Huge grievance victory for long-term subs
As a result of individual grievances and a union-initiated grievance filed by the UFT on behalf of all long-term uncertified substitutes, hundreds or more long-term substitute teachers will now be paid on the regular teacher payroll, which includes health insurance and Welfare Fund benefits, and be eligible, in certain circumstances, for retroactive salary and benefits.
The UFT has 90 days to notify the Department of Education of the pool of eligible claimants. Therefore, anyone who believes they are covered by the settlement agreement should contact their borough office immediately.
The grievances were filed in response to the Department of Education’s decision in September 2005 to pay long-term uncertified substitutes as occasional day-to-day per diem substitutes in violation of the collective-bargaining agreement.
The DOE agreed to settle this summer given the strength of the union’s case. The arbitrator helped facilitate the settlement. The UFT waited until after the start of the school year, Sept. 8, to start the 90-day period for identifying eligible claimants. The settlement agreement covers uncertified and certified long-term substitutes.
UFT Grievance Director Howard Solomon described the agreement as a “double win” for long-term substitutes who were being paid at the per diem rate of $154.97 without benefits because it provides higher pay and benefits going forward as well as retroactive pay and reimbursement for any COBRA premiums that the long-term substitutes paid for health coverage.
Substitutes in any of the following categories are eligible to receive the back pay and benefits stipulated in the agreement:
- Long-term substitute covering for a regularly appointed teacher on sabbatical for the full term or the full school year.
- Long-term substitute covering for a teacher on unpaid leave of absence for the duration (until the last day of school) of the school year.
- Long-term substitute covering for a teacher on approved leave due to an injury in the line of duty for the duration of the school year.
- Long-term substitute covering for a teacher assigned to the reassignment center (TRC) for the duration of the school year.
- Long-term substitute covering for a teacher using Cumulative Absence Reserve (CAR) days, borrowed days and/or grace period who subsequently goes on a leave without pay for the duration of the school year.
- Long-term substitute covering for a teacher on an approved paid leave using CAR days, borrowed days and/or grace period for the duration of the school year.
All long-term substitutes — certified and uncertified — in any of the above categories, except category No. 4, will now be paid on the regular payroll (“Q” Bank payroll) with benefits from day one of the assignment. Those members filing for retroactive pay will also receive reimbursement for any COBRA premiums they paid if they can provide documentation of their payments.
Long-term substitutes covering for a teacher assigned to the reassignment center for the duration of the school year will be paid on “Z” status (which is 1/200th of the regular annual salary of teachers up to step 4A and does not include benefits) for the first 60 days of service in that assignment. After that, they will go on the regular teacher payroll.
Those members who filed an individual salary grievance are entitled to retroactive pay dating back to the day that they filed the grievance. The reimbursement period for back pay for those long-term substitutes covered by the union-initiated grievance goes back 90 days prior to Nov. 16, 2006, the day that the union filed its grievance.
Long-term substitutes who believe that they qualify for back pay should call their UFT borough office from 4 to 6 p.m. on school days and ask to speak to a salary representative. The union’s 90-day period for notifying the DOE of the pool of eligible claimants will expire on Dec. 5.