In This Issue:

• Rocky Road to 3% Raise
• Classification Study Moves Slowly
• 1998 Delegate Assembly - September 28
• Committees Deadline Extended
• Proposed Bylaw Changes
• Editorial
• MLRC Issues Complaint
• Know Your DCE Contract
• Know Your Contract

Rocky Road to 3% Raise

written by Cathy Boudreau

On Wednesday, August 26, 1998, the MCCC was notified by the Board of Higher Education (BHE) that the three percent raise due in July 1998 was just on its way to the governor. flow could that be, you might wonder, since the membership ratified a one year contract extension with this raise in February, 1998.

Last week all members should have received a mailing from MCCC President Susan Dole with the chronology of events over the summer concerning the three percent raise along with a classification updat.

When the MCCC had agreed to extend the contract for one year and was ready to bring the discussions to closure, the issue of electronic banking surfaced. With the agreement of BHE Chair James Carlin and Administration and Finance (A&F) Secretary Charlie Baker, this issue was incorporated into the list of discussion items. The extension was subsequently ratified by the membership.

The BHE then had 30 days to submit a funding request for the three percent. Instead, the BHE tried to incorporate the monies into the Fiscal 1999 budget. Through the budget process this year, the legislative decided that contract funding would go through a reserve account. As a result, at the beginning of June, the BHE realized that it had to submit a specific request for supplemental funding. It immediately filed a request on June 11, 1998. MCCC President Susan Dole was assured that there were no problems, but the money would not make the July payroll.

Upon returning from the NEA Representative Assembly, the MCCC Negotiating Team members learned that the funding request, in fact, had not moved and that A&F would not submit the request until the MCCC had agreed to electronic banking language. All unions that had settled contracts had this language, and any negotiations in progress would have to settle this issue. Since the MCCC's request for funding never left A&F, the governor never signed the bill resulting in a "pocket veto."

On July 30 the MCCC met with MTA Attorney Ira Fader to discuss its legal options and on July 31 met with Chancellor Koplik to inform him of this serious problem. Koplik, just returning from vacation and learning of this problem on the 31st, said he would contact Carlin and try to resolve it. Koplik subsequently notified MCCC President Susan Dole and told her that both Carlin and Baker acknowledged that the misunderstanding was between them and not with the MCCC. It was agreed that the MCCC would meet on August 18 to try and resolve this issue.

After the August 18 meeting, the MCCC put together a proposal and delivered it to Koplik. The changes to A&F's language were too dramatic, and it was rejected. The MCCC Team then discussed counter language, and on August 25 presented it to Koplik. He notified the MCCC on August 26 that the language had been accepted.

The request for the three percent should be on its way to the governor and the legislature and should pass without incident. The BHE assures the MCCC that the November paychecks will reflect the increase together with the retroactive monies from July.

Classification Study Moves Slowly

written by Cathy Boudreau

David P. Griffiths and Associates (DMG) has requested three extensions past their deadline of July 31 - one to August 31, one to September 30, and now one to October 16.

Slowdowns have occurred in two major or areas - software and the collection and verification of data. The software problem appears to have been rectified. The collection and verification of data has been slower and more difficult than expected. The data falls into two categories. DMG must collect state and individual community college salary data from the ten designated "similarly situated" comparison states (e.g. New Jersey, New York, Illinois, California, etc.) for the study, and this information must be sufficient enough to make the study valid. The salary information must cover both faculty and professional staff. In addition, DMG must collect information relative to responsibilities of professional staff members and that data is much more difficult to collect and evaluate.

The other data comes from the members' questionnaires, and all that information needs to be verified as well. Once the data was entered into the computer, it had to be verified again. The data collection of MCCC unit members is nearly finished, but there remains some incomplete questionnaires. Robert Marsh, a retired professor from Framingham State College, has been hired by the BHE to help with the collection and organization of the data. He is reviewing each member's questionnaire with the data sheet generated by DMG prior to this information being mailed to the members for their verification.

DMG anticipates that data sheets and questionnaires will be mailed to faculty during the week of September 21. Members will be asked to verify that the data from their questionnaires appears accurately on the DMG data sheet. Each unit member must return the data sheet to the college's Human Resources Office, and it will forward the information to the BHE. It will be critically important that all members return their verification sheet immediately. Delays at this end will create more delays at the other end.

Once all the information has been verified, the study should be complete. Presently the MCCC does not know how the information will be compiled and presented. DMG has said that there will be two parts to the study-the statistical analysis component and the narrative of how the study was done and the data collected.

Once the MCCC receives the report, it has 45 days to bargain over the recommendations. Since this study incorporates two years of retroactivity, the total cost is speculative until the MCCC knows definitively where the BHE is going to recommend we be placed vis-a-vis the comparable states.

Since the legislature is out of session until January, the MCCC does not anticipate any request for funding until the new session begins in 1999. What will be necessary this semester, however, is political action plans to be formalized at the statewide and chapter levels. Once the MCCC receives the final report, every unit members will need to be engaged to work collectively With Our presidents, trustees, and legislators to move the funding of this classification Study through the legislature.

1998 Delegate Assembly September 28

As attentive members know well, the April 1998 Delegate Assembly, the annual meeting of the MCCC did not draw the quorum necessary to effect changes in bylaws, or approve the annual budget. This is probably attributable to the scheduling of the meeting on a three-day holiday weekend, a mistake that will likely not occur again soon!

It is critical that local leaderships produce their respective numbers of representatives for the "continuation" meeting slated for Monday, September 28 at 4:30 at the Ramada Inn, Auburn MA. MCCC Vice President Phil Mahler placed directions to the Ramada Inn, and a map, on the MCCC website: http://www.tiac.net/users/mccc. These are readily printed. Local leaders will be sent hard copies for reprinting and distribution to delegates.

Local leaders will also be urged early and frequently to form their local delegations. Recruitment of excessive numbers of delegates is urged to assure a quorum at this gathering.

The Board is supporting four changes in by-laws, recommended by the recent Operational Audit, and a $20 increase in the annual dues. Details in the by-law changes were printed in the April, 1998 MCCC newsletter.

A sumptuous supper will be served attendees. The food at the Ramada is very reputable with culinary critics among statewide leaders.

MCCC Committees Deadline Extended

Many openings remain on the thirty or so MCCC committees listed in detail on page two of the June issue of the newsletter. Staffing the Day and DCE Negotiating Committees are highest priority. Local leadership will be soliciting members activity coming weeks. Remember, the MCCC is your professional organization.

Summary of Proposed Bylaw Changes

The following bylaws were recommended by the Bylaws and Standing Rules Committee and voted on by the Board. These proposed bylaw changes evolved from the Organizational Review Audit Committee recommendations. Since some of the bylaw language is lengthy, what appears is an overview of the intent of the changes,

1. The maintenance of the statewide membership list for the Division of Continuing Education was removed from the list of the secretary's responsibilities.
   (Recommends: Committee 3-0; Board 12-0-0)
   
2. This amendment would remove a clerical function from the duties of a treasurer-, establish the treasurer as the ex officio, non-voting chair of the Finance Committee, and eliminate bonding of the treasurer. Presently: Too much clerical work is being done by the treasurer and the treasurer is presently the chair and a voting member of the Finance Committee.
   (Recommends: Committee 3-0; Board 12-2-0)
   
3. Significant changes to the Finance Committee, a standing committee under MCCC Bylaws, This proposed bylaw would establish a revised approach to budgeting within the MCCC, It clarifies and expands the responsibilities of the Finance Committee in the areas of fiscal affairs, financial policies, and capital assets.
   (Recommends: Committee 3-0; Board 13-0-0)
   
4. This proposed bylaw would establish a Personnel Committee as a standing committee incorporated into the MCCC bylaws. The responsibility of this committee will be to develop and review job descriptions and annual performance evaluations for coordinators and other employees, review rates of compensation of officers, coordinators, and other employees, and develop, maintain, and recommend revisions in the personnel policies of the MCCC.
   (Recommends: Committee 3-0; Board 14- 0-0).

MLRC Issues DCE Complaint
Against Northern Essex

The MCCC filed an unfair labor practice charge with the Massachusetts Labor Relations Commission concerning the unilateral implementation of a program that, on its surface, appears to be a well intentioned faculty development program. Unfortunately, this action could have a pervasively negative impact on all community college faculty in the state.

During the fall of 1997, the college solicited Instructional Technology Teaching and Learning mini grant applications from full and part time faculty. According to the grant announcement, faculty would be compensated for completing projects such as creating multimedia/web pages or commercial software. The grant awards vary between $700 - $ 1,000.

Although this action may appear progressive, The MLRC has issued an unfair labor practice against the Board of Higher Education because the college has:

• set wages and working conditions unilaterally.
  
• failed to notify the MCCC of a plan that would impact the collective bargaining agreement.
  
• denied the MCCC the opportunity to bargain for its members.

Some would argue that this is simply a technical oversight but the faculty applicants are nonetheless treated in a most magnanimous manner. Although any position can be argued, consider the following points.

Regarding the grant activities, there is no direct connection with time and money. The applicant may work many hours for only nominal compensation. One might say that it is worth the effort, as it will serve to enhance the effectiveness of one's course materials. This may be true but the problem is that it will no longer be the property of its creator. The college required the applicant to surrender all property rights to the college relative to the grant sponsored work product. The college also would only consider royalty agreements of mutual benefit in the event that the work is published.

This language, along with the small additional college payment, would seal out faculty ownership claims. When a faculty member writes a book while on sabbatical leave, who owns it? It is true that extraordinary assistance from the college raises the college's claim to the work, but it is a complex subject. However, the Northern Essex mini grant scheme would have applicants effectively sign away their intellectual property rights by accepting the non-negotiable conditions.

If the mini grants went unchallenged, a syllabus or other course materials that was part of the web page may no longer be the property of its author. The college would own a multimedia presentation that was produced by a faculty member and would only be obliged to "entertain" royalty agreements if the product was to be published.

NEA higher education affiliates in Hawaii and California has incorporated model agreements from the entertainment industry to protect the interest of technologically creative faculty. An examination of several similar technological endeavors in the state's higher education system reveals far different arrangements than are found at Northern Essex. The University of Massachusetts commonly acknowledges the property rights of faculty while holding use rights over the course materials. At Cape Cod Community College, the college negotiated an agreement that protected the intellectual property rights of telecourse faculty while still giving the college rights to use the material.

A formal hearing is scheduled before an administrative law judge at the MLRC on January 15, 1999.

Know Your DCE Contract

Reappointment Rights You earn reappointment rights after teaching five courses over three consecutive fiscal years at the college. Faculty with reappointment rights will be provided a course interest and availability form. Seniority 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. Loss of accrued seniority results after a two year break in service. Canceled courses do not count toward a break in service. Unit members may request a leave of absence. This leave will not count as a break in service. There are no contractually based time limit on the leave. Salary 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. New faculty start at the step one salary, but may start higher based on degrees, qualifications and experience. *Effective Fall 1998 Semester: Step 1 - $655 per credit Step 2 - $708 per credit Step 3 - $761 per credit Lab component to be paid at the rate of 1.5:1 (lab hour: per credit salary) ratio. 3.5% salary increase for DCE faculty who are paid at an hourly rate.

Notice A tentative appointment for one course shall be assigned first to those unit members with the longest seniority. You should, under normal circumstances, be notified of your tentative assignment five weeks prior to the beginning of classes. At that time, the college should provide you with an MCCC packet. If you need a copy of the collective bargaining agreement, check the appropriate box contained in the union materials provided when you were given your tentative assignment. Return it the MCCC Treasurer with the other documents. You should be given a contract indicating the course(s) and salary to which you have been assigned. Courses Material 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 text book(s). The only exception is when it is a departmental selection and you are given an opportunity to participate in the decision making process. Evaluation Student evaluations are to be conducted during the second or third to the last week of class. A classroom observation must be conducted on faculty who have not yet the threshold to attain reappointment rights. A classroom observation may be conducted on other faculty for stated written reasons that are consistent with the purposes of evaluation as articulated in the contract. DCE Instructors will enjoy a 3.5 % pay increase, product of the last contract resolution during Fall, 1998 semester.

If you have any questions on the DCE contract, call DCE Grievance Coordinator Joe Rizzo at 603-898- 6309.

---

Know Your Contract

Aug. 31	College President Forwards Spring 1999 sabbatical recommendations to Trustees
Sept. 1	Notification to college of local board members
Sept. 7	Labor Day
Sept. 15	Furnish employer list of local officers and course reductions
Sept. 15	Unit members receive notice of accumulated sick days
Oct. 1	Tenure eligibility list distributed
Oct. 1	Sick leave bank open

Course materials (Form XIII-E2) for Fall 1998 must be distributed to students and submitted to supervisor before end of drop-add period.

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.