In This Issue:

MLRC Sanctions Distance Ed Agreement Complete Classification Report Deadline Extended Three Percent Raise in Political Hole Ryckebusch Lounge Dedicated Political Campaigns Delegate Assembly Student Orientation Innovation Local Newsletter Editors

Editorial Report Your Blue Cross Dental Concerns Looking for a Job Know Your Contract

Local Presidents to

A sure way of inducing narcolepsy in the average rank-and-file member is to subject them to a discourse on the latest MCCC action pending at the Massachusetts Labor Commission. Yet, these adjudications have the potential to redefine members' rights in their professions as significantly as Supreme Court decisions effect their rights as citizens. A recent MLRC decision puts the MCCC on new footing in leveraging Labor Commission enforcement of Public Law 150e mandated collective bargaining practices.

On August 24, after three years of tenacious litigation, the MCCC won (another) bad faith bargaining decision against the employer from the Massachusetts Labor Relations Commission on four counts representing about 25 documented incidents in a three year period. "The Labor Relations Commission has ruled that the Higher Education Coordinating Council (now State Board of Higher Education) has violated sections 10(a)(5) and (1) of the Massachusetts General Laws by failing to provide the Union with information that is relevant and reasonably necessary to its role as exclusive bargaining representative, by repudiating settled agreements reached with the Union, by failing to reduce to writing settlement agreements with the Union, and failing to execute settlement agreements with the Union."*

In light of the "long term, pervasive refusal to bargain in good faith by refusing to provide information, or by failing to provide information in a timely manner" the MLRC imposed an "extraordinary" remedy. The president or human resource director of each college must sign the Notice to Employees to be posted conspicuously. In numerous past decisions, the commission merely required an order to cease and desist, or more recently, generic postings in areas where unit members congregate.

In the Findings of Fact the decision cites six pages of incidents where colleges either ignored or were unreasonably dilatory in producing clearly delimited information requested by then chief negotiator Dennis Fitzgerald. Some delays are measured in years, with information provided only days before arbitration commenced The most terse language is in the Opinion section where the commission reminds the Employer that unreasonable delay in providing relevant information ... contravenes an employer's duty to bargain". In response to the Employer's contention that the information had not hindered the Union, the commission said "it would be farcical for us to excuse the Employer's unlawful conduct merely because the Union was forced to proceed without the information illegally withheld."

In Opinion, the commission cites eight previous cases resolved between 1994-1997 where HECC had failed to provide information relevant and reasonably necessary for the Union to fulfill its collective bargaining obligations.

MCCC Day Grievance Coordinator Dennis Fitzgerald filed and fastidiously pursued these charges over the three year process. According to Dennis, "by acknowledging the persisting pattern of these offenses by the employer cited in the decision, the MLRC commits itself to enforcement in the future, and relieves the MCCC from repeating this formal process. Rather than adjudicate future claims, we can simply ask the Commission for enforcement under #SUP 4225. If the MLRC orders the employer to comply in these matters in the future, and the employer does not, we can seek enforcement through the Massachusetts Court of Appeals. Continued lack of enforcement would constitute contempt of the court. The Commission would be strongly motivated to avoid that contingency.

Because the language of the decision is broad enough to encompass all future violations, the decision moves the MCCC to a new legal plateau. A plateau with better footing in securing information crucial to the collective bargaining process.

MTA legal consultant Ira Fader represented the MCCC in the matter investing hundreds of hours in achieving the decision. Fader commented, "What leaps out at me is the order for the college presidents or personnel officers to sign the decision. This is a first time remedy in labor relations. It helps to level the playing field made uneven by Public Law 150E." He termed the law itself "awful", explaining its structure makes enforcement difficult if not impossible.

Local Chapter Presidents are strongly requested to monitor the sanctions imposed in this decision. 1. Monitor that the decision is posted the full 30 days. 2. Make note that the decision has the actual signature of the President or Personnel Officer of each college, and a representative of the Board Higher Education. 3. Be sure that the notice is posted in "conspicuous locations" (more than one) "where employees congregate."

* All unattributed parentheses indicate text from Massachusetts Labor Relations Commission case #SUP-4225, issued August 24, 1998.

Distance Ed Agreement Complete

Monday, September 28th the long awaited Distance Education Agreement was signed by MCCC representatives. Previously signed by representatives of the employer, President Scibelli of Springfield Tech CC and Cynthia Denehy Attorney for the BHE, the agreement establishes guidelines for compensation, conditions of employment, and ownership of materials produced for innovative distance ed. teaching presentations.

Statewide VP Phil Mahler, Rick Doud, Timothy Trask, Will Roberts and Vincent Yacavone, James Bradley, Charles Shairs, and DCE Grievance Coordinators Dennis Fitzgerald and Joe Rizzo, and MTA Consultant

ants Michelle Gallagher and Dan Donahue, all served on the MCCC committee that studied, then bargained the agreement.

The agreement has been distributed to local chapter presidents. A brochure detailing and summarizing the elements of the agreement is in the works. Parties who may be currently engaged in distance ed activity, and who have particular questions, may contact Joseph Rizzo, and a developer of the agreement, for further information, at e-mail m3c-dce@msn.com, or 898-630-9603.

A more complete discussion of the agreement will be featured in next month's newsletter.

Classification Report Deadline Extended

written by Cathy Boudreau

For the fourth (and probably not the last) time, the final classification report from DMG has been extended.

During the second and third week of October, all faculty and professional staff will receive a form that should represent the information they put on their questionnaires (faculty, "M002", professional staff "CPQ"). The MCCC and the Board of Higher Education (BHE) have notified each chapter coordinator for the classification study about what needs to be accomplished. The chapter coordinator and a few volunteers, working with their Human Resource Offices, will be responsible for the distribution and collection of these verification sheets. Once the colleges' Human Resource Offices have received them, they will forward the verified information to the BHE that will in turn forward it on to DMG.

Each unit member will receive a copy of his or her completed questionnaire. The common information for faculty and staff is their college seniority, degrees, and experience. For professional staff, a copy of their new job description will be added. Three individuals (two from DMG and one from the BHE), independent of each other, reviewed every piece of data put into the computer. This does not mean an error-free report, but there should be few mistakes.

This is the last component of the study. The BHE has not told the MCCC where it proposes to place us within the top ten states. Chancellor Koplik has stated that his "floor" for placement is at the 75th percentile. When the report is received, the MCCC and the BHE will bargain for 45 days (or longer, if necessary) on the impact of the recommendations. During the days of bargaining, the report will probably be embargoed.

Though the end is in sight for the completion of the study, certainly the bigger issue will be the funding, including the retroactive money. The MCCC has begun working on a political action plan that will be necessary to implement in the spring when the legislature is back in session and all components of the study have been completed.

Three Percent Raise in Political Hole

written by Cathy Boudreau

The three percent raise due to community college faculty and staff seems to have found itself in a political hole. The bill, still in the House Ways and Means, appears to be mired in the mud of politics and elections. Is there any controversy with this bill? No! Is there any reason for this bill not to fly through the legislature? Not that anyone knows of! Then what is the problem?

It appears that the "democratic" leadership of the House, for some inexplicable reason, is ignoring this long, overdue-for-funding bill. As a result, the MCCC has instituted a political action plan requesting that the members call the speaker of the house, Tom Finneran and the president of the senate, Tom Birmingham, along with the other members of the House Ways and Means, and request that they move this bill. All unit members should have received a list of names, addresses, and phone numbers of legislators to call. Calls should be made immediately from a place other than the college.

MTA lobbyists have spoken with House leadership staff as well, and MTA Executive Director Ed Sullivan has met with the Speaker. All parties are attempting to move our funding through; it now needs an escalated effort.

Local Newsletter Editors Reminder. Send 25 copies of your local publication, produced at least twice semesterly, to the BOD meetings, and be certain Peter Flynn gets one copy to assure your chapter receives its stipend each semester. If anyone is interested in contributing to the MCCC Newsletter in the form of occasional writing or editorial assistance, please contact Peter Flynn at pflynn@seacoast.com.

Report Your Blue Cross Dental Concerns Anyone having a complaint or concern about the Blue Cross Dental plan and coverage should direct his or her comments to Abe Sherf FAX or phone: 617-631-2624. He is the community college representative on the Health and Welfare Trust Fund. Please speak slowly and clearly when leaving your name and number.

Looking For a Job Just go to the MCCC Web site at www.tiac.net/users/mccc and click on Job Vacancies in Massachusetts Community Colleges. Any unit members who would like a copy fo the vacancies faxed to them, they can send a request along with the college where they teach to the Communications Coordinator. Fax 617-236-0448.

Ryckebusch Lounge Dedicated at BCC

Dedication of Ryckebusch Faculty Lounge at BCC September 3rd 1998.
Margaret Ryckebusch left - President Eileen Farley

On September 3rd, 1998, Bristol Community College in Fall River honored recently retired professor Margaret Ryckebusch by giving her name to the faculty lounge. Her portrait and an inscribed plaque were installed on the wall of the Margaret Ryckebusch Faculty/Staff Lounge to memorialize her contributions to higher education and BCC.

Margaret served BCC for 30 years, first as an English professor, and later specializing in public speaking and speech arts. She retired in May, 1998.

In 1985 she was the first recipient of the Jon Butler Memorial Award recognizing " the chapter president whose leadership, acts, or support have made significant impact on MCCC unit members." She served many years on the MCCC Board and Executive Committee.

Margaret (with able assistance from Dennis Fitzgerald) struggled to maintain the room's faculty lounge status in the face of several BCC administrative attempts to designate the room to other functions. Margaret was a regular MCCC delegate to MTA and NEA annual meetings. She campaigned ardently to secure health and other benefits for part time unit members.

Phil Mahler representing MCCC at the dedication with Joe Rizzo, comments: "She was the heart and voice for solidarity for the Board of Directors; one of the few voices always ready to donate to another union or other good cause".

We love you Margaret.

Political Campaigns

contributed by Phil Mahler

Members who are willing should participate in their local campaigns for state legislators. There are two reasons for this.

• Elect friends in the legislature.
• Make a friend of a legislator.
• We will need friends when we need to fund the Classification study.

Members need to make their own choices about who they support, perhaps based on local feedback. The important thing is to be known to your legislator, and to know your legislator.

Delegate Assembly Attracts Quorum

The September 28th continuation of the annual MCCC Delegate Assembly, held at the Ramada, Auburn had a turnout of 126 . All four amendments to the bylaws (summarized in last month's bulletin) recommended by last years operational audit were passed.

A motion from the floor altered the finance committee's proposed dues increase of $20 per annum to $40, as recommended by the Operational Audit. Heated debate among the delegates ensued. The motion carried. The apparent rationale was to more rapidly achieve a balanced budget. A suggestion was made that the success of the Classification effort and critical imminent negotiations depended on a healthy operating budget. To the surprise of most of the assembled, the new budget was passed with the $40 dues increase by a margin of 59-52.

Student Orientation Innovation

Working in higher education is a lifelong commitment of processing the lessons of the classroom. After more than 25 years of teaching study and college orientation skills, communication, and writing as well as directing learning centers in both two and four year colleges, Sharyn Lowenstein conceived of a new format for a college study skills text. "I wanted to write an academic book that would engage the reader with humor as well as with information," she noted. "I thought that working with a combination of text and cartoons would be more effective in capturing our students' attention than more conventional formats often allow." With cartoonist Peaco Todd, Sharyn created the study skills/college orientation text Frame by Frame: A Visual Guide to College Success, published by Prentice Hall this past July (1998). The text, in full color, features a cast of 6 diverse characters and widely divergent learning styles. The characters, including a study skills angel and a talking computer, experience all the joys and tribulations of college

students. Sharyn muses, "I've noticed that many students learn well with role models. The cartoon characters serve as such even when they misinterpret advice. Since the characters appear throughout the text, they serve as mini-case studies of how to get the most out of college." With the cartoons as well as short paragraphs, bulleted information, sidebars, and hot tips, Frame by Frame is designed as a quick read. Says Sharyn, "Unfortunately, we all know too many students who aren't reading their texts. The idea behind this one is to appeal to students' social sensitivities and befriend them through the cast of characters and to use the dialogue and other features of the book to highlight, introduce, and extend the lessons and advice within the book." For more information on the text or on the use of cartoons as instructional devices, readers can contact Sharyn Lowenstein through email (SL21@aol.com).
(Sharyn Lowenstein is a grant writer at Bunker Hill Community College and an adjunct professor.)

Oct. 30	Preferred schedules and courses submitted
Oct. 31	Leave of absences and sabbatical decisions due
Nov. 21	Unit Personnel Practices Committee (UPPC) elected

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.