NYC UFT Members Must Stand Together Now! by Dr. Michael Flanagan
I do not want to strike, but I will. So will the majority of NYC teachers and faculty if Mayor Bill de Blasio and schools Chancellor Richard Carranza try to rush an unsafe reopening of schools.
New York City teachers have not gone on strike since the 1975. It is illegal for city workers to strike under New York’s Taylor Law.
A strike is not a decision to be taken lightly. It is a last resort. It is not in our nature as educators to stay away from a classroom. Teaching is not just a job, it is a calling. It is the desire to educate, cultivate and support the growth of another. It is the drive to have others be better than you yourself are.
Nevertheless, the very root of educating, is to nurture and keep children safe.
That is now not possible to do in large school systems during this pandemic. We are in the midst of a natural disaster the likes of which has not been seen in one hundred years. Teachers are not the cause of this catastrophe. We are the victims of it, as much as everyone else is.
We are fighting for the survival of our students, our colleagues and all of our families. We are not being selfish, we are being brave. Courage is standing up in the face of threat and derision, in an effort to help others. That is what we are doing.
Educators are parents as well. We understand the incredible burden and hardship remote learning will cause working families throughout the city. It is a devilish bargain to have to choose between keeping your job and risking your children’s health and lives.
More importantly, educators know how inadequate remote learning is for children. How limiting it is for them to be placed isolated in front of a computer screen instead of being with friends and teachers in a live classroom.
But the reality is, even with blended learning, children will not have a rich and nurturing experience in a classroom. They will be forced to all face the front, limit talking and social interactions, eat lunch silently at their seats while instruction continues, and only attend live classes one to three days a week depending on what model the school adopts. This will be on top of the constant fear both teachers and students will be under in school buildings that are in no way prepared to keep people safe.
Therefore, it is very important at this time, that the DOE and everyone else knows that UFT members are preparing for job actions. That does not mean there will be a strike, it just means that we are preparing for one.
In some ways it is similar to a poker game. If the other side thinks you are bluffing, they will call your bluff. If they think you already have a strong hand, they must decide if they can beat you. Then it is all luck of the draw. I do not believe the city thinks it can beat teachers, administrators, parents and students with the hand that they have.
However, there may eventually be a strike called. I know many will be afraid of what a strike might entail. Few of us were around when the last teacher strike occurred in NYC. But strikes are the only reason we have anything in our contract to begin with.
If UFT members do not hold fast, and come out strong to support this possible strike, then we are done for. The city will never negotiate in good faith again, and we will be giving back all the gains we made these past few decades.
We have to be clear, and able to articulate to others the reasons for any job actions. This is not a strike for more wages or better benefits. It is a strike for safe working conditions. It is an effort to save lives. Many educators have already obtained medical exemptions for the upcoming semester. Others are still trying to get approved to teach all remote. The rest of us are slated to go in and teach in the school buildings. But we are all concerned about the children that we will be teaching, and that is why we must stand together.
Our position has to be clear, and it has to be unified whether you are staying home or coming to school. This is not a time for fear, it is a time for resolve. The fear is of the virus, not of reprisals from an administrator or possibly some lost wages. Strikes have happened throughout this country and continue to happen. Workers would have nothing if not for the efforts of those who stuck before us.
Power is never willingly given up, it must be taken. We are in this together, and we must stand together. We did not ask for this virus, these proposed layoffs, or this unsafe haphazard plan for blended learning, but we do have a chance to stand against it. And try to protect the lives of our colleagues, our students and their families.
Keep that in mind over the next few days. Instead of giving into the fear we are all facing, support each other. Encourage each other, and show the people and politicians of this city that we educators will fight for the safety and the health of the people of New York.
In Solidarity
Michael Flanagan, Ed.D.
NYC Chapter Leader, District 10 the Bronx
*I am including below some basic research and information I did about the New York Taylor Law and possible ramifications from a NYC teacher strike. I encourage all to do their own research and become as informed as possible.
The Taylor Law refers to PERB which guarantees public employees collective bargaining rights. The Taylor Law for all intents and purposes refers to the provision which prevents strikes by public employees. Penalties are mostly fines of a million dollars a day for the union, two days lost wages for workers, suspension of automatic deductions of dues, and imprisonment of union leadership. The Taylor law has been broken several times, most recently in 2005 by the TWU.
The Taylor Law and the Triborough Amendment are guarantees of collective bargaining rights for both parties. It is generally about wages and benefits, not about safety. Safety is an OSHA issue so this is completely new ground. The contract could be considered null and void if either side violated the terms of the contract. So basically the NYC is changing our contract by creating an unsafe working condition, and changing the working conditions of our day without rank and file vote, and the teachers are violating the contract by going on strike. That will have to be argued in court. The loss of healthcare and other benefits will depend on the length of the strike, and the legal arguments from both sides. If the union can prove the DOE violated the terms of our contract, by not providing a safe work environment, then any benefits would remain or be returned. Most of the time during a strike, the old conditions of a contract remain.
This situation is uncharted territory. Lost wages and benefits are historically negotiated during the settlement. There is no language about retro money in the PERB or the Taylor Law. The TWU did not suffer drastic changes to their wages, pensions, or health benefits. A sick-out, a walk out, or any other job action considered would be considered the same thing as a strike, if the union leadership is seen as advocating, or encouraging a job action, that would be considered a violation of the Taylor Law. If UFT members were to cross the picket line, legally nothing would happen to them. How they would be treated by their colleagues is another question.
To protect ourselves from retaliation by the DOE or administrators can best be done through strength in numbers. The stronger we are in our resolve, the safer people will be from repercussions. In Chicago and other cities delegates vote to authorize a strike. The TWU in 2005 had pledged to support the strike, and a voice vote of approval, but was largely determined by the executive board. The UFT has already shown that they will unilaterally agree to major changes in our contract with no rank and file vote (which will come into play if the city tries to implement penalties in my opinion). As far as the UFT, I would imagine if we do get to the point of a strike, there would need to be some member vote. I would imagine It would be in a delegate assembly, perhaps a phone vote.