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Meline Kasparian, MTA President, Remembered

Though Meline did not finish her first term as MTA President, she left a legacy of a lifetime of commitment to public education. She was as comfortable on the floor playing with preschoolers as she was in a graduate course. She was at ease with all the diverse groups under the umbrella of the MTA. Her perception of the impact of political forces on our organization was invaluable to us. Her strong ties to the University of Massachusetts/Amherst made her the perfect MTA advocate for us in public higher education. There was no learning curve about our legislative needs and no need to explain workload, prep time, or line-item budgeting. Her instincts were exceptional, and she never backed away from controversial issues or people.

We weep for our loss but give thanks for the time she spent with us.

The MCCC Board voted to donate $500 to the Meline Kasparian Scholarship. A memorial program will be held on Sunday, September 14, 1997, at the University of Massachusetts. Details will be sent to chapter presidents.

Classification Study Money in Deficiency Budget

At one point this summer, it appeared that the legislature was not even going to convene a Conference Committee to deal with the deficiency (supplemental) budget, In June there were three supplemental budgets floating around, each with money for higher education and for the MCCC Classification Study. At the end of July, all of these budgets were combined into one large supplemental. Though internal legislative problems abounded, a Conference Committee was finally appointed, and a deficiency budget was sent to Acting Governor Cellucci for his signature.

The Board of Higher Education and Coopers and Lybrand, the company doing the classification study, can now finalize a contract. The MCCC Classification Committee will then meet with Coopers and Lybrand to review the process for beginning this study. Because of the delay in the funding, the study is now behind schedule. Anytime an organization is dependent upon the legislature, there are inevitable problems that delay the process. The first item that needs to be accomplished is the questionnaire and that will be done this semester. At least all unit members affected will be on campus unlike the original schedule of the summer that was bound to create problems.

Once Coopers and Lybrand has finalized its timetable, all affected unit members will be notified of the process and time frame for each component.

Other higher education monies in the supplemental were:

• $124,749 for Health and Welfare deficiencies. Unfortunately, however the $263,000 promised to higher education at the bargaining tables is conspicuously absent from the budget
• $10 million for deferred maintenance
• $10 million for technology projects
• $14 million for Endowment Incentive Program (matching fundraising)

The legislature this year again, increased our appropriations over the governor's recommendations. The increases are shown on the table.

When you see your legislators, thank them for their support of public higher education.

MLRC Complaint

Colleges Change Salary Proration

The current DCE contract went into effect at the end of the 1996 spring semester and provided for substantial salary increases. Just as the new agreement was to be implemented, Berkshire, Bunker Hill, Mass. Bay, and No. Shore Community Colleges enacted changes in the policies regarding the standards used in determining under enrolled classes. These policy changes also included a different means of calculating faculty salaries for teaching courses on a per capita basis.

The MCCC filed a complaint with the Massachusetts Labor Relations Commission (MLRC) alleging bad faith bargaining. The MLRC has issued a complaint against the employer.

This unilateral change to the formula used to calculate prorated salaries may be a violation of state labor law. What the colleges have done, in effect is nullify or reduce the negotiated salary increases contained in the contract for faculty teaching smaller classes. Though the particulars vary from one college to another an example would be an individual who taught a course with ten students prior to the execution of the new contract received full pay. In the first six month salaries were increased eight percent. Just after implementation of the new agreement a college changed its definition of "adequate" enrollment from 10 to 12, and, in turn, prorated the instructor of a class with ten students to 5/6ths of the new salary. The pay for the class of ten students is now less than the salary paid for teaching the ten students under the old pay scale.

A hearing is scheduled for October.

MTA Public Relations Grants Available

The goal of the MTA Public Relations Grant program is to assist locals financially in publicizing the success of public education, students, and MTA members The program is also designed to expand public awareness of and support for public education, and to enhance the image of an members in education.

This is a Two Tier program with primary consideration given to Tier One.

Tier One projects are those that demonstrably underscore and communicate the success of public education.

Tier Two projects are those that may previously have qualified for a PR grant but which do not directly achieve the objective of promoting the success of public education.

Any chapter may participate, but all projects must have the approval of the chapter leadership, and all grants must be signed by the chapter president.

The formula is a "cost-shared" basis. Once a project is completed, and a proof of expenditures is received by the MTA Division of Communications, reimbursement of 50% of costs, up to a maximum of $500 for ANY ONE PROJECT with a limit of $1,000 per chapter regardless of number of projects submitted will be awarded.

Grants are awarded on a first-come, first-served basis.

The criteria for approval.

• Significant numbers of people "External Audiences" must effectively be reached.
• The name or names of sponsoring MTA local affiliates must be permanently affixed on all written or promotional materials, products, or clearly visible.

Application deadline is February 1, 1998. To receive an application, call or write: MTA Communications Council c/o Betty-Jo Peterson, 20 Ashburton Place, Boston, MA 02108 (1-800-392-6175).

U.S. Budget Helps Community Colleges

The final agreement of the Balanced Budget Act of 1997 includes expanded opportunities in education. Some of the highlights of the act include

• Scholarships of 100% on first $1,000 of tuition and fees and 50% on second $1000 for grades 13 and 14. For years 15 and 16, 20% of $5000 of tuition.
• Tuition tax credit for juniors, seniors, graduate students, and people upgrading their skills. A 20% credit is applied to first $5,000 of tuition and fees through 2002, and the first $10,000 thereafter.
• Penalty free IRA withdrawals for undergraduate, post secondary vocational and graduate education expenses.
• Extends for three years Section 127 of tax code which allows workers to exclude $5,250 of employer-provided undergraduate education from taxable income.
• Allows $2500 per year deduction of interest on educational loans even if taxpayer does not itemize.
• Reinstates home office business deduction

The one component that did not pass was the tax exemption status of TIAA- CREF. It now has to pay taxes on its income which TIAA-CREF estimates will cost the organization about one half of one percent of TIAA's assets each year.

Riley Elected to NEA Board Rosemary Riley, president of the 1200 member University Staff Association (USA) at the University of Massachusetts, Amherst, was elected to an ESP (Educational Support Personnel) seat on the NEA Board of Directors. When Riley went to the NEA Representative Assembly (RA) in Atlanta in June, she had no inkling that she would be drafted, but she quickly assembled a campaign. Some colleagues from the USA delegation, graduates of MTA's Emerging Leaders Program, all of a sudden found themselves in the middle of a national campaign. With a broad base of support from the Massachusetts delegation and other ESP members from other states, Riley began going from hotel to hotel to speak to state delegations about her candidacy. Flyers were printed for distribution to the delegates, posters were hung in hotels, and endorsements were sought from various states and special interest caucuses. Six days later, the election took place, and with nearly 8,000 votes cast, Riley won by 127 votes. Riley has worked at U. Mass for twenty years. She presently works in the Auxiliary Services Offices. A graduate of Greenfield Community College and Mount Holyoke College, Riley will complete her masters in Public Administration this fall at U. Mass. Massachusetts is entitled to four directors to the NEA Board. However, in addition to Riley, Kay Roberts, a Massachusetts retired teacher, was elected retiree representative. This brings Massachusetts' NEA Directors to six, four elected statewide, and two elected nationally.

Not Posting a Vacancy a Violation

In September 1991 Bunker Hill Community College commenced a grant funded LPN to RN Nursing Program, evening option, in Chelsea. The program was designed exclusively for LPNs.

In January 1992 Joanne Dupuis (the Grievant) was hired as an Assistant Professor in the Nursing Education Department and was assigned to this program. Four months earlier, the college had hired another instructor in this program as well. Though the Notice of Vacancy for Dupuis' job stated her position was a tenure rack one, her initial letter of appointment and subsequent letters of reappointment up to the period of September 1,1992-May 31, 1993, indicated that she was being paid from "grant/trust" funds. Contractually, unit members paid from grant and trust funds are not entitled to the benefits or rights in Article XI (Appointment) or Article XIX (Retrenchment) except as stated in Article 11.0l, paragraph 3.

In the spring of 1992, according to the college's Vice President of Human Resources, Mon O'Shea the LPN to RN Program would not be grant funded after December 1992. Since the college still had obligations to the students, the college decided to fund the program and Dupuis' appointment letter was revised from December 1992 to May 1993.

The college then decided to institute a new evening nursing program in the fall of 1993 geared toward the generic student. On May 3,1993, Dupuis sought '..to apply for the full time evening coordinator's position...' but was told by the Human Resources Department that it did not have the necessary paperwork. In addition Dupuis testified that she did not learn until May 29, 1993, that she would not be working at the college in September. The faculty member hired four months prior to Dupuis in the same program was reappointed and reassigned to the new program. No vacancy notice was posted.

Shea stated that there no was posting because there was not a vacant position; the other unit member was "assigned" to the new program as an instructor not as a coordinator.

The MCCC argued that Dupuis was on state appropriated funds and entitled to a notice of reappointment by February 1993. Also, she had the right to apply for a position that should have been posted, and, as the better qualified candidate, should have been appointed to that position.

Though the arbitrator did not find that Dupuis was on state appropriated funds and therefore entitled to a nonreappointment letter, he did find that the college violated the contract by failing to post a notice of vacancy for the instructor position in the new evening Nursing Education Program. The college has been directed to declare that position vacant and post and fill it pursuant to Article XVI (Vacancies).

Distance Education Report Issued

This past year a Labor Management Committee on Distance Education was established and charged with identifying issues around "distance education" that should be addressed in contract negotiations. Since "distance education" is such a broad-based term, the Committee agreed that for purposes of the committee work, it would define distance education as, "instruction, education, and training conducted at sites separated by space or time, which may utilize technology to facilitate learning."

The report states that, "Distance education requires fundamental changes in the methods employed by faculty, staff, administrators and students, and in the concepts of time and place." These changes will impact student/faculty relationships, necessary technical support, workload, evaluation, intellectual property rights, unit status, and compensation.

The report is available from your MCCC Director and will now be used as a basis for negotiations. The MCCC Board voted on August 22, 1997, that the Distance Learning Negotiating Team will consist of two people from the day and DCE Negotiating Teams respectively, the two MTA consultants, and, as chair, the MCCC Vice President Phil Mahler.

The MCCC members on the Distance Education Committee were: Joe Rizzo, MCCC/DCE Grievance Office, No. Essex; Dennis Fitzgerald, MCCC/Day Grievance Office, Massasoit; James Bradley, No. Essex; Wil Roberts, Greenfield; Charles Shairs, Bunker Hill; Tim Trask, Massasoit, and Vincent Yacovone, Springfield. MTA Consultant Michelle Gallagher and Dan Donahue were also on the committee.

Nota Bene

Over the next several weeks, the MCCC will be contacting the part time professional staff. It has taken considerable time for the MCCC to identify these unit members. Since there will be members not on MCCC's list, anyone who believes he or she should be a unit member should contact their chapter president or treasurer.

Know Your Contract

Aug. 31	Dean's leave of absence recommendations due
Aug. 31	Sabbatical recommendations due to Board of Trustees
Sept. 2	Earliest classes can begin
Sept. 2	Office hours submitted
Sept. 5	Office hours posted
Sept. 5	Full-time schedule changes due to chapter president
Sept. 12	Course materials due
Sept. 15	College notifies members of sick day accumulation

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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