Management pay plan lawsuit update

The following information concerns the UFT lawsuit against the DOE over the 2 percent increase the DOE gave employees enrolled in the Management Pay Plan but not to members of the Administrative Education Officers and Analysts Chapter. On Aug. 29, a judge heard oral arguments on the DOE’s motion to dismiss the UFT’s case, which centers on the 2 percent raises retroactive to Sept. 24, 2017, for employees covered by the Management Pay Plan. 

The UFT opposed the DOE’s motion.

The judge did not indicate when a decision would be made, but we expect to hear later this fall. The court can either grant the motion to dismiss, grant the petition or order a trial if any facts are in dispute.

The basis for the lawsuit is the DOE’s failure to provide raises to UFT-represented administrative education officers and analysts. The UFT contends this violates the June 2016 agreement which enabled members of the Administrative Education Officers and Analysts Chapter to be represented by the union.

The DOE contends the NYS Public Employment Relations Board is the only body that has jurisdiction to hear the case, and furthermore, no breach exists because the retroactive raise was not announced until after the UFT and DOE reached an agreement on the chapter’s titles in the collective bargaining agreement.