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"That the Massasoit Community College did violate Article VII of the Collective Bargaining Agreement by requiring that students pass an 'exit exam' (i.e. Fundamental of Mathematics stipulated by the Mathematics Department)in order to pass Fundamentals of Mathematics at Massasoit Community College, effective as of the Fall Semester of 1994. As a remedy, that 'exit exam' will be deleted from the Course Description of the Fundamentals of Mathematics course."

So states the decision by Arbitrator Richard G. Higgins in a recent award from the American Arbitration Association.

In March 1993 the Math Department at the college voted (7-2) to change the course description for Fundamentals of Mathematics to include a statement that mandated the students pass an exit exam in order to pass the course. This recommendation was forwarded and approved by the Curriculum Committee, Academic Senate, and the college president.

A grievance was filed by a member of the Math Department, Professor Ray Herbert. He alleged that the president "acted arbitrarily, capriciously and unreasonably when he imposed an exit standard... on mathematics courses in addition to the instructor grade." The remedy requested was a removal of language referring to the requirement for an exit test from the course description.

The grievance was lost at Step I and II, and on October 7, 1996, the arbitration was heard. The administration maintained that according to Article IV (Management's Rights) management had "the right 4o decide upon the means and methods of instruction' so long as it exercises that right reasonably." Management also asserted, '...that a faculty member's academic freedom is defined by a course's course description.' In testifying for management, the Division Chair, Sydney Schmitchel, "sought to minimize the intrusion on the faculty member's "academic freedom.'" He stated that the faculty member "doesn't have to include the result of this exam in determining the student's grade,...and the results of the exam are kept privy to the faculty member. He does not pass that information on to the administration. We never see the result of the exam. We're not involved in that process."

The MCCC argued that Article VII, "Academic Freedom & Responsibility" guarantees a teacher, 'full freedom in the classroom in discussing his/her subject, and most specifically in the selection of his/her classroom materials, including the selection of texts." The Union also asserted, "that a faculty member is guaranteed the academic freedom ... to select his/her classroom materials' and that these materials include the right to select the criteria by which student performance will be evaluated." Dennis Fitzgerald, MCCC Grievance Officer, testified that this provision has remained in the contract, unchanged, since 1980 along with a subparagraph entitled, "Course Materials." He also acknowledged that a "faculty member is required to cover all subjects embraced in the course description," but the process to fulfill that responsibility lies solely with the instructor. Professor Hebert testified that prior to the imposition of the exit exam, "he had a certain method of grouping students based upon ability," ... and, "he never utilized multiple choice type tests prior to the imposition of the multiple choice exit exam." Hebert stated that after the exit exam was instituted, "he felt constrained to modify his teaching methods in order to emphasize the elements that were contained on the exit exam." The Union also asserted that just because this change went through the academic governance process, that process cannot override the academic freedom right guaranteed to individuals by Article VII.

In his discussion, the arbitrator noted that academic freedom "is a concept rarely found in contracts outside of higher education. Thus, when an arbitrator interprets such unique language, he or she must ensure that clear contract language is given its clear meaning, The language of Article VII is not generic labor relations boiler plate. Rather, it is the unique statement of participants in the field of higher education. Those participants are entitled to the fruits of that language."

Language is Clear

Higgins noted that the words, "Full freedom is clear contract language. These parties were not satisfied with merely using the term, 'freedom.' The combination, 'full freedom,' is such clear and unequivocal language that almost any attempt to define the terms would run the risk of clouding their clear meaning and intent." After establishing a teacher's full freedom, Higgins states, the contract goes on to emphasize the right to choose classroom materials, and, in fact, the issue of academic freedom is found in several places throughout the contract. "Thus," writes Higgins;"it would appear logical to conclude that these parties intended that selection of tests, as with other 'course materials,' would be made by the faculty member.... It is only reasonable to conclude that a person who will be held responsible for certain activities or processes must have control over those processes, or else the assignment of responsibility is meaningless."

Higgins could not reconcile the Division Chair's testimony with the language of the course description which mandated an exit exam. He could not understand that if the exit exam grade was private, then how could anyone, "use the results of that test to decide if a student is ready to go on to other courses. If the faculty member is free to give a letter grade independent of the Assessment, then the letter grade could well mask performance on that [Fundamentals of Math] Assessment."

And, finally, Higgins states that with all due respect to management's assertion that this passed through the academic governance process, "faculty members are not necessarily experts on the Collective Bargaining Agreement. The academic governance process does not constitute a process which can revoke or modify terms of a negotiated Collective Bargaining Agreement. The clear terms of the contract language must prevail over even the best-intentioned actions of the Massasoit Mathematics Department, its Curriculum Committee, and Faculty Senate." Congratulations to MCCC Grievance Coordinator Dennis Fitzgerald and Donna Sirutis for an excellent job.

Classification Study:

RFP Has Gone Out

The Request for Proposal (RFP) has been completed and was sent out on January 21, 1997. The RFP was developed by the MCCC and representatives from the Board of Higher Education and Administration and Finance. The completion of the RFP was delayed because the development of the proposal was more complicated than anticipated since this is the first time anyone at the table had developed something like this.

The RFP is a bid outlining the guidelines that the consultant hired needs to follow in order to complete the classifications study. The bidder must file with the Board of Higher Education (BHE) no later than March 7, 1997. Once all the bids are received, the Classification Committee will review the proposals and select the consultant that will conduct the study. The following are the highlights of the RFP guidelines:

The classification study will cover both full- and part-time faculty and professional staff

The scope of the study is for a "fair and equitable classification system." The consultant must: Develop a classification structure Establish guidelines for movement into the new structure Maintain structure for: New hires Promotions Salary adjustments Address internal inequities and provide an adjustment based on similarly situated states

The RFP mandates that the consultant look at (MCCC does not know how these criteria will be weighted as the consultant will make a recommendation.): academic credentials experience seniority assigned responsibilities (for professional staff only)1

The consultant must: maintain the timetable (see below) accept requirements of RFP review and classify positions present plan which must include: job description wage and salary schedules criteria for new or changed positions administer job questionnaire to all unit members which must include: duties credentials experience seniority responsibilities conduct random interviews with unit members

The faculty component of the study must be completed by the end of the spring semester. They have a little more time with the professional staff.

The classification RFP timetable is outlined below. Some dates are flexible as it is difficult to know the exact dates for each action. The two dates, however, that cannot be changed are 1 ) January 1, 1997, for implementation of monetary adjustments (Regardless of when the study is completed, all salary adjustments will be retroactive to this date.), and 2) September 26, 1997, the date when the consultant's report is due to the committee.

Once the consultant is selected, he or she will determine the number of interviews necessary for validation. In addition all unit members will receive a questionnaire to fill out. It will be critically important for all unit members to fill out this document.

Once the report is completed (September 26, 1997), the MCCC must review the recommendation and, if necessary, enter into bargaining if some of the recommendations impact our contract.

Two copies of the RFP have been sent to each campus chapter president - one to be placed in the library.

Classification Time Table

¹N.B. Professional staff members should make sure their job descriptions are complete and accurately reflect their job duties and responsibilities so as to avoid problems that could arise with incomplete information.

²Dates cannot change.

Roxbury Award Update

In the September issue of the MCCC Newsletter, a Massachusetts Labor Relations Commission (MLRC) decision of prohibited practice against Roxbury Community College for its termination of Molly Flannery, a part-time ESL instructor was reported. The issue centered around retaliation and transfer of DCE work to the day.

Management sought clarification from the MLRC, and after a meeting between the college and the MCCC, the college must: pay Flannery $5,130 lost wages and offer her a day/DCE course; compensate any faculty who had DCE reappointment rights emanating from the day/DCE ESL program who were not reappointed in the spring of 1994; provide faculty who taught in the day/DCE programs in ESL seniority (if the work was shifted to day and back to DCE); and the college must bargain over the shifting of the work in question.

Educational Needs Update

This will be the last issue in which the application form for educational needs requests will be published. (Form not included in this web version.) All tangible purchases, e.g. hardware, such as computers, VCR's, will be considered as "reportable events" by the State Comptroller's Office and will generate a 1099. All other expenses such as travel, conferences, books, subscriptions, memberships, etc. will generate no additional paperwork from the college and state once the check has been received.

DCE Survey Reflects Support

The DCE survey results reflect an overwhelming support of the DCE Negotiating Team to try to get DCE earnings included as part of the calculation of total state wages. Presently, only the full-time wages of members of the state retirement board (as opposed to the Teacher's Retirement Board that covers K-12 employees) are used to calculate the basis of retirement income. In the contract, both parties agreed that they would attempt to have DCE earnings added to full-time salary of MCCC employees who are full time.

The DCE Retirement Committee met with employer representatives, and the parties agreed to petition the State Retirement Board to include all DCE earnings as part of salary. An answer is expected in February.

If the State Retirement Board were to allow this, then all full-time employees who are members of the State Retirement Board, regardless of where they work within the state, and who teach DCE in the community colleges, would have their DCE wages added to their full-time salary.

Proposed Bylaw Changes Due

Any suggested changes in the MCCC Bylaws must be received by the Bylaw and Rules Committee no later than February 1, 1997. All proposals must be sent to Professor Ernest Therrien, Chair, at Springfield Technical Community College.

You do not have to put a proposed bylaw change in its proper format. You need only to submit the idea and the committee will put it in the proper language.

Looking for a Job

The vacancies within the community colleges are easily accessible on the MTA Bulletin Board System (BBS) (1-800-523- 8883) You can read, download, and/or print these vacancies at your terminal. If you do not have access to a modem, a printout can be faxed to you. Fax your request to the Communications Coordinator at 617- 236-0448. You must include the name of the college(s) where you work.

For the first time user. When you call into the BBS, you will need to provide some information to the systems operator. You can get on the BBS immediately and choose your password. Once you get on the BBS, follow these steps to get to the vacancy area. Enter your name and password, Select F(ile); 6(Vacancies in community colleges); (F)files in this area; (V)iew and type in the first two numbers of the last dated entry e.g., 42-11-1996 (You would type 42).

Only questions specific to the MTA BBS should be directed to the systems Operator (SYSop) Ron Miller (1-508-653-7244), preferably through the BBS. If you have specific questions about a vacancy, call the college.

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Know Your Contract

Jan. 31	Faculty summary evaluation due
Jan. 31	Course materials submitted
Feb. 1	First year professional staff and part-time faculty summary evaluations
Feb. 1	Sabbatical recommendations due to Board
Feb. 11	Summary evaluations rebuttals due
Feb. 14	First year professional staff evaluation conference
Feb. 15	Reappointments due for first through third year faculty
Feb. 20	Course materials returned
Feb. 28	New full- and part-time hire list due MCCC

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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