UFT Executive Board March 28, 2022–Election Complaint Resolution

LeRoy Barr–Welcomes us.

Minutes–Passed

Barr--Negotiating committee Wednesday 4:30. DA April 13, May 25. 

Reports from Districts–Rashad Brown--Legal plan workshop 1 had 500 members.

Janella Hinds–April 5th Academic HS meeting online, Friday, April 8,Academic HS Awards, celebrating members and schools. 

Manhattan Borough Office, First Books event, very well received.

Michael Mulgrew–State, Working toward starting Tier 6 reform. April 4 final budget day. Will work through. Congratulates nursing dept. settling with Northwell. Congratulations to all. All private sector nursing contracts in place. April 14 we will have event for education leaders, policy experts in city and state. CL hub live Friday. Field testing first. Heading into that time of year, still waiting for calendar. Frustrating because we need to plan now. DOE seems to be taking time on superintendent process. Thanks everyone going to rep UFT and NYSUT RA. Nonstop for two days repping our local. Thanks everyone for going to CL training. Many great new CLs. 

Leaves for meeting with state.

Rich Mantel–April 9 in person middle school conference. Will be various classes. Hope to see you there.

Mary Vaccaro–CTLE workshops added, anyone on waitlist will be notified first, especially for Apple workshops. ELL credits assiciated. April 6, Golde Hawn foundation presenting on SEL. 

Karen Alford–Thanks everyone for attending early childhood conference. Was great to be back in building. Also had elementary Town Hall with 500 people. 

Tom Murphy–RTE meeting April 11. Will send out regular letters for members without email addresses.

Note–I missed a lot of detail below. Did my best, but there are big holes. 

Election complaints–Alleges misuse of union resources–objections were justified, will remedy some aspects, others were not justified. Will recommend those be dismissed, Under supervision of committee, UFT elects delegates to conventions. Accordingly elections are being held. 2022 election committee composed of two caucuses. Complaint submitted regarding misuse of social media and resources. Following meeting, complaint amended with details and suggestions. 

With regard to UFT official social media accounts, suggest members reminded of regulations. reccommend Unity pay reasonable market rate for headshots for appearances. Alleged UFT employees used FB accounts for political events. Many activities not electioneering. Members should answer questions and assist members online. Allegation without merit. Union employees do not forefeit their right to campaign in non-UFT forum. 

UFT social media accounts used for electioneering, FB and Twitter accounts sharing Unity. Official accounts should not be used for electioneering. Should cease immediately. 

UFT video used on Unity social media. Alleged that it place Unity Logo on video and placed it on Instagram. All candidates have equal access. LMRDA prohibits use of union funds for electioneering, but exception when all have equal access. Video posted on various sites, could be downloaded by anyone, any caucus or candidate. Could have been used to contradict. Not prohibited. Same true of photo from archives. Complaining member also had access.

Use of head shots. Says Unity Caucus used headshots from UFT website. Ruled that campaigns photographs not union property. However, to disspell any perception, Unity should pay reasonable market rate.

Mulgrew’s letter in support of Deborah Penney. Alleged violation asking CLs to get signatures. Three members serve overlapping turns. This year Penney’s turn. UFT admin committee and DA overwhelmingly voted in support. Only after that did Mulgrew send letter. DOL says this is permissable during officer election season. Did not suggest candidacy for treasurer. 

Union emails used for distribution of campaign materials. Says Unity Caucus flyers were delivered by candidates, and emailed. Distribution of caucus materials on UFT paid time not permitted, but was no evidence this was done. Rules will be reiterated. Some details refuted. 

This is recommendation.

Mike Sill–Only members of Exec. Board may enter debate. Christina Gavin, complainent, online. 

Gavin–UFT has been in existence since 1960. DOL had regs since 1959. Our union should uphold laws. Repeated violations by employees who interpret regs improperly. I will appeal. Unity has many members, benefits from inherent power of incumbents, has violated fed. labor law. with email social media, and more. Look forward to hearing what AFT has to say. 

Sill–Will take a motion. 

Recommendation accepted unanimously. 

Barr--Ballots go out April 8. Important we have good turnout. 

Revision–I asked for clarification of what we heard, and received the following:

1. UFT employees used personal Facebook Instagram and Twitter accounts for electioneering – not a violation of LMRDA. They do not forfeit their right to campaign.

2. UFT social media account – UFT has taken the position that such “official” UFT social media accounts, whether created by the UFT or an individual should not be used for electioneering.

3. UFT video taken from UFT Instagram and a photo from labor archives used on UFT social media – other caucuses can do the same and this type of equal access is not prohibited by LMRDA.

4. Use of headshots from UFT website in campaign materials – The Office of Labor Management Standards has diluted that one’s campaign use of photos from the locals website did not violate the law. Unlike the union logo, photos are not union property. There is no violation. However, to dispel any perception of wrongdoing, Unity should pay a reasonable market rate for use of the headshot.
 

5. Mulgrew sent a letter to chapter leaders in support of Treasurer Debra Penny to be re-elected to the TRS Board – this happens every year for one of the 3 trustees after the DA voted to endorse her. No mention was made of her running for Treasurer of the UFT. The complaint should be dismissed.

 6. Union officials entered school buildings on school time and used union meetings and emails for distribution, they combined union and caucus business
Servia Silva – stated that she entered buildings on union time and distributed union flyers. To distribute union flyers on union time would be improper. There is evidence she entered the building but no evidence she distributed flyers at that time. 

Dana Faciglia – allegations she mention unity caucus in a meeting and Ms. Faciglia refutes that claim.
Winnie Thompson – should not be using UFT email to conduct caucus business. This matter was addressed with her directly.

A statement of election practice rules will be reiterated for all staff.