May 20, 2011
- Union wins unfair labor practice case: While it won't change the years of torment for former union officers at MassBay Community College, a recently-released Division of Labor Relations ruling is decisive and a win for unionized public employees in the Commonwealth. The BHE/college has indeed "interfered with, restrained and coerced MCCC/MTA union employees in the exercise of their rights under Massachusetts General Laws Chapter 150E...by threatening a defamation lawsuit in response to the employees' filing a grievance and making statements to the media". Hearing officer Erica F. Crystal, Esq. has ruled in favor of the union's position and has ordered the BHE/college to "cease and desist from making statements that would tend to interfere with, restrain or coerce employees in the exercise of their rights ... and from threatening "to sue employees for defamation in a manner that would tend to interfere with, restrain or coerce employees in the exercise of their rights under Section 2 of the Law."
The BHE (college) must now post a written and electronic notice, a copy of which is included in the last page of the attached ruling. Our employer's and the college's actions in this case have been shameful. This ruling provides a small measure of vindication for our union and its members.
- Adjunct/part-time vote issue: Our Delegate Assembly has approved a bylaw change that grants adjuncts and part-time members a full vote in statewide and local elections. This change took effect immediately. MCCC bylaws are now changed and have been posted on our website. Chapters are urged to formally adjust their bylaws at the earliest possible opportunity.
- Contract funding: In a meeting held days before the Senate Ways and Means Committee released its draft FY '12 budget, Chair Stephen Brewer, D-Barre, told MCCC lobbyist Charles Flaherty and me that he anticipates the legislature will "honor its obligation" to fund the next installment of our contract (3.5 percent of payroll) in a supplemental budget. [Note: To date, the Governor has proposed and the House is recommending that the funding not be included in the FY '12 budget. In the worst case, this would mean that the colleges would be forced to fund the salary increases. This would likely mean higher fees for our students with possible cuts to MCCC positions.] Sen. Brewer said he deeply respects the work being done by our community colleges and hopes to be able to help us in other ways as the Commonwealth's fiscal situation improves.
In a meeting with House Ways and Means chair Brian Dempsey, D-Haverhill, earlier this semester, he said the contracts would be funded in a supplemental budget if state revenues continue to improve. We will be monitoring this situation closely in coming weeks and months to be sure this is addressed in an upcoming supp budget.
MTA President Paul Toner adds these thoughts about contract funding: "It is very clear that once the contracts have been approved by the Legislature, the colleges and universities are obligated to pay the increases as stipulated in the contracts. The higher education institutions are well aware of their responsibility under the contracts, and there has been no attempt on the part of the colleges or the administration to question this responsibility. Because of the loss of federal stimulus monies, the higher education budget in the House Ways and Means proposal was cut below last year’s spending levels. In an attempt to restore some monies to the higher education budget, an amendment was filed that would have specifically funded the salary increases. That was a strategy decision and should not have been interpreted to mean that there was not an obligation to pay the increases. The college presidents had been the ones to propose this strategy and it may have resulted in a misunderstanding among some members. It is clear that higher education is severely underfunded in the proposed FY12 budget, and that should be the central point with the Legislature. We will make that case in the Senate."
- Legislative news: In recent weeks, I have testified in support of adjunct health insurance (Senate bill 1340) and An Act to Invest in Our Communities, a bill that would increase revenues progressively in the Commonwealth. In my SB1340 testimony, I asked the Public Service Committee to move the bill expeditiously. Much to my surprise, they have done just that. The committee referred the bill to the Health Care Financing Committee with a favorable recommendation within two weeks. We will be working to provide tis committee with budget numbers in coming weeks. While the revenue bill is not expected to move anywhere anytime soon, we had a successful day with hundreds of citizens testifying. Revenue committee Co-Chair Jay Kauffman, D-Lexington, said it was time to start this conversation. Indeed, it is.
Note: Matt Jones, Esq. from MTA Legal continues to finalize an agreed statement of facts for our adjunct health insurance lawsuit. One way or another, we will eventually win this fundamental human right for our members.
- Kudos to Rep. Cleon Turner: It has been a challenging year for organized labor, but it made my day to read Rep. Turner's opinion article in the Cape Cod Times, where he writes this about the House's efforts to overturn collective bargaining rights over health insurance: "Simply stated, the Legislature should not be interfering with contractual relationships. I have been vigorous in ensuring that legislation we pass respects contracts and the relationships between communities and employees. I also believe in fundamental fairness. Nothing upsets relationships more than the Legislature meddling in contractual situation, and nothing is more unfair than parties negotiating in good faith and then having one of those parties seek to change the terms of the agreement through legislation." To read the rest of his story, follow this link: Story.
- Advice for every member: It happens when you least expect it. Your dean or another college administrator asks you to attend a meeting, one that might lead to disciplinary action. Please read the following overview of your rights and be sure to ALWAYS request a union representative. If your local chapter officers are not available, contact me or any other statewide officer, grievance coordinator or MTA consultant. We will find someone to accompany you.
The following overview is provided by the MTA:
"Weingarten Rights guarantee an employee the right to union representation during an investigatory interview by the employer. If the interview could, in any way, lead to the employee being disciplined or terminated, or affect his or her personal working conditions, he or she should respectfully request that a union representative or officer be present at the meeting. If representation is requested and denied, the employee may choose not to answer any questions.
The employer is not obligated to inform you of these rights, so you should always ask if you should bring a union representative when called to a meeting by a dean, vice president, or other supervisor. Due to the potential for discipline, it is imperative to request the presence of a union representative at any meeting to investigate a complaint lodged by a student, colleague, administrator, or other member of the college community. Ask to have a union representative accompany you to student grievance investigations and affirmative action, discrimination, and sexual harassment investigations whether you are the target of a complaint, you are bringing the complaint, or you are called as a witness. It is absolutely best practice to have separate union representatives assist different members involved in an investigation; typically, the person bringing the complaint and the person being accused of wrongdoing should have different union representatives as would members called as witnesses.
If time is of the essence, the employer can hold the meeting if an appropriate union representative is available, even if the person is not your preferred representative. While your union representative might be told not to speak, they should take notes, be a witness to the appropriateness of the process and what is said, and otherwise assist you in protecting your rights. You should copy them on communications from the employer as well.
To find a union representative contact in the following order: your chapter grievance officer, your chapter president or other officer, the appropriate statewide grievance coordinator, the appropriate field representative from the MTA
April 20 , 2011
- Dental Plan Survey: Health and Welfare Trust representatives work with MetLife to administer our dental benefits program. Rick Ponticelli (North Shore CC faculty) represents the MCCC on the Trust. Three questions/issues have arisen this semester and you are invited to weigh in with your thoughts and comments by Thursday, April 21 at 10 p.m. Follow the Survey Monkey link below to voice your opinions about the following issues/questions:
1. increasing dental coverage to children up to the age of 26,
2. increasing the level of benefits beyond the current $1,000 yearly maximum,
3. and allowing individuals to buy additional coverage at their own expense.
http://www.surveymonkey.com/s/TXMT6P7dentalsurvey
- Re-enrolling in GIC health insurance: By now, I hope you have been inundated with reminders to re-enroll in a health insurance plan by May 9. Two points of interest have come to my attention recently.
1. Anyone who does not actively enroll in a limited network plan, that is, those who are assigned to a limited network plan because they didn’t return the necessary form, will not receive the premium holiday. That is not clear from the GIC announcement.
2. Anyone who receives the premium holiday will be taxed on the value of the premium holiday, so the three month savings in premiums will be substantially less than the gross amount of their premium payments. That isn’t alluded to in any of the GIC materials that we have seen to date.
Thanks to Donna Sirutis, Acting Director of the MTA's Higher Education Division, for bring this to my attention.
- Contract printing: We are working on the final printing galleys. Our goal is print our day collective bargaining agreement before the first scheduled salary increases take effect on June 30. FY '11 raises consist of 8 points for experience and 8 points for seniority all to be paid at the faculty rate. Payments for other points such as change in rank, post-teniure review, new academic credentials, etc. will follow in the fall. Watch for full details in a future statewide update.
- OBRA issues: We are receiving intermittent reports that DCE members sometimes are having difficulties in withdrawing their monies from their OBRA accounts at the end of each semester. This issue has been brought to the attention of the Department of Higher Education several times, and we have been resolving problems on a case-by-case basis. As a result, we are working to produce a form that we hope will simplify and standardize the process. OBRA is the state administered savings plan for DCE faculty. The Commonwealth calls it a retirement plan, though it isn't one in any real sense.
- MCCC Delegate Assembly: There's still time to arrange to attend our union's Delegate Assembly to be held on April 30 at the Courtyard by Marriott in Marlborough. Contact your chapter president today and let him/her know that you would like to run as a delegate. Special note: Wisconsin union activist Julie Toske will speak at this year's Assembly.
- House Ways & Means budget: It's more of the same bad news coming from the State House. House Ways & Means Committee is recommending the same lousy budget proposed by the Governor in House I. Cuts in the House II budget parallel what is happening elsewhere in state government. The proposed budget does fund the 1.5 percent day unit salary increases going ahead into the new fiscal year, but it does NOT fund the 3.5 percent increase due for one day on June 30, 2012. We are being told that the 3.5 percent might be done in a deficiency (supplemental) budget. Otherwise, it must be funded by the colleges.
- Other items: Let me know if you have items that you wish me to address in future updates. Please note that I am now on FaceBook and Twitter. While I am new at social networking, it provides another way to stay in touch. So, let me know if you would like to "friend" me on FaceBook or follow me on Twitter.
Best,
Joe LeBlanc
MCCC
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