RIDER 1. _ The United Federation of Teachers, AFT, Local 2, AFT, AFL-CIO (hereinafter referred to as the "UFT" or "Charging Party") is a public employee organization within the meaning of § 201 of the Public Employees’ Fair Employment Act, Civil Service Law § 200 et seq (the “Act”). 2. _ The UFT is the sole and exclusive bargaining representative under the Act of collective bargaining units consisting of all non-supervisory pedagogical employees, as well as certain other employees, employed by the Board of Education of the City School District of the City of New York (hereinafter referred to as the "BOE".) 3. The BOE is a public employer within the meaning of Section 201 of the Act. 4. Since 2002, the BOE has conducted business as the Panel for Education Policy and/or the Department of Education. 5. Joel I. Klein is the Chancellor of the BOE and is the chief executive officer of the City School District of the City of New York. 6. The UFT and the BOE are parties to a collective bargaining agreement covering teachers as well as twelve additional collective bargaining agreements for units other than Teachers covering individuals that work in BOE schools covering the period October 13, 2007 through October 31, 2009. The aforementioned collective bargaining agreements remain in full force and effect at all times relevant herein. 7. Pedagogues are given probationary status either when initially appointed or when they subsequently accept an appointment to a new tenure area (as defined in 8 NYCRR § 30-1). The probationary period is three years, except that this period of time may be shortened or lengthened for certain pedagogues. A teacher must complete probation in order to obtain tenure. 8. Upon information and belief, there are presently approximately 6,800 teachers employed by the BOE who are scheduled to complete their probation during 2010. 9. By letter dated August 9, 2009, the UFT sought to negotiate with the BOE over the terms of successor collective bargaining agreements to those which were due to expire on October 31, 2009. 10, The UFT and BOE commenced contract negotiations on September 10, 2009. 11. On September 10, 2009, the BOE presented the UFT with a list of its bargaining demands. (A copy of the BOE demands is annexed hereto as Exhibit 1). 12. The UFT and the BOE met to negotiate, inter alia, on September 10, 2009, September 21, 2009, October 15, 2009, November 5, 2009, and December 28, 2009.13. Upon information and belief, the only BOE demand that dealt with a change to the established procedure utilized by the BOE to determine whether to grant or deny tenure to a probationary teacher is set forth in 4(d) which states as follows: "Employees may only receive tenure through an affirmative award by the [BOE].” 14, Onor about January 15, 2010, the UFT filed a Declaration of Impasse with the Public Employment Relations Board ("PERB"). (Copy of Declaration of Impasse annexed hereto as. Exhibit 2). 15. By letter dated January 26, 2010, counsel for the BOE informed PERB that the BOE did not dispute the UFT's claim that an impasse existed. (Copy of BOE letter annexed hereto as Exhibit 3). 16. Upon information and belief, prior to February 1, 2010, the BOE's procedure for determining whether to grant or deny completion of probation and therefore tenure to teachers did not include a review of student test scores. 17. Onor about February 10, 2010, Chancellor Klein issued a memorandum in which the BOE unilaterally changed the procedure for making “tenure decisions”. (Copy of memorandum dated February 10, 2010 annexed hereto as Exhibit 4). 18. Klein's memorandum dated February 10, 2010, provides that beginning February 10, 2010, the process for making "tenure decisions" would include a review of and/or consideration of Teacher Data Reports (TDR's). 19. The TDRs are attempts to present an estimate of each teacher's purported contribution to his or her students! learning based upon the test scores of their students, using a complex set of statistical calculations that compare each child's actual progress with predicted gains. 20. Upon information and belief, Klein's memorandum dated February 10, 2010, specifically admitted that the procedure for making tenure decisions was being altered unilaterally. 21. Onor about February 10, 2010, Klein issued a letter to pedagogues informing them of the "changes to the tenure process.” (Copy of Klein letter to teachers annexed as Exhibit 5). 22. The Klein letter sent to the teachers on or about February 10, 2010 specifically states that the BOE was making changes to the tenure process. 23, The Klein letter sent to the teachers on or about February 10, 2010, sets forth the use of TDR’s as a change in the tenure process. (See, Exhibit 5). 24. The decision of the BOE to change the procedure for determining whether to grant or deny completion of probation and therefore tenure to teachers without bargaining with the UFT constitutes a unilateral change in the terms and conditions of employment for UFT-represented teachers.25. Upon information and belief, the BOE’s conduct described in paragraphs 17-2 constitutes. a violation of §209-a.1 (d) and (¢) of the Act. 26. Upon information and belief, the BOE will receive a copy of a notice of conference as well as this improper practice charge from the Public Employment relations Board within three (3) months of the alleged violations of the Act, which will satisfy the requirements of a notice of claim pursuant to Education Law § 3813. WHEREFORE, itis respectfully requested that the Public Employment Relations Board order Respondents as follows: a) directing that the BOE and its agents cease and desist from violating the Act; ») directing that the BOE and its agents cease and desist from making any unilateral changes in the procedure utilized by the BOE to grant or deny tenure to probationary pedagogues; ©) directing that the BOE rescind the memorandum issued on or about February 10, 2010; 4) directing that the BOE rescind the letter sent to pedagogues on or about February 10, 2010; €) making whole any adversely affected UFT bargaining unit members; f) restoring the status quo ante; 8) posting the appropriate notices; and h) granting such other, further and different relief as the Board deems just and proper. 109124