October 2006 Memorandum of Agreement

MEMORANDUM OF AGREEMENT (the “Agreement”) entered into this 6th day of November 2006 by and between the Board of Education of the City School District of the City of New York (the “Board”) and the United Federation of Teachers, Local 2, AFT, AFL-CIO (the “Union”) modifying certain collective bargaining agreements between the Board and the Union that expire on October 12, 2007, as set forth more particularly below.

IN WITNESS THEREOF NOW, THEREFORE, it is mutually agreed as follows:

1. INTRODUCTION

The collective bargaining agreements between the Board and the Union which expire on October 12, 2007, covering the titles and/or bargaining units set forth in paragraph 3, below, shall be replaced by successor agreements (“the Successor Agreements”) that shall continue all their terms and conditions except as modified or amended below.

2. DURATION

The terms of the Successor Agreements shall be from October 13, 2007 through October 31, 2009.

3. WAGES

The salaries and rates of pay for the employees in the bargaining units covered by this Agreement are set forth in and attached hereto as Appendix A, but the specified increases in salaries and rates of pay shall apply only to incumbents on payroll on the effective date of the wage increases. They cover the following titles and rates of pay as follows:

1. Teacher

2. Teacher’s Assistant

3. Teacher Aide

4. Educational Assistant

5. Educational Assistant A – I

6. Educational Assistant A – II

7. Educational Assistant B

8. Educational Associate

9. Auxiliary Trainer

10. Bilingual Professional Assistant

11. Guidance Counselor

12. School Psychologist and School Social Worker and related titles

13. School Secretary and related titles

14. Laboratory Specialist and Technician

15. Mental Health Worker

16. Attendance Teacher

17. Bilingual Teacher in School and Community Relations

18. Education Administrator

19. Education Analyst/Officer

20. Associate Education Analyst/Officer

21. School Medical Inspector

22. Director and Assistant Director of Alcohol and Substance Abuse Programs

23. Registered Nurse, Occupational Therapist, Physical Therapist and related titles

24. Supervising Nurse, Supervising Physical Therapist and Supervising Occupational Therapist

25. Supervisor of School Security

26. Adult Education Teacher

27. Sign Language Interpreter

28. Occasional Per Diem Teacher

29. Occasional Per Diem Secretary

30. Occasional Per Diem Paraprofessional

31. Per Session Rate

32. Coverage Rate

33. Shortage Rate

34. Daily Training Rate

35. Staff Development Rate

36. Lead Teacher Differential

4. LONGEVITY INCREMENTS

All longevities, step increments, differentials, and other rates of pay not otherwise covered in APPENDIX A, or elsewhere in this Agreement, shall be increased by an amount consistent with the increase in the shortage area rate set forth in APPENDIX A.

5. Welfare Funds

a. Effective October 13, 2007, the contribution paid on behalf of each covered employee to the fund, as defined in the UFT Welfare Fund Supplemental Agreement, shall be increased by one hundred dollars ($100) per annum.

b. Effective May 1, 2008, there shall be a one-time payment to the welfare fund in the amount of $166.67 on behalf of each covered employee, as defined in the UFT Welfare Fund Supplemental Agreement, who is receiving benefits on May 1, 2008.

c. Effective October 21, 2009, the contribution paid on behalf of each covered employee to the fund, as defined in the UFT Welfare Fund Supplemental Agreement, shall be increased by thirty-five dollars ($35) per annum.

d. The per annum contribution rates paid on behalf of employees separated from service to a welfare fund which covers such employees shall be adjusted in the same manner as the per annum contribution rates for other employees are adjusted pursuant to Section 5(a) and (c) of this Agreement.

6. Additional Compensation Fund

a. Effective May 19, 2008, an additional longevity increment shall be paid to employees as set forth in and attached hereto as APPENDIX B. The salary schedules, tables, and relevant language of the Successor Agreements, as well as the appendices thereto, shall be amended to reflect this new longevity increment. Effective school year 2007-2008, all paraprofessional longevities are to be included as part of gross annual salary rates.

b. For those groups that do not have a longevity increment, the parties have agreed to wage increases that represent an equivalent percentage increase in their base pay as set forth in and attached hereto as APPENDIX B.

c. The School Security Supervisors shall receive an additional uniform allowance as set forth in and attached hereto as APPENDIX B.

7. Lump Sum Payment

Effective January 1, 2007, a lump sum cash payment shall be paid to all Employees covered by this Agreement (“Eligible Employees”).

The lump sum cash payment shall be pensionable, consistent with applicable law, and shall not become part of the Employee’s basic salary rate.

Full-time Employees shall be paid $750. Other Eligible Employees shall have the amount of their cash payment pro-rated based on their hours worked during the applicable payroll periods between mid September and mid December compared to the full-time hours of Employees in their title.

8. ExtraCurricular Activities

Effective for school year 2007-08, increase all school year athletic and non-athletic “maximum sessions” by 12 sessions.

The DOE shall utilize its best efforts to develop the capacity to include, in school allocations provided pursuant to Article 8C, the specific extracurricular activities budgeted by each school.

9. False Accusations of Corporal Punishment

If accusations of corporal punishment or verbal abuse against a UFT-represented employee are found to be unsubstantiated, all references to the allegations will be removed from the employee’s personnel file.

10. Peer Intervention “PLus”

The existing peer intervention program will work with any teachers who would like assistance (as capacity permits) except those in danger of receiving charges pursuant to §3020a for incompetence who have been recommended for the new program established below.

A new program will be created for tenured teachers in danger of receiving charges pursuant to §3020a for incompetence, which will be staffed by independent consulting teachers. These consulting teachers will not be employed by the Department of Education and will not be active members of the UFT, and instead will be provided by an independent third party vendor, mutually agreed to by the parties, pursuant to a contract in a form developed by the DOE and approved by the UFT.

Consulting teachers in this program will develop plans to assist the participating U-rated tenured teachers, tailored to the specific needs of the teachers. During their participation in the program, participating teachers will not be charged with incompetence pursuant to § 3020-a. Observation reports of the consulting teachers will be provided to the participating teachers, and will be admissible in 3020-a proceedings. Participation in the program is voluntary. A principal may recommend participation or a teacher may volunteer to participate. The fact that an employee has declined to participate or that the DOE has denied a request to participate or has not offered the teacher an opportunity to participate in the programs will be admissible in 3020-a proceedings.

A labor/management committee will review the program annually and agree on necessary changes, if any.

The existing peer intervention program will not be decreased in size because of the establishment of this new program.

11. Voluntary Severance For Personnel Excessed More Than One Year

The DOE may offer excessed personnel who have not secured a regular assignment after at least one year of being excessed, a voluntary severance program in an amount to be negotiated by the parties. If the parties are unable to reach agreement on the amount of the severance payment, the dispute will be submitted to arbitration pursuant to the contractual grievance and arbitration procedure. Such a severance program, if offered, will be offered to all personnel who have been in excess for more than one year.

In exchange for receipt of such severance, an excessed person shall submit an irrevocable resignation or notice of retirement.

12. Reduction of Paperwork

Representatives of the parties at the central level will meet as soon as is practicable after the execution of this agreement in order to develop recommendations to the Chancellor to reduce or eliminate unnecessary, excessive or redundant paperwork or data collection responsibilities of classroom personnel that diminish instructional time. Issues not resolved at the school or pursuant to Article 8I may be referred to this central level committee for recommendations for resolution to the Chancellor.

13. Transit Chek

Article 3K2 of the Teachers Agreement and the relevant sections of the other Successor Agreements are amended to include the following new paragraphs:

The parties agree that the City will expand the current Transit Chek program to offer to eligible employees the ability to purchase a Transit Debit Card through payroll deductions in accordance with IRC Section 132. In addition to the current MTA Surface and Subway lines, the Transit Debit Card may be used to purchase tickets for mass transit commutation only (i.e., LIRR, LI MTA Buses, MetroNorth). The administrative fee for this benefit will be borne by the participants and will be deducted on a prorated basis from the participating employee’s paycheck. After one year of experience with this benefit, the City will examine the level of participation and the associated costs of providing this benefit to determine whether or not the administrative fee requires adjustment.

The parties further agree to examine the possible expansion of this benefit to include other regional mass transit carriers.

14. Nurses and Therapists

All issues regarding summer work for nurses and therapists shall be referred to a labor/management committee as soon as is practicable after the execution of this agreement.

15. Medical Leave For School Secretaries and Laboratory Specialists hired after July 1, 1985

Amend Article 11 B 10 of the School Secretaries Agreement and Article 10 B 10 of the Laboratory Specialists and Laboratory Technicians Agreement by adding the following sentence:

Notwithstanding the preceding sentence, effective for school year 2007-2008 employees hired on or after July 1, 1985 are eligible for sabbatical leaves for restoration to health and “special sabbatical leaves for restoration to health” as set forth above.

16. Direct Deposit

All employees newly-hired employees, as of school year 2007-2008, by the Board of Education shall have their wages paid through direct deposit.

17. Continuation of Certain Health Benefits

The parties acknowledge that collective bargaining regarding health benefits is within the purview of negotiations between the Municipal Labor Committee and the City. Cost-containment initiatives and program modifications in the City Health Benefits Program shall be discussed with the Municipal Labor Committee.

18. MISCELLANEOUS

1. Unless expressly stated otherwise, the provisions of this agreement apply to the bargaining units and titles covered in paragraph 3 above and will be incorporated into the individual unit agreements as applicable.
2. In the event any inconsistency exists between the terms contained in this Agreement and the expired collective bargaining agreements, this agreement shall be determinative.

19. INTERIM AGREEMENTS

The agreements (annexed hereto collectively as APPENDIX C) reached during the term of the collective bargaining agreements effective June 1, 2003 to October 12, 2007 are to be included in the applicable successor agreements subject to such modifications as are required by this agreement and its Appendices.[1]

1. Memorandum of Understanding Between the New York City Board of Education and the UFT pertaining to the nurses and therapists workyear, dated April 25, 2006
2. Memorandum of Agreement on Housing, ETS Between the New York City Board of Education and the UFT dated April 2006

20. RATIFICATION

This Agreement is subject to ratification by the Union, and adoption by the Board of Education.

21. SAVINGS CLAUSE

In the event that any provision of this Agreement is found to be invalid, such invalidity shall not impair the validity and enforceability of the remaining provisions of this Agreement.
APPENDIX A
Salary Schedules will be distributed at the Delegate Assembly

[1] These agreements are currently in effect and do not require further ratification