MCCC Home | Year Index | 1993 Index

In This Issue:

• Retrenched Faculty Reinstated
• Salary Increase
• Sex Equity Settlement
• Early Retirement Update

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Eight Retrenched Faculty Reinstated At RCC

In an arbitration decision from Michael Stutz received by the MCCC in August, Roxbury Community College was found guilty of violating our contract when it retrenched faculty members Charlotte Belezos, Elizabeth Coughlin, Virginia DeAngelis, Donald Gibbons, Jinnat Hossain, Chiso Ndukew, Alfonsina Minchella, and Ruby Hayes.

In 1989 Roxbury's president, Dr. Walter Howard, decided to retrench eight faculty members, close the Computer Department and send the students to Bunker Hill, and move the Office Technology program to the Boston Business School. Sixty percent of the Roxbury students were enrolled in these two departments. The affected faculty were notified by mail on November 24, 1989, that they were to be retrenched. They immediately filed grievances.

Not only did the college fail to respond to any of the grievances, the college ignored the very clear contractual requirements of notifying the MCCC. Stutz writes, " 'Consultation,' contains strong and specific language that places mandatory requirements on management to lay most of its cards on the table when it decides to lay off members of the bargaining unit. ...The Union must be provided with an opportunity to scrutinize management's decision and to offer alternatives. Not only did the college not provide the information requested, the extensive documentation prepared for the Trustees was withheld from the union until arbitration."

The carelessness and irresponsibleness of these retrenchments were apparent in the administration's response to affected employees' queries. When asked by faculty members why would there be retrenchment in the computer technology area, the area of the future, Dr. Howard responded, "There is no rationale." Alfonsia Minchella, the only member of the Management Science Department to be laid off, was expecting a child in November. Dean Hicks told her that she should not concern herself because she would not be in any physical position to return in January 1990 because of the baby. Jinnat Hossain was told by the acting president before Dr. Howard, William Thompson, that the computer department was to be closed because CIS teachers have good skills and can get another job.

In his binding decision, Stutz writes, "...it appears clear from the evidence that Dr. Howard, despite advice from labor counsel about the requirements of the Agreement, presented a stone wall to the Union in response to its requests for his reasons and information supporting the retrenchment decision. Dr. Howard thereby quite obviously violated the retrenchment article in substantial ways. ...The Union demonstrated beyond doubt that Dr. Howard and his management team did not provide the...relevant information...and I find that the retrenchment was made in an arbitrary, capricious, or unreasonable manner... Stutz awarded reinstatement for the grievants retroactive to the date of layoff. They will also be made whole for lost salary and other contractual benefits, minus interim earnings.

This arbitration was handled by MTA Attorney Brian Riley. MCCC Grievance Officer Dennis Fitzgerald worked with the chapter and grievants from the initial grievances through arbitration. A special note of appreciation, however, goes to Karen Burns, former accounting professor at Roxbury and former MCCC Research Coordinator whose testimony and information was critical in the success of this case.

Sex Equity Settlement Still Unfunded

When the fiscal 1994 budget passed, approximately $10 million was put into an account for the comptroller's office to pay legal settlements. There was no specific language in the budget which would earmark all or part of these funds for any particular purpose.

When the governor submitted his deficiency budget for fiscal 1993, approximately $11.1 million was submitted, also for settlement payments. Though the House kept those monies, the Senate removed them thereby sending this item to the Conference Committee. When the Conference Committee's budget came out, $1.6 million was incorporated for settlement payments. In neither the budget nor the deficiency was there any language earmarking these funds for the payment of the community college equity suit or any particular settlement.

When unit members began making calls to representatives and senators, they were told that Administration and Finance had the money to pay this settlement. However, because there was no specific earmarking language, the comptroller's office paid out monies for settlements that were waiting for payment. At no one time has the Comptroller's Office had sufficient funds to pay the nearly $10.6 million for the sex equity settlement. The MCCC and MTA lobbyist will be meeting with appropriate parties to get the funding for this settlement through another deficiency with earmarking language.

MCCC Largest Higher Ed Local at NEA Representative Assembly

Nationally, the MCCC was largest higher education local attend the NEA Representative Assembly. Thirty unit members from twelve campuses were present.

Though two bylaw changes which higher education supported did not pass--a designated seat on the NEA Executive Committee for higher education and a hardship dues level for members making less than $10,000-- the issue of merger discussions passed. In an attempt to explore the feasibility of a national merger of the National Education Association (NEA) and the American Federation of Teachers (AFT), the Assembly passed a motion which would allow "discussions" to take place between the two organizations. The NEA has appointed a committee of thirteen to participate in these discussions. Ernest Therrien, an NEA Director from Springfield Technical Community College, is one of the thirteen NEA members of the committee.

From left to right, front row: Luanne Vidmanis QCC; Luz Rupert-Lopez PCC; Yolande Croteau STCC, Cindy Parentella HCC; second row: Alan Peck STCC; Eugene Lui BHCC; Barbara Spence QCC, Geri Curley BHCC; Mollie Wigon BHCC, Roberta Passenant BCC, Bob Nunes MBCC: Susan Dole BHCC; Ruth Westmore BHCC; Dennis Fitzgerald MACC, Tom Parsons MBCC, Charles Chisholm BHCC; third row: Abe Sherf NSCC, Margaret Ryckebusch BRCC, Gregory Gillis BHCC; Rick Doud MDCC, Jim Rice QCC, Neal Nettler HCC: Pam Donohue No. Essex; David Ram HCC. Sharon Lamoreux QCC. Bob Gillies QCC, Virginius Thornton MBCC, Ernest Therrien STCC, Catherine Boudreau MACC, Barry McPhee CCCC.

Special Thanks

All full-time unit members should have received the MCCC Planner, a desk calendar with an academic calendar, contractual compliance dates, directory of MCCC officers, chapter presidents, grievance coordinators, and directors. This calendar was designed and put together by MCCC Grievance Coordinator Dennis Fitzgerald.

MCCC Board Votes New Publication--An Interdisciplinary Journal

At the August Board meeting, the MCCC Directors approved funding for an interdisciplinary journal of the MCCC which will be refereed by a Review Panel of MCCC members. The journal, similar to NEA's Thought and Action, will be comprised of articles, manuscripts and/or book reviews written by MCCC unit members. Prior to the call for manuscripts, however, the review panel must be established.

All unit members are invited to apply and the specific criteria for candidate selection include: excellent grammar and writing skills; knowledge of APA format; knowledge of writing and editing professional and organizational publications; knowledge of the MCCC/MTA/NEA and understanding of the role of unions; ability to work under tight timelines and schedules; and ability to work as a team member.

The Panel will meet twice to evaluate submissions for publication in the journal. Responsibilities will include reviewing article manuscripts; reviewing letters, book reviews, and commentaries, and recommending which submissions will be published. One panel member will be responsible for writing an "Overview" section, a summary of the articles and sections of interest in the journal.

Appointment to the panel will be for one year and no member of the panel may submit manuscripts for publication in the journal while a panel member. Expenses for panel members for meetings, meals, and travel will be covered by MCCC. Letter of application and accompanying resume should be sent to MCCC President Tom Parsons no later than November 30, 1993.

Guidelines for submission of articles will be printed in the call for manuscripts in the September issue of the Newsletter.

Nominations and Elections Committee Vacancies There are three vacancies on the Nominations and Elections Committee for this year. Since there will be MCCC elections in addition to MTA and NEA Annual Meeting delegate elections, the committee must be formed soon. Anyone interested in serving on this committee should send a letter to MCCC President Tom Parsons. Applications must be received no later than Thursday, October 7, 1993, at 5 p.m.

MTA Holds Regional Strategic Planning Meetings The MTA is in the process for putting together a comprehensive mission statement for the organization. It will be holding regional meetings to enable all unit members to attend and contribute to the direction the MTA should be taking for the future. The following is a list of times and places of these meetings which were available to date. The chapter president will be receiving a letter of the specific time and place. Each campus should make an effort to send a representative(s) to one of the meetings. Essex, 9/22/93, Day's Inn; Berkshire, 9/28/93 Bristol, 9/14/93, Muldoon's. Taunton; Franklin/Hampshire, 9/29/93; Hampden, 9/27/93; Norfolk, 10/20/93; Plymouth, 9/22/93; Worcester, 9/22/93.

Salaries Increased In July Paycheck All unit members (excluding grant employees) should have received their 7.25% increase in the July paycheck. Grant employees should receive the increase provided that there is money in the grant. To check if your amount is correct, take the gross amount of your August check and divide by 4 to get your new weekly salary which must be on the schedule below. Because of the sex equity settlement, female professional staff will need to use the gross amount of the June check to get the weekly amount then multiply it by 1.0725. Check the schedule below and add two steps. That amount should reflect the new weekly salary in the July check. Female faculty who receive steps in September should move up the appropriate number of steps on the schedule below to find new weekly salary as of September.

New Salary Schedule (Effective July, 1993) 480.87 689.07 894.33 501.79 719.87 916.13 523.61 741.66 937.94 545.40 763.48 959.74 567.22 785.28 981.56 589.02 807.10 1003.36 610.84 828.89 1025.18 632.64 850.71 1046.97 654.45 872.51 1068.79 676.25

Early Retirement Bill Promised in Fall

Exactly a year ago in the August, 1992 edition of the MCCC Newsletter, an article appeared on the stalled early retirement bill. One year later higher education finds itself in a similar predicament--no early retirement bill.

After the House passed an early retirement bill in the spring, the Senate put out its version which was dramatically different in its funding. The House had the Commonwealth paying $20 million while the Senate version had the institutions paying the entire cost. Even though the Higher Education Coordinating Council and some state and community college presidents supported the bill, the governor vetoed it with strong encouragement from U.Mass. President Michael Hooker. The House leadership did not put the bill on the override list and the bill died. According to the House leadership, they did not like the bill because it put the entire cost onto the institutions, unlike the state employees' early retirement bill.

Speaker Charles Flaherty has assured the MTA and other higher education representatives that there will be an early retirement bill filed in the fall. Members from the MTA Higher Education Leadership Council will be meeting with Representative Kevin Blanchette, chair of the Public Service Committee to discuss this bill.

DCE Meetings MCCC representatives will be meeting with DCE unit members at the college-sponsored faculty meetings during August and September. Members will be updated on upcoming negotiations and contract administration. The following campuses have meetings scheduled after Labor Day: Mass. Bay, September 11, Saturday morning; Middlesex, September 17, 5 p.m., Cafeteria; Mt. Wachusett, September 27, 4 p.m., President's Board Room; North Shore, September 7, 7:30 p.m., Lynn Campus Cafeteria; Springfield, September 7, 7 p.m., Scibelli Hall Auditorium, first floor

If You Are In A Tenure, Non-evaluation Year If you are a tenured faculty member and are not scheduled for an evaluation this year, you are required to submit only your course syllabi and college service and student advisement forms to your immediate supervisor. He or she should prepare the Workload Materials form which acknowledges receipt of the above materials by the supervisor and that the materials have been returned to the unit member. The same procedures holds for the spring semester.

Looking for a Job The vacancies within the community colleges are easily accessible on the MTA Bulletin Board System (BBS), If you do not have a Hayes compatible modem, someone on your campus will. Vacancies can be read, downloaded, and/or printed at your terminal. To access the BBS from within Massachusetts, dial 1-800-523-8883 (1200 or 2400 baud, 8 data bits; 1 stop, NONE parity) (If you live outside the state, you can contact the MCCC Editor or speak to someone in Massachusetts who has a modem.) Follow the prompts and answer the questions. After that, only name and password are needed. To see files, Go to Main Menu; (F)iles area; (6)Vacancies at our community colleges; (F)iles note most recent date; return to Main Menu (enter); (1) Display; File to view (enter most recent date). Questions about bulletin board go to the systems operator (SYSop) Ron Miller (1-508-653-7244). If you do not have access to a modem, a printout can be fared to you by faxing a request to the Communications Coordinator at FAX number 617-236-0448.

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Know Your Contract

Aug. 24	Dean's Recommendation for Spring Leave of Absence
Aug. 24	Spring sabbatical recommendations from president
Sept. 1	Earliest date a professional day can be assigned
Sept. 7	Earliest classes can begin
Sept. 7	Office hours submitted
Sept. 10	Full-time schedule changes to chapter president
Sept. 10	Office house posted
Sept. 15	Sick day accumulation send to unit members
Sept. 17	Course materials submitted

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.