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Volume IX |
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Number Two |
In This Issue:
On September 7, 1994, Dennis Fitzgerald, MCCC Negotiating Team Chair and Attorney Henry Stewart, chief spokesperson for the presidents, signed a Memorandum of Agreement ending bargaining on all non economic issues of the con act except for Family and Medical Leave and unit tides. This now leaves both teams free to work on getting a money proposal on the table and getting it funded.
The process of bargaining this contract took on a negative tone from the beginning. The presidents' demand package had so many take backs and was so insulting, that the members reacted swiftly and loudly. Unit members asked "Why." and "What are your doing." No acceptable answer ever came forth. Toward the end of the spring, the presidents took some egregious language off the table in evaluation and workload, and bargaining moved forward, albeit slowly. Then during the summer, a request came for a meeting with a few representatives from each side. The presidents were interested in closing bargaining on language and focusing on getting an economic package. After three negotiating sessions over three months both parties came to an agreement on substantial outstanding issues and both parties removed all other outstanding proposals from the table. Two issues remain to be resolved: Family and Medical Leave language and unit titles.
The Executive Committee then recommended that each chapter reconsider any work to rule actions. The Committee felt that the presidents made a good-faith effort to end bargaining on nearly all the non economic issues and they have agreed to join with the MCCC to get an economic package. The following paragraph summarizes the agreement of both parties as it pertains to the monetary part of the agreement. The presidents
...are prepared and committed to negotiate In good faith, and include In the successor agreement any agreement reached on the following, subject to sufficient appropriation: base rate increases; compressed salary scales; yearly step advancement; any remaining unfunded promotions; hiring guidelines; any salary equity issues; Health and Welfare contributions; travel and conference expenses; tuition and fee waiver in the community college system and department chair/program/college-wide coordinator stipends. Salary equity negotiations resulting in settlement would result in the withdrawal of salary equity grievances that have been filed at individual colleges and on a system wide basis.
A complete outline of the agreement will be distributed to all full-time day unit members. Highlights are:
The conclusion of bargaining on the language would not have
happened if it had not been for the support of the membership.
President Andrew Scibelli, chair of the presidents' Bargaining
Subcommittee, initiated the meetings to discuss settling the language
of the contract. There is no question that money is the primary
component of any contract. But the necessity for good language can
never be dismissed. Congratulations to everyone for helping bring to
a close a significant part of the bargaining process.
Public Relations Grants. These grants are available to any higher education chapter for a program designed to expand public awareness of and support for public higher education, to enhance the image of all members and to publicize the professional expertise and accomplishments of the local or chapter. This program, administered by the MTA Communication Committee, awards grants of up to 50 percent of net costs up to a maximum of $500 for any one project with a limit of $ 1,000 for more than one project. Grants are awarded on a first come first served basis and the deadline for all applications is February 1, 1995. If your chapter is interested, contact the MTA Communications Division for an application and explanation of the guidelines. (1-800-392-6175). All chapter grant applications must be signed by MCCC President Tom Parsons before submission.
Professional Development Grants. This program awards grants
of up to $500 to chapters a group of MTA members or to an individual
member for the design and implementation of a professional
development program. The goals of the program are: to improve local
conditions for teaching and learning to assist members in their
continuing professional development (not however, to support the
personal research, educational, or professional activities of
individual members); and to assist members to achieve an increased,
effective role in the management of' their professional and working
lives. Applications may be submitted for three review dates - October
14, December 16, or February 10, 1995. For an application and
specific guidelines contact the professional Development Division
(l-800-392-6175).
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When the MCCC learned that some colleges were not giving appointments in different work areas to unit members who had seniority, the MCCC filed a system wide grievance. When this case finally reached arbitration, the arbitrator dismissed the grievance based on arbitrability. As a result, the merits of the case were not addressed The arbitrator ruled that the terms of the contract were that the failure or refusal to appoint in DCE was precluded from the arbitration process but could be mediated.
Management argued that the Association bargained this language and appointment cases were limited to non binding mediation. The MCCC argued that the 'mediation only' provisions of the contract were narrowly confined to Article 10.03 a,b,c that apply to situations where the reason for nonreappointment were insufficient courses unsatisfactory evaluation or stated written reasons. The Association maintained that the denial of an appointment to someone who has reappointment rights is arbitrable. It also provided bargaining history evidence to support this argument and pointed out contractual provisions where the arbitrator may award compensation for lost salary.
The arbitrator ruled that the language was clear and unambiguous regarding mediation and that the Association, therefore could not arbitrate.
The purpose of arbitrations is to clarify contract language and to serve as a guide to the subsequent negotiating teams as what areas of the contract need to be reviewed. In this case being limited to mediation would not be meaningless if management approached these proceedings in good faith. Since it became clear that a grievant cannot go to arbitration on certain issues, the presidents have not resolved a mediation case.
The lessons learned from arbitrator's decisions are that dear contractually based rights are the only real protection that exists in most situations Verbal assurances and claims of good intentions across the table do not suffice. An impartial and binding vehicle of resolving disputes is essential to a fair and positive work environment. It is unfortunate that the Division of Continuing Education Deans and the college presidents are so eager to preclude us from having a neutral third party rule on a matter that is so central to the DCE faculty.
The individual cases consolidated for the system wide case are
being prepared for mediation. It is important to note that other
aspects of the contract are unaffected by this decision and the
viability of some course assignment cases remains hopeful. In
addition, there are extra contractual legal forums that exist, such
as the MCAD and the Labor Relations Commission, which could be
utilized depending on the nature of the nonreappointment case.
The MCCC filed a prohibited practice charge at the Labor Relations
Commission against Roxbury Community College. The filing was for both
the day and DCE units. Roxbury reclassified a day DCE program to day
part-time status This resulted in the diminishment or nullification
of employment rights for the unit members.
The MCCC filed a charge with the Labor Relations Commission
against No. Essex and Mt. Wachusett for failing to hold Step One
grievance hearings for DCE unit members The Commission found probable
cause, and a hearing will be scheduled.
Unlike the day contract, the presidents could bargain in good faith with language and money. Since the presidents do not need permission or direction from any state agency to put a money offer on the table, it is hard to understand why the presidents and their deans have been so recalcitrant in bargaining.
Since the demand to bargain was sent last September (September 29,
1993), the teams have met twice - March 8, 1994, and September 12,
1994. Will the presidents continue their lollygagging or will they
begin to show good faith efforts to finish this contract?
Effective this year, the new DCE dues rate is $ 125.40 (agency fee
is $104.90) per year for teaching three or more credits per year.
This constitutes a reduction of over $36 from last year and is now
lower than when the DCE contract took effect in 1990. This reduction
was a result of a vote of the MTA Annual Meeting Delegates. They
changed the dues structure for part-time employees into categories
and MCCC/DCE unit members received a reduction.
Despite continued efforts of some colleges to challenge
unemployment claims, the affected unit members continue to be
victorious. Three unit members won appeals this summer from
Massasoit, No. Essex, and Middlesex. Several cases are still
pending.
Fall and Your MTA Card
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Articles and Graphic Designs Wanted for Journal° Articles. Dr. Peter Meggison from Massasoit from Massasoit Community College, chair of the community college interdisciplinary Journal, The Scholar, has sent a letter to all chapter presidents asking them to distribute a request for articles for the first edition. The journal, due out in the Fall, will be an academic sampler. If any unit member has published an article that he or she would like to have printed in the journal, Please contact Peter Meggison at Massasoit (One Massasoit Boulevard, Brockton, MA 02402). ° Graphic Design. A letter was sent to
Graphic Arts Department Chairs in the community college
inviting unit members to submit a cover design for the
journal. Anyone interested in submitting a Proposal should
contact the Journal editor, Catherine Boudreau for the
criteria for the design. Award: $300 plus credit in the
journal. |
Looking for a JobThe vacancies within the community colleges are easily accessible on the MTA Bulletin Board System (BBS). You can read, download, and/or print these vacancies at your terminal. If you do not have access to a modem, a printout can be faxed to you. Fax your request to the Communications Coordinator at 617- 236-0448. You must include the name of the college(s) where you work. to access the BBS from within Massachusetts dial
1-800-523- 8883. (enter your baud, 8 data bits; 1 stop; NONE
parity). Enter your name and password. Sequence: Check for
New File (N); LWBulletin-Q(uit) and enter. F(ile); 6
(Vacancies in community colleges); (F)files in this area;
(V)iew and type in full number on last entry e.g. 11-01-94.
Specific questions about the bulletin board go to the
systems operator (SYSop) Ron Miller, preferably through the
BBS. Questions about a particular aspect of a job go to the
individual colleges. |
The primary election is next week, and there are a number of races
which need help. As we did two years ago, higher education members
helped change the make- up of the Senate and removed the Governor's
ability to sustain his veto. Since a number of legislators are not
running for reelection, open seats have drawn a large candidate pool.
The political action division of the MTA, VOTE (Voice of Teachers for
Education), has had a number of candidate evaluation teams interview
candidates and incumbents. The VOTE Board then put together a list of
targeted races. These targeted races are very important to education
since the threat in the legislature is the passage of the bill called
Senate 2 - Public Aid to private Schools. The candidates in the
targeted races do not support Senate 2. Anyone interested in getting
involved and willing to volunteer just a few hours for a candidate
should contact their political action person on campus or the chapter
president. If you are willing to give up a few hours and your
candidate wins, you will have better access to that legislator. Our
contract funding will be coming through the legislature at some
point; the more support we have the better our chances. Just a few
hours -- that is all it takes.
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Oct. 1 |
Sick Leave Bank Open |
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Oct. 1 |
Tenure Eligibility List Distributed |
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Oct. 5 |
New full- and part-time list due MCCC |
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Oct. 7 |
Course Materials Evaluated (E-2) |
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Oct. 15 |
Full-time seniority list |
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Oct. 15 |
Letters of reappointment due for employees with four or more years seniority |
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Oct. 15 |
College payrolls due to chapter |
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Oct. 23 |
Leave of absence decision for spring due |
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Oct. 23 |
Spring sabbaticals awarded |
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Catherine A. Boudreau MCCC/MTA Newsletter |
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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