A Challenge for the UFT and NYSUT

After my July 23 blog post, a legal eagle fanboi reached out to a member of The Crack Team with a solution to the plight of those waiting years to have a hearing for their U ratings. As Mr. Brooke said the word "plastics" to Benjamin in The Graduate, this legal eagle fanboi came up with words—five words in fact—that can change history. 

Article 78, Motion to Compel

Wait, isn't Article 78 only for when you exhaust all remedies through a collective bargaining agreement? Well, no. The Crack Team did some research, and this is what was found. 

Let's look at what Article 78 is first. I have highlighted what is relevant for a motion to compel. 

1. Appeal a final administrative ruling (by a state agency or government officer) based on insufficient evidence (called Certiorari to Review);
2. Appeal a final administrative ruling (by a state agency or government officer) based on incorrect law or unreasonable nature (called Review of Mandamus);
3. Stop a state agency or government officer from acting (called a Writ of Prohibition); or
4. Force a state agency or government officer to act (called a Writ of Mandamus).

Let's start with #4, "Writ of Mandamus."

A writ of mandamus is a legal process in New York that can force a government agency or official to perform a duty required by law. For example, a writ of mandamus can be used to compel a local or state agency to perform a duty.

and...

To prevail with a writ of mandamus, counsel must establish that judicial intervention is necessary because no other adequate remedy is available. This means that the client must have first attempted to resolve the case at the agency level.

Now for all those waiting for an appeal hearing, an APPR hearing, or any other hearing in which there is no action, doesn't this not seem like a course of action the UFT should be involved in? Two teachers I wrote about on July 23 seem to have some cause, or at the very least, will have cause. 

But how many teachers are out there holding out hope against hope that their hearings will be held sometime this decade? 

Now let's have a look at #3, "Writ of Phohibition."

A writ of prohibition is a judicial order that can be used to force a government agency or official to stop doing something they shouldn't. In New York, it's also known as an Article 78 proceeding. Writs of prohibition can be used for a variety of purposes, including... Stopping an agency, court, or judge from acting outside the scope of their authority

So when a teacher is rated using the S/U instead of Advance or anything else that is not collectively bargained, would not a Writ of Prohibition seem to be in order? 

But I know what the UFT will say. Well, one of two things. One, "We aren't compelled to represent you any further," and two, "We can't do it." What if we lose?" Let's examine those two statements. 

In the past, individual teachers have been represented by the law offices of Robert Reilly. But this can be the Rosa Parks moment I have written about in the past. The UFT and NYSUT have so much cash at hand. What is there to lose?

Which brings us to...

What we always hear from the UFT is, "We might lose" or "We don't think we're going to win." I have always had a problem with those statements. Does anyone think Team USA was thinking, "What if we lose?" in 1980 against the Soviet Union? Were the Mets thinking that in 1969? The Jets in 1969? Villanova over Georgetown in 1985? None of these teams were thinking, "What if we lose?" or "We can't win." They were thinking, "We will win," "No one can stop us, and "when we win.

It's time the UFT takes a crowbar to the wallet where it is holding the millions of dollars in union dues from the rank and file two times a month and starts investing in the US, the teachers, the staff, and the communities of New York City. It is time to grab the proverbial bull by his goodies and to be proactive. 

What has being reactive gotten us? 

The Crack Team will be sitting by the phones awaiting any questions from the UFT or NYSUT.

The UFT is Hard at Work for You

A scorpion wants to cross a river but cannot swim, so it asks a frog to carry it across. The frog hesitates,
afraid that the scorpion might sting it, but the scorpion promises not to, pointing out that it would drown if it killed the frog in the middle of the river. The frog considers this argument sensible and agrees to transport the scorpion. Midway across the river, the scorpion stings the frog anyway, dooming them both. The dying frog asks the scorpion why it stung despite knowing the consequence, to which the scorpion replies, "I am sorry, but I couldn't resist the urge. It's my character."

I have had a revelation. No longer will I blame the DOE, principals, and administrators for anything that befalls teachers. They do what they do because it is their way. They are the scorpions. 

Who is at fault? It's the UFT, the Unity Caucus. The UFT are the enablers. The UFT are the culprits. Uncle Mike Mulgrew is the frog. Uncle Mike Mulgrew is the one we should turn our blame to when we are crapped on, when we are rated, when we are harassed, or when we are not treated as professionals. Or worse, when we are not treated like human beings. The silence from 52 Broadway is loud. 

I was U-rated for the 2022–23 school year. I filed an appeal immediately. June 29 of last year. I have not had my hearing yet. I have been told from the UFT in no uncertain words, "It might take another year or two." 

When I asked why, I was told, "COVID backed everything up." Wait, COVID has been done for a few years now. For two straight years, everyone and their mother got effective or satisfactory ratings. How many U-rated appeals must there be? I was met with silence from the UFT.

Even if true, isn't there, or at least there should be, some type of right to a speedy hearing? Do criminals have more rights than teachers? 

Another teacher, a teacher that is currently in a 3020a and got a U rating the same year as I did, had her U rating appeal hearing in the middle of a 3020a hearing. Yes, you read that right (more on how the hearing went at another date). 

So here we have a teacher fighting charges. This teacher in the 2021–22 school year received a developing rating, but their MOTP was ineffective. Betcha didn't know they could use that MOTP to bring you up on charges. Oh, by the way, But they nailed this teacher for two years in a row of allegedly bad teaching. 

But I have digressed. So what would happen if the teacher won their U rating appeal? Does the 3020a hearing end? Or say if there is no decision for the U rating and the arbitrator terminates the teacher and the appeal comes back in favor of the teacher? Does the teacher get their job back? Along with the back pay?

Another teacher went out on sick leave not to return this year. The teacher's leave began in the last week of February 2024. The teacher's health was in perilous condition. The teacher had been observed twice and was rated as developing the year before (2022–23).

The teacher received an email with her rating sheet at the end of June. She was U-rated. Like me, she was removed arbitrarily and capriciously from Advance and given a rating that was not deserved. Her appeal will probably be heard around 2030, before mine ever sees the light of day. 

Why does all this happen? Because the UFT-Unity allows it to happen. 

When we appeal, that should stop the clock. No further actions should be taken on 3020a's. We should be able to work per session. We should have all we should have while anything is on appeal. This is a civil rights matter. We are being denied our due process. 

The source of your hurt must no longer be directed at your administrators. Your hurt should be directed at those out of touch with reality working in the fantasy world they created at their gilded castle at 52 Broadway.