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Page 4 - DCE News

Union Endorses O'Brien, Gabrieli

By Joseph T. LeBlanc, MCCC Vice-President

The Massachusetts Community College Council unanimously endorsed Shannon O'Brien and Chris Gabrieli at its Sept. 20 Board of Directors meeting. It is the first such endorsement the union has made in several statewide elections.

"The choice is very clear," said MCCC President Rick Doud. "The MCCC must endorse Shannon O'Brien for Governor. MCCC unit members, as well as all of organized labor must get involved in her campaign. I urge everyone to call the O'Brien campaign. Volunteer to hold signs, work a phone bank, distribute flyers, whatever you can do. Identify yourself as an MCCC unit member, and give a few hours in an election that will certainly directly affect your working conditions for the next four years."

MCCC Treasurer Phil Mahler praises O'Brien's experience as a manager of a large state agency.

"We have faith in her management expertise and ability to bring financial stability to the Commonwealth," he said. "We feel she is be best candidate to effectively lead Massachusetts out of the financial crisis. She will also support public higher ed. as the single best way the Commonwealth has to improve the quality of life for its citizens."

The state Treasurer has and will continue to articulate a forward-looking, responsible, progressive vision for Massachusetts and all its citizens. The Boston Globe says O'Brien has already "attracted some of the best policy minds in the state, suggesting she will be able to reverse the brain drain on Beacon Hill." Her staff has detailed impressive policy plans for health care, clean air, crime and public safety, smart growth, housing, prescription drugs, sets families," Chesloff writes.

In the last several years, our public colleges and universities have been able to expand program and course offerings and create innovative programs all while cutting state tuition and fees. Since the economic downturn, however, the legislature has targeted public higher ed. for a series of severe cuts with more likely to follow this fall.

O'Brien has pledged to stop this "boom-bust" budget cycle.

"We must ensure that higher education and other important items and programs in the state budget are not disproportionately cut during fiscal crunches," Chesloff writes. "That is why Shannon has proposed a plan to reform the budget process to try to prevent the "boom-bust" budgeting that results in cuts to areas of the budget such as higher education."

O'Brien's budget reform blueprint will encourage the Commonwealth and its agencies to engage in better long-term planning. While difficult times surely lay ahead for Massachusetts, O'Brien's executive experience, political acumen and strength of character all promise to provide us with the right leader for these times.

At press time, late breaking news releases indicate O'Brien will lobby to reinstate the Superfund polluter tax to pay for environmental cleanup projects at 31 sites in Massachusetts and 1238 sites in the United States. The $3.8 billion fund has been spent down to $38 million, and the Bush administration is balking at reauthorizing it. Republican gubernatorial nominee Mitt Romney is still studying the issue and did not lobby EPA head Christie Todd Whitman when she stumped for his candidacy earlier this month.

Of even greater interest to our community colleges are O'Brien's views about welfare reform. While Romney's views largely parallel the punitive measures being considered in Washington, O'Brien looks at a better way, saying it is unwise to force poor women to move through a series of dead end jobs in order to continue to receive benefits.

"What we need to do is to make sure that people get the training that they need, that this is not punitive," O'Brien said while visiting a Boston anti-poverty agency. O'Brien says it makes no sense to force women to work 20 hours a week when they could be spending the 20 hours in classes or job training. Research indicates that women working to earn an associate's degree are much less likely to need state welfare assistance ever again.

Board OK's MCCC Political Action Committee

PAC to begin fundraising this month

By Joseph T. LeBlanc

The MCCC's PAC is off and running just in time for the final election. Acting on the recommendation of both the Strategic Action Committee and Executive Committee, the Board of Directors approved the Political Action committee at its September meeting. The PAC will be chaired by Thelma Halberstadt, retired nursing professor from Northern Essex Community College. Phil Kennedy, MCCC Operations Manager, will serve as treasurer.

In starting the PAC, the union joins more than 300 other organizations with registered Political Action Committees. Halberstadt and Kennedy say they are eager to begin fundraising, which will allow PAC to make contributions to political candidates during this election cycle.

Francis J. Leary, business professor at Northern Essex, says he hopes to see more retired unit members and other volunteers get involved with PAC activities in the next few years.

"I can see where the PAC might work to promote an agenda which benefits both active and retired members," he said. "Just this summer, the union told us to call legislators to preserve the 85/15 health insurance. Many retirees, seeing their health benefits threatened, were making the same calls and working for the same agenda. I can see this PAC makes sense on many levels."

State statute defines a PAC as "any committee which receives contributions or makes expenditures for the purpose of influencing the nomination or election of a candidate and which is not a candidates committee, a political party nor a ballot question committee..."

Background: In Spring 2002 the MCCC Board of Directors granted Wm. Brooks Smith, Cape Cod CC faculty and longtime political activist, release time in FY '03 to continue to work with MCCC lobbyist Charlie Flaherty and to research the possibility of this union starting its own PAC.

Flaherty says it is important that the MCCC establish its own unique identity and join many other organizations who contribute to key legislative races. Flaherty says an MCCC PAC will provide the union with further recognition in the State House. It will show the MCCC's commitment to political action. It will indicate a professionalism and sophistication in our work to promote our political interests.

In doing his research over the last few months, Smith has worked closely with the Office of Campaign and Political Finance (OCPF), an independent state agency that administers Mass. General Laws Chapter 55, a state statute governing the financing of political campaigns. Smith has become well versed in the law's complexities, including the following:

PAC's are limited to making contributions of no more than $500 per calendar year to a single candidate (or that candidate's political committee). Candidates may only accept contributions within the following aggregate limits:

Recent OCPF research indicates that 85 percent of all PAC money goes to legislative contests. Money beyond these limits must be returned to the PAC's

The list of Massachusetts' PAC's is large and diverse, ranging from the African Americans for School Choice (first on the list) to Women's Republican Club of Melrose rounding out a list of nearly 400 PAC's registered with the Office of Campaign and Political Finance (OCPF). The General Contractors have their PAC in Wellesley while the Associated Subcontractors have their own PAC headquartered in Boston.

Fire Fighter's local unions contribute to their PAC's while Patrolmen's Associations donate to theirs. Business PAC's make up part of the list, including interests ranging from the Beer Distributors and CVS Pharmacies to Filene's and the New England Pest Control Association. Unions also have many, many PAC's. Local teachers unions, including Boston's, Lowell's, Billerica's, U.Mass Dartmouth's and others all contribute to their Political Action Committees.

Establishing a PAC: The process for forming a PAC, while not simple, is clear and straightforward. The MCCC's PAC was registered by filing form CPF 101PC. The PAC must have a name, in our case the Massachusetts Community College Council Political Action Committee. The PAC must also state its purpose: "This PAC has been formed to support educational issues and ideals unique to Massachusetts community colleges, their faculty, staff and students."

The PAC also requires a chairperson and a treasurer to serve as officers. Neither person may be an MCCC member. They may, however, be employees of the union, retired union members or others who may agree to serve. A new PAC must establish a bank account with a zero balance until the committee is organized with the OCPF. Once the PAC is established and running, fundraising must be conducted according to state statute. Some highlights follow:

After being advised by both Flaherty and Arline Isaacson, MTA Governmental Services, the Strategic Action Steering Committee will recommend the distribution of PAC funds. The PAC will then send checks to selected candidates. The PAC will then forward a report of their recommendations and actions to the MCCC Executive Committee. As provided by law, the PAC Treasurer will then be responsible to submit timely reports to the OCPF.

MCCC Fall Leadership Conference

Participants in this year's Fall Leadership Conference, Monday, September 23rd braved "hell and high water" to attend.

Sandy Cutler, Co-chair of the Strategic Action Committee, determined to arrive in a timely fashion to present at this year's MCCC Fall Leadership Conference found herself straddling a fence in a skirt to meet that commitment. Her bushwhacking adventure was one of several shared as participants at this year's meeting straggled in to this year's meeting at the Best Western Royal Plaza, Marlboro. Road workers in the westbound lane of Route 9, near Route 495 hit a water pipe about 3 p.m., then ruptured a gas line in attempting to repair the first mess. The gas line rupture led to an evacuation of hotels and businesses in the immediate vicinity, a delay in the starting time, and complicated and unmarked detour routes for those 75 or so participants who persevered to arrive at the Meeting.

The meeting was opened a bit late with a welcome from MCCC President Rick Doud. Before dinner a very informative presentation on the Windfall Elimination Provision and Government Pension Offset laws was made by Vicki Zwerdling, Deputy Chief of Staff for Congressman James McGovern of Worcester. A dinner (chicken or pasta) followed. After dinner MTA President Cathy Boudreau, MTA Vice President Anne Wass, MCCC MTA Board Member Thomas Parsons and MTA Attorney Priscilla Lyons formed a panel to address MCCC questions regarding MTA's role in serving its Higher Education constituents.

Participants received a newly minted MCCC pen and MCCC notepads.

MTA President Cathy Boudreau, MTA Vice President Anne Wass, MTA Director
Thomas Parsons of MBCC, MTA Director of Higher Education Priscilla Lyons

The WEP and GPO

As more MCCC members, MTA members, and State employees hired in the modern era approach retirement age, the apparently inequitable and seemingly discriminatory nature of the Windfall Elimination Provision and Government Pension Offset laws is looming on the radar screen of countless of those individuals and their spouses.

These laws significantly reduce Social Security benefits to government employees and spouses receiving government held pensions in 15 states. Though arrangements in each state may vary, Massachusetts government employees were described by Fall Leadership Meeting presenter Vicki Zwerdling, an aide to Congressman James McGovern of Worcester, as "profoundly impacted by these laws." She said that, to date, McGovern's office "receives more calls on this issue than on Iraq."

The Social Security statements received by those who will ultimately be affected do not take into account these laws. Statements often estimate your monthly Social Security benefit at over $1000, when it may be less than $200, for example. These computer generated statements do not recognize your status as a government employee in an affected state. Many individuals, according to "horror stories" witnessed by Zwerdling, plan retirement assuming they'll receive the estimated amount, only to find their benefit to be minuscule. Occasionally an individual will receive checks from Social Security for the full amount, only to have the Social Security Administration demand repayment after two years of checks, when the error is discovered. She cited instances where individuals needed to repay up to $20,000!

The Windfall Elimination Provision is the result of a decision of the Commonwealth and 14 other states to create state controlled pension systems and build pension for state employees rather than have them contribute to social security. Evidently the decision- makers did not anticipate the many employees who would have lengthy prior work histories in the private sector, or would continue to work privately simultaneously or subsequent to state employment. Community college faculty are a significant subgroup, often only hired to full time positions in their thirties of forties. Since the decision point in the '30s many or most of the other 35 states have found it necessary to supplement the social security owed their employee-retirees with privately managed retirement systems. That type of system is exempted by the WEP.

The Government Pension Offset law applies to spouses of federal state or municipal employees in some states. The law reduces social security benefits of spouses by two thirds of the amount of the pension. For example, of your pension amounted to $1200 per month, your social security would be reduced by $800. In many cases that would eliminate the benefit entirely. The GPO affects social security benefits of widows or widowers of government employees who receive government pension in affected states even when they themselves were not government employees.

An individual in private employee, or state or municipal employment in the "other" 35 states may receive their full social security entitlement together with whatever retirement or multiple retirement earnings for which they have qualified. For this reason many folks believe the WEP and GPO to be discriminatory.

The projected hit to the Social Security system of eliminating these laws is estimated at 6.9 billion dollars in the first five years. In the current fiscal landscape there is understandably tremendous resistance to changing the laws.

Legislation to alter the WEP and GPO has been filed by numerous lawmakers and has more solons signing on as co-sponsors each year. Because the laws are manifestly inequitable, and because of the large number of affected individuals and spouses, there is reasonable hope that, in time, with persistent political action the laws can be altered or eliminated.

MCCC Supports Campaign
To Fund Higher Ed Contracts

Northern Essex Community College

Berkshire Community College

Springfield Tech Community College

The New Student Evaluation Form

By Don Williams, NSCC

After seven months of committee meetings and some delays over the summer waiting for approvals, a new student evaluation form has been chosen. However, it is still not ready for implementation.

The 1999-2002 Collective Bargaining Agreement contained a Memorandum of Agreement (page 114) that called for a joint management/labor committee to "recommend a nationally validated student evaluation form." It further goes on to require that the impact of the new form be bargained between the Board of Higher Education (BHE) and the MCCC. Impact bargaining is still pending.

The committee's Union representatives (Roberta Passenant of Berkshire CC, Diana Yohe of Bristol CC and Don Williams of North Shore CC) conducted a survey of the membership seeking input on what was liked and disliked about the existing form and what members would like to have included in a new form. The Management members, all chief academic officers from different colleges, surveyed their peers as well. From the limited number of evaluation forms that met the MoA requirements, the committee made a unanimous recommendation.

The recommended form was developed by the University of Washington's Office of Educational Assessment. It has significant differences from the form we have used for the past 10 years. First, there will be three versions used: Form A, for lecture/discussion courses; Form H, for lab sections; and Form J, for clinical settings. Only the first four questions, which are general ones about the course and the instructor, are the same on three forms. Because of that, only those first four questions are averaged by U. Washington for comparison. Also, most questions have a 1 to 6 response selection instead of the 1 to 5 in the old form. Some have 7 response choices.

All the forms include questions about the student's effort in the course, the expected grade and whether or not the course was in their major. While Washington does have a Distance Learning Form (Form I), there was no recommendation made for Distance Learning at this time.

The MoA called for a "nationally validated" form but not necessarily nationally compared data. U. Washington does not give out comparative data from other colleges (except their own as an example). Instead they build a database of responses from one institution (or system) over three years to be used as a benchmark for evaluating the performance of individual faculty members with their peers.

If anyone is interested in more information they can check out the forms on the web at www.washington.edu/oea/iasforms.htm, and also you can see the typical responses for courses at U. Washington at www.washington.edu/oea/iasrepts.htm

All members of the committee agreed that the purpose of the form should be to improve education. This radically different form should give us all the opportunity to change how evaluations are used on the campuses.

President's Message

October 2002

Unfortunately, some things don't ever seem to change. It is fall in New England. The leaves will soon be falling, the Red Sox have already fallen, and unless we act now, higher education in the Commonwealth is headed for a fall.

There are two interconnected battles that the MCCC must engage in during the fall semester. The first is the continued struggle in support of our fellow higher ed unit members whose contracts remain unfunded. The MCCC had a great turnout at the September 5th rally, which was greatly appreciated by the other units. We will again show our support by participating in the September 25th "community lunch hour" rally, and will maintain our strong showing of solidarity as these protests continue during the fall semester.

Even more important is the campaign for the Governor's office. I personally believe that this election is a watershed event for organized labor in the Commonwealth. We must get involved in this political campaign, or risk the dismantling of the public higher education system we all have worked so tirelessly at creating and maintaining.

We have worked long and hard over the last several years just to keep our heads above water. Our struggles to keep our health insurance at 85/15, to adequately fund college budgets, to be paid on par with faculty across the nation; all of these battles and more are at stake.

The choice seems very clear. The MCCC must support Shannon O'Brien for Governor. MCCC unit members, as well as all of organized labor, must get involved in her campaign. I urge you to call the O'Brien campaign. Volunteer to hold signs, work a phone bank, distribute flyers, whatever you can do. Identify yourself as an MCCC unit member, and give a few hours in an election that will certainly directly affect your working conditions for the next four years. If Shannon O'Brien were to lose this election, it would not only lead to massive cuts in campus budgets, but also heighten attacks on tenure and academic freedom. I know many of you find it difficult to get involved in political campaigns, but if you are ever going to act, the time is now. The future of the MCCC and public higher education is at stake. We must elect Shannon O'Brien as the next Governor of the Commonwealth. In solidarity.

When Is A Deal Not A Deal?

Sandy Cutler, SAC Co-chair

We all know our state is in a financial crisis, and the governor and the legislature have frantically attempted to balance the state budget. But at what cost? This balancing act has fallen heavily on the backs of state workers not just once, with the increase in medical insurance deductibles, but twice, with the lack of funding for contracts, some languishing for more than a year.

According to Webster's dictionary "a bargain is an agreement between parties to a transaction settling what each shall give and receive..ex. contract." A contract is a deal. In essence, they all mean the same thing. Therefore, the slogan adopted by the coalition of higher ed unions "Keep your word- A Deal's a Deal" is germane. A deal is a deal.

Where does this reneging on a contract leave public higher ed employees? The governor and legislature should make no mistake in appraising our indignation and concern regarding this violation of contracts. This reneging on contracts bodes ominous consequences for all contract funding. A contract bargained and ratified in good faith that is not funded, is a contract broken. When the governor reneges on a contract, it implies a state government that will resort to guile and arrogance when any contract to be funded is before them.

This lack of funding a contract and maintaining the integrity of bargaining is a harbinger of promises made and promises broken. Questions are now raised about future contract bargaining. Why bargain if the only part of the bargain that the state will honor is the workload? Will mistrust and uncertainty rule in future negotiations?

We are at a critical moment in the history of bargaining with the Commonwealth. We must all stand firm in our belief that " an injury to one is an injury to all" and that solidarity is essential in the "fight to make it right." This legislature and the future governor must bring back the integrity of bargaining through funding of all contracts, without delay.

We will continue this struggle with tenacity and unity. We believe that abuse of any contract creates the possibility of abuse of all contracts. The question still looms before us. Is a bargain only in effect in good times? A bargain is an ethical and moral agreement between vested parties. When did ethics lose its meaning and flagrant disregard for funding a contract become the means to balance the state budget? When did the word "contract" have attached to it... "Maybe..."

When is a deal not a deal?

Rick Doud, MCCC President, addresses members at the Fall Leadership Meeting.
Vicki Zwerdling, McGovern's Deputy Chief of Staff at the Fall Leadership Meeting

Know Your Day Contract

October 2002

Oct. 1

President must notify candidates for tenure p. 30

Oct. 7

Deadline to request agency fee status p. 10

Oct. 14

Columbus Day holiday observed

Oct. 15

Seniority list to Association President or designee p.53

Oct. 30

Last day to opt out of sick bank p. 13

Oct. 30

Schedule preferences due p. 32

Oct. 31

College shall notify sabbatical leave applicants for Spring semester p. 18

November 2002

Nov. 11

Veteran's Day Holiday observed

Nov. 21

Unit Personnel Practices Committee established p. 18

N.B. Dates may vary depending on the first day of classes. Most of these dates are "last date" standards. In many instances the action can be accomplished before the date indicated.

Do You Need Health Insurance?

The Nongroup Health Insurance Program is for Massachusetts residents who are not eligible for employer-based health coverage. These individuals can purchase nongroup health care insurance or coverage from any carrier offering plans. Carriers offering this coverage may not refuse any applicants based on their health nor impose preexisting condition exclusions or waiting periods. The open enrollment period is September 1st through October 31st for coverage to be effective on December 1st of that year. Rates are not cheap but may be better than most other options.

For more information check out the union web site at http://www.MCCC-union.org/PTHealthInfo/.

Editorial Comment

Don't Forget To Vote November 5th

by Peter Flynn

There is very little ambiguity in the candidates' positions toward higher education. O'Brien is a moderate and a fiscally responsible administrator who is able to tackle the challenges of the current economic situation. This may mean some difficult decisions and there may be no magic to relieve the belt tightening that may be necessary for the Commonwealth's institutions of higher education. She is not hostile to teachers or state employees.

Romney is a conservative ideologue who despite naiveté evident in his early TV campaign, seems ready to do a wholesale rewrite of public education policy. No doubt his agenda includes advancement of charter schools, standardized testing, and teacher testing. His platform already attacks tenure and promotes merit pay.

Romney wants to "clean up the mess in Boston." That includes the Jane Swift legacy, and state employees - and you, dear reader, are one of those. A Romney administration is more likely to resemble a Weld administration than Celucci's or Swift's. Lest we forget!

We are struggling with a Labor Relations Board packed with appointees of the Weld-Celucci-Swift era. That pattern of appointments is unlikely to change significantly if Romney is anointed by the electorate. In this, contract negotiations, and in many other ways, your job as a community college educator will be affected by this election.

DCE NEWS

Know Your DCE Contract

Reappointment Rights and Seniority

You earn reappointment rights after teaching five courses over three consecutive fiscal years at the college. These courses do not have to be in the same department. 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 provide one-year seniority in each work area. Loss of accrued seniority results after a two-year break in service at the college. Canceled courses do not count toward a break in service.

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. You will advance to step 4 effective upon attaining 8 years of seniority at the college. New faculty at the college start at step one, but may start at step 2 or 3 of the salary schedule based on degrees, qualifications and experience.

Step 1 - $736 per credit
Step 2 - $789 per credit
Step 3 - $848 per credit
Step 4 - $891 per credit (8 years of seniority)

The laboratory component of a course will be paid at the rate of 1.5:1 (1.5 contact hours per week during a regular semester = 1 credit salary).

Appointment

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 longest 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 salary to which you have been assigned. Your course must run in the event that an administrator who hires, fires, or evaluates DCE faculty is teaching a course in DCE.

Course Material

Faculty must submit the 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 one's contractual obligations in this regard.

Instructors have the right to choose the text book(s). The exception to this is when it is a departmental selection and you are given an opportunity to participate in the decision making process, or when the appointment is made as the semester is to begin.

Evaluation

A classroom observation must be conducted prior to the unit member attaining reappointment rights. Student evaluations are to be conducted during the second or third to the last week of the course. Classroom observations can only be conducted after that point for stated written reasons.

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

September 18, 2002 SAC Meeting

Wm. Brooks Smith, Ted Ridout, Arthur Barlas, Chris Coolidge, Donnie McGee, Arline Isaacson - MTA Governmental Services
Marjorie Saunders, Linda Stern, Joe Nardoni, Dan Fitzgerald, Abbie Jenks, Caroline Schwarzwalder, Carole Dupont, Rick Doud

Recruitment For DCE Bargaining Team

The current DCE contract expires December 31, 2003. Applications are now being accepted for the MCCC Negotiating Team for the 2003-2006 DCE contract.

Team Composition and Responsibilities

The team is composed of the President and Vice-President of the Council and a minimum of five members of the DCE unit, appointed by the Board of Directors. The team has the responsibility to negotiate with the employer on behalf of the Council and the unit on all matters relating to hours, wages, and conditions of work. The team's term of office ends upon the expiration date of an agreement or the formation of a new team.

Commitment

Applicants should understand that membership on a team constitutes a large time and energy commitment, a commitment to training, a commitment to serving the team as required as spokesperson, chair, vice chair, secretary or member at large, and in any other related way as required to serve MCCC members. Attendance at the Negotiations Track at the MTA Summer Leadership Conference at Williams College, August 2003 and/or other training may be required of all team members.

To Apply

DCE unit members interested in applying should submit a cover letter and résumé to the MCCC office. The following information should be addressed in these materials.

  1. Union experience at chapter level, statewide level, or in other systems
  2. Academic background
  3. Bargaining experience
  4. Knowledge and understanding of labor relations
  5. Reasons for wishing to serve

Applications must be postmarked no later than March 1, 2003, and mailed to:

DCE Negotiating Team Application
MCCC
27 Mechanic Street Suite 104
Worcester, MA 01608

Interviews and selection will be conducted in March and April, and the team will be appointed by the June, 2003 Board of Directors meeting.