Chapter Leader for OT/PTs

Leslie McDonnell who can be contacted at lmcdonnell@uft.org.

Arbitration victory for OTs/PTs

Jul 13, 2007 11:53 AM

Agreeing with the UFT's interpretation of the 2005 contract, an arbitrator has ruled that the Department of Education cannot mandate that District 75 occupational therapists and physical therapists work a ninth direct treatment session.

When OTs and PTs, like teachers, had their school day extended 10 minutes in the 2005 UFT/DOE contract, the DOE ordered therapists to schedule nine treatment sessions a day. Prior to the addition of the 10 minutes, the "rule of thumb" had been that therapists work no more than eight treatment sessions per day. The UFT filed a grievance in protest.

At the arbitration hearing, UFT President Randi Weingarten testified that the addition of a ninth treatment session was never raised in the negotiations leading up to the 2005 contract and she would have rejected it had the DOE made the proposal.

The arbitrator, Carol Wittenberg, ruled that since eight treatment sessions a day was the longstanding practice, the plan to increase that number was a proper subject of bargaining and the DOE ought to have raised it at the bargaining table. Since it failed to do so, she ordered the DOE to "cease and desist" assigning a ninth session and to reimburse on a pro rata basis those therapists who were regularly assigned nine sessions after February 2006.