unions got raises.
Both 2012-13 and 2013-14 come with 1% raises.
With Ben Chapman