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In the fall of 1990, Molly Flannery was a part-time DCE ESL instructor at Roxbury Community College. Until the fall of 1993 she taught these ESL courses only in the morning. At some point during the fall of 1993, the college transferred the day DCE ESL courses to the day program that resulted in Flannery and other instructors being part-time day employees. These instructors did not know this transfer had taken place until they received a day division contract with a new supervisor and evaluator, Jose Gonzales.

When the college transferred these unit members, there was a college regulation restricting the number of credits that part-time ESL faculty could teach to either five or seven credits. Gonzales informed the DCE faculty of this regulation. In December Flannery initiated and signed a letter, along with other ESL instructors, to Gonzales protesting the credit limitation. Gonzales met with many of the part-time faculty, and in the spring semester(1994), six faculty were offered ESL courses in the day division.

Also, during the fall the heat in the classrooms was inadequate, and Flannery complained to various college officials of the lack of heat in her rooms.

In December Flannery indicated, on a form, that she was interested in continuing to teach ESL in the morning. After attempting to contact Gonzales a number of times, Flannery finally spoke with Gonzales in mid-January to discuss her teaching schedule for spring. Gonzales told her that he had not given her any classes because he thought she did not want to teach because she "complained so much." Subsequently, Flannery wrote to College President Grace Brown and Vice President Bruce Rose protesting Gonzales decision and procedure. Neither Brown nor Rose responded. Flannery was offered an evening ESL DCE course but did not accept because of other work she had.

Effect of Transfer of Work Faculty members notified MCCC DCE Grievance Coordinator Joe Rizzo of the transfer of the work. Faculty were concerned because as DCE instructors they were not eligible for membership in the day unit until their third consecutive year of teaching in the day division [This has been changed in the new contract; part-time day employees have immediate unit status.]. As a result, these faculty were not covered under either the day or DCE contracts, and some of the affected DCE faculty lost reappointment rights which they had accrued under the DCE contract.

Rizzo contacted the DCE Dean Paul Willenbrock, and he confirmed that the college had transferred the work. On July 26, 1994, the MCCC filed a prohibited practice against the employer, the Higher Education Coordinating Council (HECC). The Massachusetts Labor Relations Commission (MLRC) issued a Complaint of Prohibited Practice alleging that the employer refused to bargain in good faith over the transfer or work, and it discriminated against Molly Flannery for engaging in concerted, protected activities. A full hearing was held December 12, 1995.

Finding of Facts Prior to September, Roxbury offered ESL courses in both the day and DCE divisions, and DCE offered ESL courses during day and in the evening. The college decided that beginning in spring 1994, all DCE ESL courses would be offered only in evenings and on weekends thereby converting all day DCE courses to day. The MLRC wrote, "There are two issues before us...whether the Employer unlawfully transferred daytime ESL courses from the DCE and its bargaining unit to non-unit employees in the day division; and ... whether the Employer unlawfully discriminated against Flannery ... when it failed to offer her a daytime ESL course in the Day division."

Opinion Count I Transfer of Bargaining Unit Work. The MLRC has consistently held the employer must bargain with the union prior to the transfer of unit work. In this case, the MLRC' found that the employer was obligated to bargain over the transfer of this work. In addition, the MLRC found that the transfer of work, "constituted a calculated displacement of shared unit work..." that affected approximately eight faculty members. By not notifying the union about the transfer, the MLRC states that, "This approach negates the purpose behind requiring prior consultation over changes affecting mandatory subjects of bargaining: to enable the union to present arguments to dissuade the employer from taking the proposed action, or to suggest modifications... ."

The decision also states that although Flannery retained reappointment rights under the DCE contract (five courses over three years), other transferred faculty did not and they were adversely affected. Also the MCCC lost numerous unit positions as a result of this transfer. The MLRC found that, "The transfer of daytime ESL courses detrimentally affects the DCE bargaining unit as well as individual employees... ."

Count II Unlawful Retaliation. The MCCC established a prima facie case against the college. The MLRC found that Flannery engaged in concerted, protected activity when she and eight other employees wrote to Gonzales protesting credit limits on part-time day division faculty. The employer argued that it was not obligated to offer a day division course to Flannery, and that Flannery "misunderstood" Gonzales words in the mid-January conversation when he said he thought she did not want to teach. The record, "...belies this interpretation..." because Flannery submitted a request form to Gonzales expressing her interest in teaching in the day division for the spring semester. The decision stated, "Moreover, it is patently clear from Gonzales's words that Flannery's complaints were germane to his decision [not to hire]." It goes on to state that the employers contention that Flannery refused to accept the policy on total course credits, "is simply not credible." The MLRC stated that the employer "...failed to sustain its burden of producing evidence... ."

Conclusion The MLRC found that not only did Roxbury violate the law by unlawfully transferring bargaining work, but that Roxbury unlawfully discriminated against Molly Flannery for engaging in concerted, protected activities.

Roxbury was ordered to cease and desist from:

• interfering with, restraining, and coercing its employees, including Molly Flannery, in any right guaranteed under the Law;
• unilaterally transferring any unit work without bargaining collectively to resolution or impasse;and
• discriminating against Molly Flannery or other employees in regard to hiring, tenure or any other term or condition of employment, in retaliation for participating in concerted, protected activities.

Roxbury was also ordered to:

• restore to the DCE bargaining unit all day- time ESL courses performed by the DCE unit prior to the transfer;
• Upon request, bargain to resolution or impasse over decision to transfer work;
• make whole any DCE employee who suffered a loss of pay or benefits, with interest, as a result of the transfer of work
• immediately offer Molly Flannery a day- time, DCE ESL course
• make Molly Flannery whole for any loss of wages and benefits, with interest; and
• post in conspicuous places for 30 days the conclusion of this prohibited practice charge.

This is one of five cases brought by the MCCC on behalf of unit members who were terminated while engaging in concerted, protected activities. Four complaints have been issued and formal hearings are pending at the MLRC.

Molly Flannery and the four unit members are being represented by MTA Attorney Brian Riley, MTA Consultant Donna Sirutis, and MCCC Grievance officer Dennis Fitzgerald.

Epilogue On September 18, 1996, the Boston Globe reported that Roxbury may face a $2.2 million fine from the federal government for misuse of financial aid grants. An emergency faculty meeting, attended by approximately one half of the membership, was held, and the body voted no confidence in President Brown and called for her resignation. A formal vote by all faculty is scheduled to be taken during the week of September 23. Three trustees have also voiced similar concerns as those of the faculty.

Problems have surfaced over the past couple of years concerning the president's lack of vision and intimidation of staff. According to the Globe article, even among the six trustees who supported Brown, some found her to be autocratic, lacking a clear policy for the college with a relationship with the Board "built upon mistrust."

Though Roxbury has been beset my less than stellar presidents over the years, some progress has been made under Brown. Unfortunately, the "...problems outweigh the advances," according to the Globe. Some specific problems cited were: In last year and one half, 14 senior manages have left or been forced out. According to Trustee Chair Donald Reaves, this is a...poor reflection of [her] ability to manage the college.' According to Trustee Joseph Steinfield, "She [Brown] seems to govern by intimidation." "Many employees are afraid to talk with outsiders--and even trustees.' Former Trustee Michael Murphy (He resigned July 1, 1996) stated in the Globe article that if he,.."approached employees on campus, they would press themselves against the side of a building, out of view of the president's office, before speaking with me."

Richard Eells, Roxbury's director on the MCCC Board, states, "The faculty and professional staff will continue to provide quality education and service to the students and the community. We can survive this latest presidency and move forward."

Classification Committee Update

The Classification Committee met on June 13 and June 27. On June 13, the Committee (both MCCC and the employer) agreed to the following timetable for the completion of the study:

• September 1, 1996 Development and Issuance of a Request for Proposal (RFP). Mark Abrahams was hired to develop RFP.
• October 15, 1996 Return of proposals November 15, 1996 Evaluation of proposals and recommendation to Chancellor
• December 1, 1996 Consultant selected
• May 1, 1997 Consultant submits report
• June 1, 1997 Review and make recommendations (impact bargaining, if necessary)
  N. B. Although the target date for completion is June 1, 1997, any increases are retroactive to January 1, 1997.

On June 27, the Committee agreed to the following:

• As stated in the contract, all full- and part-time unit members (faculty and professional staff) will be part of the study.
• Criteria to be considered in the RFP will include comparisons within the college, system, and within the ten urban states, service (seniority), preparation and credentials, prior experience, and related work, and discipline.
• Age, gender, and race comparisons will be reviewed, but not considered in the study.
• Objectives discussed included appropriate placement on a salary structure, upward mobility, step movement, and application to new hires.

MTA Grant Available

MTA's Professional Development Grants program can reimburse MCCC chapters up to $750 for the costs incurred by their members in the design and implementation of their own professional development programs and projects.

A major goal of the program administered by MTA's Professional Development Council and Division of Professional Development is to assist MTA members in their continuing professional development.

This is a reimbursement program that will reimburse a chapter for expenditures up to $750 following the completion of an approved project.

To apply, a chapter, a unit member, or unit members must complete a proposal that is well written and clearly describes the project, its goals, and budget. Proposals must be signed by the chapter president and can be submitted for one of three reviews to be held during the year:

Examples of Projects:

• Participating in design and implementation of a professional development plan
• Fostering greater use of educational technology within the institution
• Development and implementation of a policy that would enhance the academic environment

• presenter fees, study materials, or supplies necessary to support the project
• Fees and related expenses of participants in the project
• Participant stipends
• Meeting expenses, including light refreshments

• Projects already completed or whose costs have already been paid
• Equipment, materials, or supplies used primarily for student instruction
• Costs related to the pursuit of graduate education
• Personal costs of research, travel, tuition, fees, or related costs of individual educational or professional activities
• Meals, travel, or lodging expenses

For further information or an application, contact the MTA Professional Development Division at 1-800-392-6175.

Know Your DCE Contract

• You earn reappointment rights after teaching five courses over three consecutive fiscal years at the college.
• Two or more courses per year in a work area at the college earns one year seniority. One course in one area and one course in another area in a year provides one year seniority in each work area. After a two year break in service, accrued seniority is lost. Canceled courses do not count toward a break in service.
• Independent of the calculation of seniority rights, you will move from the step one salary to the step two salary upon teaching your sixth class and move to step three upon teaching your eleventh class. Although most new faculty start at the step one salary, they may start higher based on degrees, qualifications, and experience.
• Faculty with reappointment rights will be provided a course interest and availability form.
• A tentative appointment for one course shall be assigned first to those unit members with the most seniority. You should, under normal circumstances, be notified of your tentative assignment five weeks prior to the beginning of classes.
• You should be given a contract indicating the course(s) and the salary for each course.
• Turn in your course syllabus within one week of the beginning of classes. This should include the items appearing on the course material checklist contained in the collective bargaining agreement. Note, however, that faculty enjoy academic freedom which provides for professional latitude in fulfilling your contractual obligations.
• You have the right to choose your textbook(s). The only exception is when it is a departmental selection and you should be given an opportunity to participate in the decision-making process.
• Student evaluations are to be conducted during the second or third to-the-last-week of the class.

If you have questions concerning the DCE contract, contact your grievance office or MCCC DCE Coordinator Joe Rizzo at 1- 603-898-6309.

MCCC Annual Plan

Click here to go to the article on the MCCC Annual Plan.

Upcoming Conferences

Occupational/Vocational Education Conference October 10, Holiday Inn Crowne Plaza, Natick.

This conference was postponed last April because of a snow storm, and anyone who had registered last year will be able to attend free of charge this year.

The theme of conference is Where We Go From Here, and it will address various issues of interest to all educators, but particularly for those in Occ. Ed./Voc. Ed., Business, Family and Consumer Science Education, Guidance, Placement, School to Work, and Tech-Prep professionals. Following registration and refreshments, the conference will offer three concurrent workshops, dinner, and a moderated panel conversation.

The conference cost is $20 and begins at 5 p.m. Participants can earn 2 Professional Development Points toward recertification.

Fall, 96 Professional Development Conference November 1, 1996, at the Best Western Royal Plaza, Marlborough.

This all-day conference will begin with registration at 8 a.m. and at 9 a.m. Ed Asner, actor and former National President of the Screen Actors Guild will be the keynote speaker. Eight workshops in the morning and seven in the afternoon will cover topics such as Censorship: A Limit on Learning; Current Issues for Computer Using Educators; A Home (Page) of Your Own; and Understanding and Bridging the Generation Gap.

The cost of $30 covers materials and lunch. The conference ends at 3:30. Call MTA Professional Development Division for registration form.

Educational Needs Update

As reported in the August issue of the MCCC Newsletter , the spending plans that were due to the Budget Bureau on September 15, 1996, have been submitted. The MCCC is keeping abreast of this money, and within the next few weeks, there should be a definite answer as to when the money will move to the campuses and the process of receiving reimbursement will begin.

Know Your Contract

Oct. 1	Sick Leave Bank Open
Oct. 1	Tenure Eligibility List Distributed
Oct. 4	Course Materials Evaluated (E-2)
Oct. 6	New full- and part-time list due MCCC
Oct. 15	Full-time seniority list due chapter
Oct. 15	Letters of reappointment due for employees with four or more years seniority

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.

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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