MSCA/Salem Chapter Newsletter
April 2, 2001

President's Report - Paul F. McGee

Day Bargaining Report

March 2001 was our 37th month of negotiating a collective bargaining agreement. Reviewing my notes, I came across the first meeting with then Chairman Jim Carlin dated October 9, 1998. Cutting Dave Letterman's infamous list in half, he gave us his top five goals:

5) Tenure - new faculty should have a choice between the tenure track or a multi-year contract. Those choosing multi-year contracts would earn more money. A college could offer only multi-year contracts. Onerous post-tenure review without protections.

4) Workload - total faculty in a college times 4 courses per semester. If a member is given release time, someone would have to make up the difference.

3) Student evaluations - public, without context or explanation.

2) All College Committee - comprised primarily of administrators, would deal with all academic matters.

1) Pay - merit pay system with 50% going to the 'top' 25%, and the remainder to the next 'top' 50%, some must get $-0-. No other economic offer was presented.

Most of these ideas left with Jim Carlin. On Friday March 30th representatives of your Bargaining Team and the BHE-COP signed the final language for the oral tentative Collective Bargaining Agreement reached on March 26th. This agreement is subject to the ratification of the MSCA day bargaining unit. There will be a mailing describing the agreement in detail but I would like to summarize some of the major points in the agreement.

Economics
Part-time faculty members: 5% increase each year effective January 1, 2001 (for those in the unit teaching the spring semester 2001), June 24, 2001, and June 30, 2002.

For full-time unit members and part-time unit members on annual salaries with effect on January 1, 2001, the College will provide the following increases; 2% equity adjustment (on-base) and a 1% merit pool (off-base). The State will provide the following: a) general increase (base rate), 3%, b) equity pool adjustment (base rate), 1%, c) step equivalent for successful performance (base rate), 2%. For tenured and tenure-track unit members, a signing incentive for post-tenure review (off-base), 2.5%. Members will also receive on base in-rank adjustments as follows: Professor/Senior Librarian, $2,000, Associate Professor/Librarian, $1,200, Assistant Professor/Associate Librarian, $500. There will also be a review of all full-time unit members' salaries to make adjustments to comply with Article XIII minimum formula as adjusted by last year's Memorandum of Agreement.

Retroactive to January 1, 2001, the sequences of pay raises are as follows: minimum formula adjustments, rank adjustments, then on-base adjustments (8.23% compounded). Then an off-base bonus of 3.5%. These monies will be paid as soon as the legislature funds the contract.

All of the January 1, 2001 adjustments will be governed by a Memorandum of Agreement that will extend the current contract. On July 1, 2001 a two year contract will be enacted (duration July 1, 2001 - June 30, 2003).

With effect on September 30, 2001 - a general increase of 3%, a step equivalent for successful performance .75%, both on-base. A merit pool bonus of 1.25% off-base, with a cap of $1,500 per member.

With effect on October 1, 2002 - a general increase of 2.5%, a step equivalent for successful performance .75%. A merit pool bonus of 1.75% off-base, with a cap of $2,500 per member.

All base rates, 8%, 3.75%, and 3.25% will operate to increase the minimum salary formula. The first year all members will have their current salaries compared to the new minimum salary formula (Article XIII) and those who fall below the minimum will be brought to the minimum. In the two subsequent years minimum salary reviews will be conducted as needed.

Worksheets will be provided in the next issue of the MSCA Perspective. (You thought doing your taxes was difficult, wait until you see these worksheets!) We are also planning to put a template on the web, which will automatically calculate your new salary based on information that you put in.

Promotions - With effect on August 26, 2001 promotion increases will be added to salary. The increases will be the agreed upon formula or 5% of the unit member's salary, whichever is greater: to professor/senior librarian, $3,672, to associate professor or librarian, $3,294, to assistant professor or associate librarian, $2,970, to assistant librarian, $2,160. Moving forward, these amounts will be adjusted based on the second and third base rate increases.

Chairs Stipends - Will double to $1,500/per semester effective the date the agreement is ratified by the MSCA. Instruction workload reduction shall be calculated based on fall staffing (currently, spring semester).

Sick Leave Buy-back Retirement Incentive - the parties agreed to change the formula for each day's buyback from 1/195 of annual salary to 1/160 per day for unit members retiring by August 31, 2003.

Professional Development - (2001-2002 and 2002-2003). In each year 1 ½% of the state faculty/librarian payroll shall be available for professional development. Two-thirds of this money will distributed based on Article XIV, with unused funds rolled into the remaining pool. This remaining pool will be made available to members who apply to the AVP for funds that are needed for purposes of continuing scholarship. No member of the bargaining unit will be accorded, in the aggregate, more than $2,000 of professional development monies in any one year.

Personal Leave - One day per semester. One unused day can be carried over to the second semester in the calendar year. This provision is effective during the spring semester of 2001.

Language Issues

Post Tenure Review - Will be conducted during every seventh year of a unit member's employment. There is a transition period for those members who were last evaluated before September 1, 1995. The review period shall commence no earlier than September 1, 1997. Members shall provide the following materials: Appendix B, including an updated resume and a statement not to exceed 750 words describing achievements selected by the unit member from Appendix A-1 or A-2. By November 30th of the review year, the Chair/Library Director shall evaluate the unit member as either "satisfactory" or "unsatisfactory." The review material will be submitted to the Academic Vice President (AVP) by December 15th. The AVP, by January 25th will provide a finding of "satisfactory" or "unsatisfactory." If the AVP finds that a unit member's work is unsatisfactory, the unit member shall have the right to grieve the finding.

If the rating of unsatisfactory holds, the unit member shall be required to undertake a plan of professional development for a period not to exceed one year. At the end of the period of the professional development plan, if the unit member's rating is still "unsatisfactory" the member will be required to participate in an extended/revised plan not to exceed an additional academic year and may be denied a promotion and/or bonus and may also be denied a step increase.

The AVP rating of "unsatisfactory," denials of promotions, bonuses, and/or step increases may be grieved by the unit member. The arbitrator has the authority to reduce or eliminate a penalty. No unit member's performance shall be given a rating of "unsatisfactory" without just cause and the arbitrator shall have the authority to issue any make-whole remedy for violations of the just cause standard.

Full-Time Temporary Faculty - After four (4) semesters of full-time temporary employment the unit member must either be appointed to a tenure-track position or be given no more than part-time day unit employment. After one semester the unit member may be reappointed to a full-time temporary position, a tenure-track position, or another part-time position.

Proposals on distance education, technology, and intellectual property rights remain on the table. The parties will continue to bargain these very important faculty rights.

I believe I have listed, hopefully accurately, the highlights of the tentative agreement. The full documents will be posted on the MSCA website at www.mscaunion.org.

Thinking about the collective bargaining process, I have been wondering what finally caused the sides to come together. Many people had a part in reaching this agreement but from my perspective I would like to thank the members at Salem State. I believe at many campuses there was a strategy to divide the membership by releasing selective information to the general membership. Never once did I feel pressure from this unit to settle prematurely. No question, many must have thought that the money was good and questioned what the delay was. But you had faith in the bargaining team, the officers of the union, and the MTA consulting staff. Many thanks for your support and patience. I do believe we have a good deal.

Tenure Removal Hearing

The Tenure Removal Hearing scheduled to be heard by L. Lee Harrington, the Board's choice as its designee, on April 2, 2001 has been canceled. Dr. Atewologun, who initially requested the hearing has, after appropriate consultation with his representatives, withdrawn his request. The Board, therefore, may take whatever action it wishes on the President's recommendation to terminate. Please note, however, that all grievances related to his case will go forward to be heard by a neutral arbitrator. You will be kept informed.

Nominations for Statewide Activities

Nominations are open for (27) Salem Chapter delegates to the 2001 MSCA Delegate Assembly to be held at Bridgewater State College Saturday April 28th and for the (10 estimated) delegates to the 2001 MTA Annual Meeting to be held on May 17th, 18th & 19th in Boston. Travel expenses will be paid to support attendance at these two meetings. All Salem Chapter members in good standing, full-time, part-time, and DGCE may nominate themselves.

If you are interested in serving please complete the form below and return to the Chapter Office at: Sullivan Bldg. 205B or call the Chapter Office at X 6366. Thank you for your participation.

Return this form to the Chapter Office at: Sullivan Bldg. 205B or call the Chapter Office at X 6366.

I am willing to serve on the following:

MSCA Delegate Assembly ________

MTA Annual Meeting ________

Name ___________________

Department _______________________