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In This Issue:

• Colleges Ignore Decisions
• ORP
• Journal Panelists Named
• MTA Legislative Program

Disdain? Defiance? Disregard?

College Ignores Arbitrator's Decision

Apparently some college presidents think little of the binding arbitration process, or Commission decisions, or adhering to a collective bargaining agreement to which they are a party.

After three years in litigation, last Fall Arbitrator James Cooper not only issued a decision concerning administrators teaching in DCE, he also awarded the union damages. He upheld the language in the contract that prohibits certain administrators from teaching because of their duties within DCE. In addition, he listed the names and/or positions of some of the administrators who were excluded from teaching. Because this decision came during the semester, the prohibition from future teaching was to commence with the spring semester.

The MCCC recently learned that Dean Ralph Sarro from Massasoit Community College, though excluded by the arbitrator's decision, was, in fact, teaching this semester in DCE at the college. His boss, Terrence Gomes, DCE Dean and a member of management's day and DCE bargaining team, and President Gerard Burke have flagrantly disregarded an arbitrator's decision.

DCE Grievance Coordinator Joe Rizzo stated, "An action so egregious is difficult to understand in light of the specificity of the decision regarding this individual. The MCCC will go to court to get an injunction and has scheduled hearing before Arbitrator Cooper for enforcement of his decision.

Rizzo also stated that another member of management's bargaining team has engaged in actions which are indicative of a poor attitude toward the employees and labor relations. Associate Dean of Personnel Steve Fabbrucci of No. Essex Community College has been observed walking the halls in the evening questioning students regarding how long they are given for breaks and if the instructors start the class late or dismiss the class early. Other administrators also appear to be part of this apparent clandestine monitoring of DCE faculty. The MCCC believes this situation to be unprofessional at best but unfortunately reflective of President Dimitry's philosophy of modern management.

The MCCC has "heard" that the presidents want to improve labor management relations. This causes confusion, however, when there is disregard for the rules that govern this relationship. This disregard extends to the faculty and staff whose rights are abridged under a negotiated agreement.

• When it is necessary to impact bargain over an issue which affects the members, some colleges unilaterally implement changes in the contract without giving the union notice. As a result, the union has to continually file charges against the colleges to get them to bargain in good faith since these changes affect the employees.

   

• At Mass. Bay Community College President Van Winkle was ordered to bargain over an issue at the college by the Massachusetts Labor Relations Commission (MLRC). He refused. The MCCC had to file for enforcement procedures in order to implement the award.

   

• Seven months ago a decision was handed down that Roxbury Community College unfairly retrenched seven unit members. The arbitrator awarded reinstatement and monetary damages. Not only has no one received their back pay, but the college has not even offered a proposal. The MCCC is going back to the arbitrator on April 1.

   

• The Step II hearing process is a sham. Some colleges refuse to bring the managers who are part of the grievance to the hearing thereby making a mockery of the process. Some Step II decision are delayed four to six months after the hearing (decision is due 40 days after hearing) for no apparent reason. The majority of cases are resolved at Step I or arbitration.

   

• There are long delays in receiving information from the colleges which the MCCC is entitled to and is necessary for the processing of grievance cases and the statewide equity study.

   

• Cases which should be resolved head to arbitration only to be settled days before the hearing. This a waste of time and money, and is patently unfair to the grievant.

   

• As part of the sex-equity settlement, the presidents agreed to negotiate initial hiring criteria at the Joint Study Committee. They have refused to negotiate.

   

• The colleges have refused to implement the hourly rate increases for part-time unit members that the presidents agreed to in the collective bargaining agreement.

What's the point? Presidents condone their administrators' violating the contract or decisions, yet they want to engage in discussions of how to improve the relations between the two groups. Most grievances and arbitrations are resolved in favor of the grievants because most grievances are a result of contract violations. It seems the best way to improve labor management relations is to follow the agreement. This would result in fewer grievances and better labor/management relations. Or, is there another agenda with the presidents--more control (a.k.a. flexibility)? Only time will tell by what happens with the presidents' Demand Package at the bargaining table.

Four Appointed To Review Panel

MCCC President Tom Parsons has appointed four unit members to sit on the Journal Review Panel. These members will be responsible for putting together the first Interdisciplinary Journal for the MCCC.

Dr. Peter Meggison is Department Chair of the Office Administration Department at Massasoit Community College. He has extensive experience is reviewing articles for business publications and has served as a board member for Instructional Strategies, An Applied Research Series and the Delta Pi Epsilon Journal. Also, he was the editor for the Business Education Journal, the official journal of the National Business Education Association. In 1990 he was chosen outstanding post secondary teacher by the National Business Education Association.

Carol Sokolowski is a professor of English at Massasoit Community College. She has written and has had published a number of articles and has done editing for aspiring writers.

Laura M. Ventimiglia is a DCE unit member and teaches psychology at No. Shore Community College. She has written a number of articles including one published in NEA's Thought and Action and one in the Advocate The NEA Higher Education Newsletter.

Ron Weisberger is the Coordinator of Tutoring in the Tutoring and Academic Support Center at Bristol Community College. He served on the board of the Cultural Correspondence, an independent journal and has done extensive writing in conjunction with his doctoral work. €

March 5, 1994

Higher Ed Conference

On March 4 and 5, the MTA will sponsor two conferences. The Collective Bargaining Conference will begin Friday evening March 4 and end March 5. The Higher Ed Conference will be held March 5.

The higher education conference will consist of two workshops. One workshop will focus on the "Political Right" with a panel discussion reviewing the explosion of grassroots activities by the "Far Right" and religious groups and how they are attempting to influence public education. The panelists will be Wil Roberts, Professor of English at Greenfield Community College, Dr. John Cole, Professor of Anthropology at U.Mass/Amherst, Larry Kramer, president of the Braintree Teachers Association, and Beth Jones, doctoral candidate in political science specializing in the church versus state issue. Chip Berlet, an analyst for Political Research Associates in Cambridge will speak at the luncheon for all conference participants. He will also address the higher education group with information specific to higher education.

The second workshop will focus on the upcoming higher education political action plan. There will be overviews of the higher education budget, upcoming political campaigns and legislation, and segmental bargaining information.

All unit members will be receiving a program separate from the Collective Bargaining Conference program. The conference will be at the Best Western Crown Plaza in Marlborough and includes conference materials and lunch. €

MTA 1994 Legislative Program

The following is a list of bills affecting higher education that the MTA has filed or refiled or supports (filed by someone else) for this legislative session. If you are interested in seeing the entire legislative program, contact MTA Division of Governmental Services.

• Higher Education Budget. Increase funding for public higher education
• Creditable Service for Higher Education Employees. This bill would allow certain public higher education employees to take advantage of the new law (C. 333 of the Acts of 1992) that give teachers credit for nonpublic school service. That law allowed anyone currently teaching in a public school system to buy back up to ten years of credible service in nonpublic schools provided it was before July 1, 1973. This bill applied only to those who are part of the teachers retirement system; it excluded employees who are part of the state retirement system (higher education).
• Conflicts of Interest on Higher Education Coordinating Council (HECC). This bill would prohibit faculty members, administrators or members of the Board of Trustees from private colleges and universities from serving as members of HECC to avoid any conflict of interest.
• Early Retirement. This bill would provide an early retirement incentive to public higher education employees.
• Funding of Continuing Education. This bill would allow state funding to support the continuing education programs in public higher education.
• Health Benefits for Part-Time Higher Education Faculty. This bill would extend group health insurance coverage to regular part-time faculty who teach at least two courses per semester.
• Sabbatical Leave. This bill would allow credible service for any sabbatical leave, whether granted with full or partial compensation. The bill would be retroactive as well as prospective.
• Child Care Programs for Higher Education. This bill would provide quality child care programs and facilities at every public higher education institution for faculty, staff, and students.
• Collective Bargaining in Higher Education. This would ensure that HECC continues to act as the statutorily designated "employer" for the purpose of collective bargaining with all higher education employees.
• Health and Welfare Trust Funds. To have the state fully fund state employee health and welfare trust funds and to ensure that the funding increases to allow for inflation.
• Higher Education Contract Funding. This would ensure that our negotiated agreements are fully funded by the legislature, including any retroactive payments. €

Are You Eligible for Additional Retirement Credit for Teaching in A Nonpublic School? MTA has filed (see Legislation article) a bill for the upcoming legislative session dealing with the ability of higher education employees to buy back up to ten years of creditable service if they taught at a nonpublic school and had no money taken out for social security or any retirement plan. In 1992 the legislature passed the "Nun's Bill" which allowed only K-12 employees to buy back up to ten years towards their retirement. This bill focused on public school teachers who taught in parochial schools (before a certain date) since they were the primary group of schools that did not have deductions toward a retirement plan. This bill, however, excluded higher education. In order to gather support for the passage of this bill, some state and community college employees are attempting to compile the names of the employees affected by this bill. If you or anyone you know taught in a private school (anywhere) and did not have any monies withheld for retirement, please contact Elizabeth Malloy (faculty member on leave from Salem State College). She needs to ask some questions to find out if you would be eligible to buy back time in our pension system.

Legislature Passes Optional Retirement Plan

The legislature passed an Optional Retirement Plan (OPR) for higher education faculty, chancellors, and presidents. This legislation allows this group to participate in a retirement program that permits pension portability and non participation in the state retirement system.

Pension portability is a benefit that appeals to faculty and presidents, especially in the university system. This type of portable pension system already exists for certain higher education employees in virtually every other state. This plan will not benefit employees who have been in the system for a number of years; however, a new employee who may or may not stay in Massachusetts may prefer to be in an OPR such as TIAA CREF so they can remain in a retirement plan regardless of where they work.

Nota Bene

Female unit members receiving a substantial amount of money from the sex equity settlement should speak with their accountants or tax people when preparing this year's taxes. Since half of the money is taxable, the increased income could affect their tax status. Everyone should make arrangements in anticipation of this added income. Plan for the outside possibility that the government may tax the emotional distress monies.

Anyone interested in becoming part of the college and statewide political action group (See January Newsletter), please contact MCCC Vice President Susan Dole.

Know Your Contract

Feb. 15	Reappointments of first-third year unit members
Feb. 23	New full and part-time employees list to MCCC
Feb. 25	Course Materials (E-2) evaluated
Mar. 5	Fall 1994 Leave of Absence applications due
Mar. 5	Fall 1994 Sabbatical Committee recommendations due
Mar. 15	Dean's Title Change recommendations due
Mar. 15	UPPC and administration's tenure recommendations due

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.

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MCCC Newsletter Editor: Catherine A. Boudreau MCCC/MTA Newsletter 20 Ashburton Place Boston, MA 02108

The MCCC Newsletter is a publication of the Massachusetts Community College Council. The Newsletter is intended to be an information source for the members of the MCCC and for other interested parties. The material in this publication may be reprinted with the acknowledgment of its source. For further information on issues discussed in this publication, contact Catherine Boudreau, Massasoit Community College, Brockton, MA 02402.

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