MCCC Home | Year Index | 1992 Index

In This Issue:

• Contract Funding Campaign
• State Union Coalitions
• MCCC Committee Vacancies
• Early Retirement Stalled

Higher Ed Begins Political Action

At the MTA Summer Leadership Conference at Williams College in August, the Higher Education Leadership Council (MTA committee consisting of all higher education local presidents, MTA Executive Committee and MTA Board members) and the MTA presented a political action/lobbying plan designed to Enact legislation for the funding of our contracts.

With all the higher education locals involved, this plan will attempt to get the higher education members actively involved in lobbying the legislators as well as getting people elected who support the funding of all the state contracts. The community colleges, under the direction of the statewide crises committee chair Phil Mahler, from Middlesex Community College, kicked off its campaign at the August Board meeting. The MCCC officers and Crisis Committee members will visit all 15 campuses in the first two weeks of school to present the plan and recruit volunteers. Though this campaign is a long-term project with the goal of politicizing the membership by getting them involved in short-term activities and coalitions with K-12 and other state unions, the immediate objective is to find out which representative and senator will support a bill to fund the contracts and will vote to override the governor's expected veto.

The state has been divided into 11 regions with two representatives from each higher education institution assigned to a region. This regional committee will be responsible for coordinating meetings with legislators and contacting unit members from each institution who live in a legislator's district to participate in the meeting with the legislator. In addition, there are some targeted races for the primary on September 15 which need special attention. Once the primary is over, the focus will be on getting our supporters elected.

There are over 66,000 state employees; we are 8,000. This is going to be a rigorous campaign as we attempt to elicit from each legislator his or her willingness to vote to fund the contracts and to override an expected veto by the governor. Within the higher education campaign, each local will be working together as well as conducting activities on the individual' campuses. The MCCC will be reviewing its plan on each campus, and buttons will be distributed at the end of September. The training session for all those members who will be or would like to participate in the legislative interviews will be held on September 17, 1992, at 4 p.m. at the Ramada Inn, Worcester.

Will these coalitions and goals be successful? It is up to you!

MCCC Committee Vacancies

The following vacancies exist on MCCC committees. If anyone is interested in serving on any of these, you must contact MCCC President Tom Parsons.

Finance Committee 4 vacancies. This committee is responsible for the preparation of the MCCC's yearly budget which is presented to the Board of Directors and voted on at the MCCC Delegate Assembly.

Joint Study Committee 3 vacancies. This contractual committee is comprised of three MCCC members and three college presidents. This committee is responsible for dealing with issues of common concern between the employer and the union.

Bylaws and Rules Committee 5 vacancies. This committee is responsible for receiving proposed bylaws and putting them in the proper format in a manner consistent with our bylaws. The committee will then make recommendations concerning the proposed bylaws to the Board of Directors and Delegate Assembly.

Nominations and Elections Committee 3 vacancies. This committee is responsible for running the statewide elections.

Health and Welfare Trust Fund Committee 1 vacancy. This is a management and labor committee responsible, along with the plan consultant, for management and oversight of our Delta Dental Plan. It would be desirable for anyone applying for this position to have a background in finance or accounting.

Ad Hoc Committee on DCE Organizing 7 vacancies. When this committee was established by the MCCC Board on April 19, 1991, its purpose was to study and make recommendations on DCE organizational issues, current and future, primarily on the chapter level. The committee based its deliberations on the policy statement voted by the Board on November 16, 1990: Members of the NEA/ MTA/MCCC through the Division of Continuing Education shall be represented on each campus through the existing chapter structure of the MCCC. The chapter shall provide representation and services for the DCE unit, including contract administration and participation in chapter governance.

On March 20. 1992. the Board of Directors expanded the charge of the Ad Hoc Committee to draft a policy integrating the adjunct faculty at the statewide level. This committee will draft and make a recommendation to the Board of Directors.

MLRC Upholds Union on Insurance Change

On June 1, 1988, the MTA, in behalf of all the higher education locals, filed charges with the Massachusetts Labor Relations Commission (MLRC) concerning the change in insurance carrier from Blue Cross Blue Shield to John Hancock. In December, 1988, the MLRC issued Complaints of Prohibited Practice and the unions proceeded to a full hearing on three allegations: I) That the Board of Regents unilaterally changed the carrier of the indemnity insurance plan and the plan itself without bargaining to impasse or resolution with the Unions over the decision and its impact; 2) the Board refused to bargain in good faith regarding this decision, and 3) the Board refused to provide the Unions with requested information. The hearing took place over a six-month period in 1989. On August 26, 1992, the MTA received the long-awaited decision in its case challenging the Group Insurance Commission's (GIC) change to the John Hancock plan on July 1, 1988. The commission held that:

Health insurance is a mandatory subject of bargaining. It also found that since the Board of Regents [or its successors] has no authority to control the GIC, or its decisions, it had no duty to bargain regarding GIC's decision to change from Blue Cross to John Hancock. The Board of Regents, however, did have the obligation to bargain over the impacts of the change. This would include, for example, ways of mitigating the financial impacts of the change and possible means of providing substitutes for any decreases in coverage.

By refusing to bargain over these impacts, the Board of Regents violated Chapter 150E.

The Commission has ordered the Higher Education Coordinating Council (HECC) and the UMass. Trustees to bargain over the insurance carrier change until agreement is reached, impasse, failure of the Union to commence negotiations within five days after the employer indicates its willingness to bargain, or the Union's failure to bargain in good faith. Also, HECC and the UMass. Trustees must post for 30 days a Notice to Employees that the Board of Regents violated Mass. General Laws Annotated Chapter 150E.

The Commission denied any monetary remedy on the grounds that since the Regents had no control over the GIC's actions, it would be "unjust and unfair" to impose monetary liability upon the Regents.

For reasons which are unclear at this time, Commissioner Walsh issued a separate opinion, differing primarily in that she would have awarded compensation. The MTA has written the MLRC requesting clarification as to the significance, if any, of Walsh's opinion. The parties have 30 days to appeal. The unions will issue a demand to bargain.

Congratulations to MTA attorney Margery E. Williams who handled this case in behalf of the higher education locals and MCCC Grievance Coordinator Dennis Fitzgerald for his assistance in the preparation of the MCCC part.

Tenure Eligibility After Six Years

Since the 1977-1980 Agreement, the contract has provided that a unit member who has completed six years of full-time employment is eligible for tenure. It was always the intent of the parties that service at another Massachusetts community college could constitute time served for tenure eligibility purposes. At Roxbury Community College a faculty member was denied tenure even though he had six years of community college service. A grievance was filed, and a Step II decision was rendered by management stating that the college shall consider the grievant eligible for tenure.

Early Retirement Plan Stalled

When we last left the early retirement saga, the governor was to file a plan with the legislature by June 22, 1992. He requested an extension and still did not file any legislation for an early retirement plan for public higher education. In a letter from Peter Nessen, Secretary for Administration and Finance (A&F) to the governor dated July 22, 1992, Nessen stated that the A&F and the college presidents were "unable to agree on a plan that is both acceptable to the campus presidents and fiscally prudent."

A major problem is that Nessen believes that any early retirement plan should be cost neutral to the state treasury meaning that any savings should be used to pay for the entire program. These costs would include the early retirement cost, vacation and sick leave buy back obligations and the health insurance. The remaining monies could then be used to fill positions.

The area of contention is the cost of the health insurance. The state wants public higher education to bear the cost of group health insurance for early retirees. The presidents do not want to bear this cost of an estimated $41.1 million.

We will now have to wait for a bill to be filed this fall or in the next legislative session. Since it is expected that the legislators will only be back for a few weeks in September, it is unlikely any bill will be filed prior to the election. After election, there will be a lame duck legislature, so any bill during that period is also questionable. No doubt, at some point an early retirement bill will be filed.

Special Thanks All full-time unit members should have received the MCCC Planner, a desk calendar with an academic calendar, contractual compliance dates, and directory of MCCC officers, chapter presidents, grievance coordinators, and directors. Congratulations to MCCC Grievance Coordinator Dennis Fitzgerald for the concept and execution of this calendar as well as for the Unit Members Grievance Handbook.

Correction. In the May edition of the MCCC Newsletter, it was reported in the "DCE Resolutions" article that a grievance was resolved at Massasoit Community College. The word "decision" was used and it should have stated "resolution."

State Unions Form Coalition

In an unprecedented move, the leaders and lobbyists from 12 state unions have formed a coalition to work with each other to get our contracts funded.

There are two primary groups-- Principals and Operations. The principals group is made up of the leaders of the state unions (MTA President Bob Murphy represents higher education). The Operations group is comprised of the lobbyists and second tier leadership from these 12 unions.

Both groups have been meeting throughout August to plan a strategy for obtaining the goal of getting these contracts funded. The following is an overview of this plan which will parallel higher education's and MTA's campaign which is already in place.

• MTA will be conducting a state poll for the coalition.
• Meetings are taking place with House Speaker Charles Flaherty and Senate President William Bulger.
• It is anticipated that Flaherty will call the legislature back into session around September 22 for a couple of weeks. If a funding bill is to be filed, it will be done during this period. After that time, legislators will be back in their districts until the election.
• A letterhead has been drafted listing all the unions in this coalition.
• A letter will be sent to each state employee from his or her state affiliate outlining the plan and urging people to get involved in the election and to elect people who will support our issues.
• A massive lobbying campaign will begin immediately. The MCCC and other higher education locals already have begun their campaign.
• The immediate goal is to get the full 13 percent on everyone's base and get the retroactive in a supplemental budget. The coalition is in the process of finding out how much money the House and Senate is willing to appropriate in the first round since we know the state does not have $390 million (total cost of funding with retroactivity) on hand.

The only way our contracts are going to be funded is through the legislature. The legislature, then, must be made up of men and women who are willing to vote for the funding and override the governor's veto. The senate presently has enough votes to sustain the governor's veto. With hard work, that balance could shift to our side on November 3.

DCE Salary Increase

Beginning in September, 1992, unit members will receive a 20 percent salary increase up to a maximum of $650 per credit hour or $1950 for a three-credit course. In addition the collective bargaining agreement mandates a new lab/credit ratio of 1.5 to I which will increase the workload value of laboratory assignments for the purposes of computing salary.

In was only two years ago when the MCCC struck the colleges for management's failure to bring the DCE bargaining to a satisfactory closure. The MCCC had been at the bargaining table for over three years and had received a favorable fact finder's report which the presidents refused to acknowledge. When the strike was called off and the parties emerged with a contract after a difficult summer of negotiating, the MCCC unit members went from an average salary in 1990 of $1,050 to a maximum of $1,950 (9/92), an increase of nearly 86%. For the newer employees who have not reached maximum, the salary increase has gone from a low in 1990 of approximately $265 ($795 for a three-credit course) per credit to $570 per credit ($1,710 for a three-credit course), effective September, 1992. This represents an increase of nearly 94 percent.

If anyone has any questions concerning salary, he or she should contact the DCE Coordinator Joe Rizzo or MCCC Roger Dufresne.

DCE Resolutions

When approximately 30 unit members were dropped from the seniority list in work areas where they had not taught for more than two years at Bristol Community College, the MCCC filed a grievance in their behalf. Most of these members, however, did not have a break in service during this period and should have not lost previously accrued seniority. This matter was resolved at the college level with the agreement that the college would correct the seniority list and the union would withdraw its grievance.

A new DCE faculty member at Northern Essex Community College was suspended without pay shortly after a student complaint. Despite the official designation of suspension, permanent replacements were hired to finish the semester. A grievance was filed based on dismissal without just cause or due process as provided for in the contract. This issue was settled at Step II and the grievant was paid in full for the contracted salary, his personnel file was expunged of all materials relating to this matter, any job reference, verbal or written, will be based solely on the contents of the file, and there is nothing to preclude reappointment at the college.

NAGE Loses Contract Suit

The Supreme Court finally issued its decision concerning the suit filed by the National Association of Government Employees (NAGE). The union argued that the public sector collective bargaining law requires only approval by the house and senate to establish a legally binding agreement on salaries and does not require approval by the governor. This argument was based on the fact that the Alliance, AFSCME/SEIU, and AFL-CIO are direct employees of the governor and bargain with his agents, the Office of Employee Relations and Administration and Finance. The court, in ruling only on the constitutionality of the issue, said that the argument was "strained and constitutionally questionable interpretation of the statute and the agreements required the Governor to submit an appropriation request to the Legislature." The court wrote:

Chapter 150E does not eliminate the need for the Governor's signature on an appropriation bill. Even where, as here, the Governor proposes the bill, the Governor's approval of the bill cannot be presumed, nor can presentment to the Governor be dispensed with as a mere formality. Since an appropriation requires gubernatorial and legislative action, there have been no "appropriations... to fully fund the cost items" since there has been no appropriation bill enacted into law to fund those items.

This decision put the focus of contract funding back in the legislature and precipitated a statewide coalition of unions.

Know Your Contract

Sept. 11	Faculty post office hours
Sept. 15	Notice of accumulated sick days to faculty and professional staff
Sept. 18	Faculty submit course materials
Oct. 1	Notice of tenure eligibility to sixth-year employees
Oct. 9	Course Materials Evaluation (E-2) returned to faculty
Oct. 15	Seniority list given to chapter president
Oct. 15	Notice of nonreappointment to fourth-year or longer employees

N.B. Dates may vary depending on first day of classes. Also, most of these dates are "last date" standards. In many instances, the action can he accomplished before the date indicated.