Report on the 2000 MSCA Delegate Assembly - Pat Markunas

The 2000 MSCA Delegate Assembly was held on Saturday, April 21st, at the Massachusetts College of Art. The Elections Committee report was presented by the Chairperson, certifying the three races for Vice President, Secretary and Treasurer. The race for President was not certified for reasons related to three challenges filed by Bill Murphy. Those allegations and my response to them can be found on the chapter's Webpage and my campaign webpage.

Three members of the Elections Committee, including our own Bill Mahaney, publicly disavowed the Report and asked that their names be removed from it. A fourth member asked for an editorial change to make it clear that the Report was presented by the Chairperson herself, not the entire Committee.

At no time did the Elections Supervisor explain to the Assembly what acceptance of the non-certification of the MSCA Presidential Election meant. There was no recommendation in the Report for a second election. She stated only that it would be unconstitutional for the Assembly to reject or amend the Report. (We have reason to belive that this last statement is false.)

A motion to divide acceptance of the three certified races from the presidential race was initially accepted by Bill Murphy but, after a five minute recess, was ruled out of order by him. On a secret ballot vote, the motion to accept the Report as presented passed, 51-45. The Elections Chairperson did not make any additional recommendations concerning the MSCA Presidential Election, nor did any of Bill Murphy's campaign committee members who were present at the Assembly.

A motion to accept the American Arbitration Association's certified election results for the MSCA Presidential Election was ruled out of order. A challenge to the ruling of the chair was defeated.

In the closing minutes of the Assembly, Paul McGee offered a Resolution that a second MSCA Presidential Election be held. Gerry Tetrault of Westfield and David Twiss of Worcester attempted to adjourn the meeting before the Assembly could vote on Paul's motion. As Bill Murphy had stated Paul's motion duly made and seconded, he ruled that the Assembly could not adjourn prior to the vote. The Resolution that a second election be held, passed without dissent.

I do not know what would have happened had Paul's resolution not passed. The Elections Chairperson was asked after the meeting what would happen now. She replied that she "did not know " but that a special Board of Directors meeting would "probably" have to be held.

Legal avenues are being explored. I have been advised that any member who participated in the election may have a legal claim about the failure of the Elections Committee and the Assembly to certify the MSCA Presidential Election. Additional information will be forthcoming.

On behalf of the Chapter, I want to thank the following members who represented you at the most difficult and contentious MSCA Delegate Assembly that we have had in 10 years. Our delegation was 26 members strong from the Call to Order to Adjournment. Two additional members reported to the Assembly just in case alternates were needed.

I especially want to thank Paul McGee for serving as the Chairperson of the Salem Delegation. His leadership and command of what was happening on the floor of the Assembly was impressive. He will be a great chapter president and deserves all of our support.

One last comment needs to be made here. Although the elections did not interfere with bargaining prior to the completion of balloting, the election challenge by Bill Murphy and its adjudication definitely have. Bargaining/ mediation on April 21st was cut short in order to accommodate the hearings held by the Elections Committee. Total meeting time of the Elections Committee that day: ten and a half hours. Total meeting of the Bargaining Committee that day: four and a half hours. A possible bargaining/mediation session for Monday, April 24th, was cancelled; the Elections Committee met for nearly four hours in the evening. The Bargaining Committee declined an offer to meet this Friday (the first day of the MTA Annual Meeting in Worcester) but I expect that the special meeting of the Board to deal with the Resolution might happen then.

Even more significant are the resources devoted to this challenge. An outside attorney and a parliamentarian met with the Elections Committee during the seventeen hours of its hearing and deliberations; a stenographer was present for the open hearing on April 21st. In the meantime, MTA Consultant Donna Sirutis is drowning in work at the bargaining table and in grievances and arbitrations, with no additional legal assistance being sought or offered to ease her workload. We have nearly three dozen outstanding arbitrations to be scheduled at Salem, alone; two members who have won arbitra tions months ago still have not received their written or financial settlements.

A Resolution voting confidence in the Bargaining Committee failed to achieve unanimous support at the Assembly. Members' anger about their choice of MSCA President being overturned can hardly be expected to do anything but divide this union. And one can rest assured that, whether we have a contract next year or not, Bill Murphy's supporters will work very hard on stripping the membership of its right to vote directly for its own statewide officers.