A. ANNUAL SALARY

For the purpose of this Article, "annual salary rate" shall, in respect of each member of the bargaining unit, mean the annual salary rate payable to such member of the bargaining unit on December 30, 2000, or on the date of his/her first employment as such (whichever shall be the later), and as it is adjusted from time to time thereafter in accordance with the provisions of this Article.

B. FUNDING

The parties agree that, except as is otherwise expressly provided, all moneys required to be paid pursuant to this Article XIII shall be incremental cost items and subject as such to the provisions of Article XXI of this Agreement and to those of Section 7(c) of Chapter 150E of the General Laws.

C. SALARY ADJUSTMENTS

1. Minimum Salary Review: December 31, 2000

a. With effect on December 31, 2000, the annual salary of every full-time and salaried part-time member of the bargaining unit who was then employed shall be tested against the Minimum Salary Formula as it was (with all prior-effective increases) on that date.

b. With effect on December 31, 2000, the annual salary of any such member of the bargaining unit shall, if it falls below the minimum annual salary rate prescribed by the Minimum Salary Formula as it was (with all prior-effective increases) on that date, be increased by an amount equal to the amount needed to cause it to equal the minimum annual salary rate so prescribed.

2. In-Rank Adjustments: December 31, 2000

With effect on December 31, 2000 (but only following the granting of any increase required to be granted pursuant to the preceding paragraph 1), the annual salary of every full-time and salaried part-time member of the bargaining unit who was then employed shall be increased by the amount, as follows, that corresponds to the rank that he or she holds on such date:

Rank	Amount of Increase
Professor/Senior Librarian	$2000
Associate Professor/Librarian	$1200
Assistant Professor/Associate Librarian	$  500

3. Base Rate Salary Increases: December 31, 2000

a. With effect on December 31, 2000 (but only following the granting of any increase required to be granted pursuant to the preceding paragraph 2), the annual salary of every full-time and salaried part-time member of the bargaining unit who was then employed shall be increased by an amount equal to three percent (3%) thereof.

b. With effect on December 31, 2000 (but only following the granting of the increase required to be granted pursuant to the preceding clause (a)), the annual salary of every full-time and salaried part-time member of the bargaining unit who was then employed and is eligible to be granted the same shall be increased by an amount equal to one percent (1%) thereof: it being the understanding of the parties that no member of the bargaining unit shall be eligible for such increase (i) if his or her performance has been rated unsatisfactory pursuant to Article VIII, §O, of this Agreement, or (ii) if he or she does not hold a terminal degree as defined in Article I, §D, of this Agreement, or a non-terminal Master’s degree with post-Master’s academic work, or the equivalent thereof.

c. With effect on December 31, 2000 (but only following the granting of any increase required to be granted pursuant to the preceding clause (b)), the annual salary of every full-time and salaried part-time member of the bargaining unit who was then employed and is eligible to be granted the same shall be increased by an amount equal to two percent (2%) thereof: it being the understanding of the parties that no member of the bargaining unit shall be eligible for such increase if his or her performance has been rated unsatisfactory pursuant to Article VIII, §O, of this Agreement.

4. Signing Incentive Bonuses: December 31, 2000

With effect on December 31, 2000, every full-time member of the bargaining unit who then holds tenure or a tenure-track appointment shall be paid a signing incentive bonus equal to two and one-half percent (2½%) of his or her annual salary as the same was on that date (a) following all of the increases required to be granted pursuant to the preceding subsections 1, 2 and 3 and (b) including therein the two percent (2%) base rate salary increase required to be granted by the Memorandum of Agreement the parties made as of May 4, 2001.

5. Minimum Salary Review: September 30, 2001

a. With effect on September 30, 2001, the annual salary of every eligible full-time and salaried part-time member of the bargaining unit who is then employed shall be tested against the Minimum Salary Formula as it is (with all prior-effective increases) on that date. For these purposes, a full-time or salaried part-time member of the bargaining unit shall be eligible hereunder only if he or she both requests that his or her annual salary be so tested and demonstrates the likelihood that his or her annual salary falls below the minimum annual salary rate prescribed by the Minimum Salary Formula as it is (with all prior-effective increases) on September 30, 2001.

b. With effect on September 30, 2001, the annual salary of any such member of the bargaining unit shall, if it falls below the minimum annual salary rate prescribed by the Minimum Salary Formula as it is (with all prior-effective increases) on that date, be increased by an amount equal to the amount needed to cause it to equal the minimum annual salary rate so prescribed.

6. Base-Rate Salary Increases: September 30, 2001

a. With effect on September 30, 2001 (but only following the granting of any increase required to be granted pursuant to the preceding subsection 5), the annual salary of every full-time and salaried part-time member of the bargaining unit then employed shall be increased by an amount equal to three percent (3%) thereof.

b. With effect on September 30, 2001 (but only following the granting of the increase required to be granted pursuant to the preceding clause (a)), the annual salary of every full-time and salaried part-time member of the bargaining unit who is then employed and eligible to be granted the same shall be increased by an amount equal to seventy-five one-hundredths percent (0.75%) thereof: it being the understanding of the parties that no member of the bargaining unit shall be eligible for such increase if his or her performance has been rated unsatisfactory pursuant to Article VIII, §O, of this Agreement.

7. Merit Bonus: September 30, 2001

a. With effect on September 30, 2001, there shall be established at each College a pool of moneys for the granting of merit bonuses to full-time and salaried part-time members of the bargaining unit. The amount of the pool of moneys at each College shall be calculated as follows:

(i) there shall first be computed as of that date an amount equal to one and twenty-five one-hundredths percent (1.25%) of the value, aggregated for the nine State Colleges, of the relevant components of the AA unit payroll; for these purposes the relevant components of the AA unit payroll shall be those components of the AA unit payroll attributable to the annual salaries of full-time and salaried part-time members of the bargaining unit, including therein all increases required to be granted pursuant to the preceding subsections 5 and 6;

(ii) the amount computed under the preceding item (i) shall be divided by the number equal to the number, aggregated for the nine State Colleges, of all full-time equivalent members of the bargaining unit (but including in that number only full-time and salaried part-time members of the bargaining unit); and

(iii) the amount computed under the preceding item (ii) shall, for each College, be multiplied by the number of full-time-equivalent members of the bargaining unit (but including in that number only full-time and salaried part-time members of the bargaining unit) who are then employed at such College.

b. On September 30, 2001, the President of each College shall award merit bonuses to full-time and salaried part-time members of the bargaining unit who are employed as such at the College on September 30, 2001. In identifying the recipients of such merit bonuses and the amount of each such bonus, the President shall exercise his or her sole discretion subject only to the following and to the provisions of subsection 11:

i) the amount of each merit bonus shall not exceed One Thousand Five Hundred Dollars ($1,500); and

ii) all of the moneys contained in the pool of moneys established under the preceding clause (a) shall be expended in the form of merit bonuses hereunder.

8. Minimum Salary Review: September 29, 2002

a. With effect on September 29, 2002, the annual salary of every eligible full-time and salaried part-time member of the bargaining unit who is then employed shall be tested against the Minimum Salary Formula as it is (with all prior-effective increases) on that date. For these purposes a full-time or salaried part-time member of the bargaining unit shall be eligible hereunder only if he or she both requests that his or her annual salary be so tested and demonstrates the likelihood that his or her annual salary falls below the minimum annual salary rate prescribed by the Minimum Salary Formula as it is (with all prior-effective increases) on September 29, 2002.

b. With effect on September 29, 2002, the annual salary of any such member of the bargaining unit shall, if it falls below the minimum annual salary rate prescribed in the Minimum Salary Formula as it is (with all prior-effective increases) on that date, be increased by an amount equal to the amount needed to cause it to equal the minimum annual salary rate so prescribed.

9. Base Rate Salary Increases: September 29, 2002

a. With effect on September 29, 2002 (but only following the granting of any increase required to be granted pursuant to the preceding subsection 8), the annual salary of every full-time and salaried part-time member of the bargaining unit who is then employed shall be increased by an amount equal to two and one-half percent (2½%) thereof.

b. With effect on September 29, 2002 (but only following the granting of the increase required to be granted pursuant to the preceding clause (a)), the annual salary of every full-time and salaried part-time member of the bargaining unit who is then employed and eligible to be granted the same shall be increased by an amount equal to seventy-five one-hundredths percent (0.75%) thereof: it being the understanding of the parties that no member of the bargaining unit shall be eligible for such increase if his or her performance has been rated unsatisfactory pursuant to Article VIII, §O, of this Agreement.

10. Merit Bonus: September 29, 2002

a. With effect on September 29, 2002, there shall be established at each College a pool of moneys for the granting of merit bonuses to full-time and salaried part-time members of the bargaining unit. The amount of the pool of moneys at each College shall be calculated in the manner described at subsection 7(a) above, save only that the computation required to be done in accordance with subsection 7(a)(i) shall be done as of September 29, 2002 (including in the computation all increases required to be granted pursuant to the preceding subsections 8 and 9) and shall be done in an amount equal to one and seventy-five one hundredths percent (1.75%).

b. On September 29, 2002, the President of each College shall award merit bonuses to full-time and salaried part-time members of the bargaining unit who are employed as such at the College on September 29, 2002. In identifying the recipients of such merit bonuses and the amount of each such bonus, the President shall exercise his or her sole discretion subject only to the following and to the provisions of subsection 11:

i) The amount of each merit bonus shall not exceed Two Thousand Five Hundred Dollars ($2,500); and

ii) all of the moneys contained in the pool of moneys established under the preceding clause (a) shall be expended in the form of merit bonuses hereunder.

11. Merit Bonuses: Supplementary Provisions

a. The provisions of this subsection 11 shall apply to the granting of merit bonuses under the preceding subsections 7 and 10.

b. All full-time and salaried part-time members of the bargaining unit shall be eligible to receive merit bonuses and shall not apply for them.

c. The Vice President, Academic Affairs, who may first consult with any appropriate dean or deans, shall make recommendations to the President concerning the recipients of merit bonuses and, in each case, the amount of the bonus.

d. The President shall thereafter decide who will be the recipients of merit bonuses and, in each case, the amount of the bonus. The President’s decision shall be final and binding, and neither the President’s decision to deny a bonus nor the President’s decision concerning the amount of any bonus shall be grievable or otherwise subject to Article XI of this Agreement.

e. Within seven (7) days following the date on which merit bonuses are awarded, the President shall inform the Chapter President of the name of each recipient, the amount of each award, and the reason for it.

f. Any unit member who does not receive a bonus or who receives less than the maximum permitted bonus shall be held harmless therefrom on any evaluation, including any post-tenure review.

D. Recipients of Terminal Degrees

1. Degrees Received Prior to September 1, 2001

Whenever during the period commencing on September 1, 2000, and ending on August 31, 2001, any full-time or salaried part-time member of the bargaining unit shall have secured a terminal degree, his or her annual salary rate, as it then is, shall, with effect on August 26, 2001, be increased by the amount of Two Thousand Two Hundred Twenty-Five Dollars ($2,225) unless the value of the terminal degree has already been credited (and used to establish the unit member’s annual salary) on Appendix O-1 or O-2 or in any previous salary equity review.

2. Degrees Received Prior to September 1, 2002

Whenever during the period commencing on September 1, 2001, and ending on August 31, 2002, any full-time or salaried part-time member of the bargaining unit shall have secured a terminal degree, his or her annual salary rate, as it then is, shall, with effect on September 1, 2002, be increased by the amount of Two Thousand Three Hundred Ten Dollars ($2,310) unless the value of the terminal degree has already been credited (and used to establish the unit member’s annual salary) on Appendix O-1 or O-2 or in any previous salary equity review.

3. Degrees Received Prior to September 1, 2003.

Whenever during the period commencing on September 1, 2002, and ending on August 31, 2003, any full-time or salaried part-time member of the bargaining unit shall have secured a terminal degree, his or her annual salary rate, as it then is, shall, with effect on August 31, 2003, be increased by the amount of Two Thousand Three Hundred Eighty-Five Dollars ($2385) unless the value of the terminal degree has already been credited (and used to establish the unit member’s annual salary) on Appendix O-1 or O-2 or in any previous salary equity review. The effect and implementation of this subsection 3 shall be subject to modification by the applicable provisions, if any, of any successor agreement to this Agreement.

4. Degree Received after August 31, 2003

Subject to modification by the applicable provisions, if any, of any successor agreement to this Agreement, the provisions of the preceding subsection 3 shall apply, mutatis mutandis, with respect to each annual period beginning on September 1 and ending on the ensuing August 31, to any full-time or salaried part-time member of the bargaining unit who shall have secured a terminal degree after August 31, 2003.

E. Academic Promotions

1. Promotions Having Effect on September 1, 2001

Whenever any member of the bargaining unit shall have been promoted with effect on September 1, 2001, his or her annual salary shall, with effect on August 26, 2001, be increased by the greater of the amount equal to five percent (5%) thereof (after including therein any increase required to be granted pursuant to the preceding Section D(1)) or the amount, as follows, that corresponds to the rank to which he or she has been promoted:

 

2. Promotions Having Effect on September 1, 2002

Whenever any member of the bargaining unit shall have been promoted with effect on September 1, 2002, his or her annual salary shall, with effect on such date, be increased by the greater of the amount equal to five percent (5%) thereof (after including therein any increase required to be granted pursuant to the preceding Section D(2)) or the amount, as follows, that corresponds to the rank to which he or she has been promoted:

3. Promotions Having Effect on September 1, 2003.

Whenever any member of the bargaining unit shall have been promoted with effect on September 1, 2003, his or her annual salary shall, with effect on August 31, 2003, be increased by the greater of the amount equal to five percent (5%) thereof (after including therein any increase required to be given pursuant to the preceding Section D(3)) or the amount, as follows, that corresponds to the rank to which he or she has been promoted:

The effect and implementation of this subsection 3 shall be subject to modification by the applicable provisions, if any, of any successor agreement to this Agreement.

4. Provisions Having Effect after September 1, 2003

Subject to modification by the applicable provisions, if any, of any successor agreement to this Agreement, the provisions of the preceding subsection 3 shall apply, mutatis mutandis, with effect on the appropriate September 1, to any member of the bargaining unit who shall have been promoted with effect on any September 1 that follows September 1, 2003.

F. MINIMUM Salary Review: Terminal Degree Adjustments and Promotion Increases

1. August 26, 2001

a. With effect on August 26, 2001, the annual salary of every member of the bargaining unit who, on that date, received a terminal degree adjustment or a promotion increase or both shall be tested (after the granting of every such adjustment or increase) against the Minimum Salary Formula as it is (with all prior-effective increases) on that date.

b. With effect on August 26, 2001, the annual salary of any such member of the bargaining unit shall, if it falls below the minimum annual salary rate prescribed by the Minimum Salary Formula as it is (with all prior-effective increases) on that date, be increased by an amount equal to the amount needed to cause it to equal the minimum annual salary rate so prescribed.

2. September 1, 2002

a. With effect on September 1, 2002, the annual salary of every member of the bargaining unit who, on that date, received a terminal degree adjustment or a promotion increase or both shall be tested (after the granting of every such adjustment or increase) against the Minimum Salary Formula as it is (with all prior-effective increases) on that date.

b. With effect on September 1, 2002, the annual salary of any such member of the bargaining unit shall, if it falls below the minimum annual salary rate prescribed by the Minimum Salary Formula as it is (with all prior-effective increases) on that date, be increased by an amount equal to the amount needed to cause it to equal the minimum annual salary rate so prescribed.

3. August 31, 2003

a. With effect on August 31, 2003, the annual salary of every member of the bargaining unit who, on that date, received a terminal degree adjustment or a promotion increase or both shall be tested (after the granting of every such adjustment or increase) against the Minimum Salary Formula as it is (with all prior-effective increases) on that date.

b. With effect on August 31, 2003, the annual salary of any such member of the bargaining unit shall, if it falls below the minimum annual salary rate prescribed in the Minimum Salary Formula as it is (with all prior-effective increases) on that date, be increased by an amount equal to the amount needed to cause it to equal the minimum annual salary rate so prescribed.

The effect and implementation of this subsection 3 shall be subject to modification by the applicable provisions, if any, of any successor agreement to this Agreement.

4. After September 1, 2003

Subject to modification by the applicable provisions, if any, of any successor agreement to this Agreement, the provisions of the preceding paragraph 3 shall apply, mutatis mutandis, with effect on the appropriate September 1, to any member of the bargaining unit who shall have received a terminal degree adjustment or a promotion increase or both with effect on any September 1 that follows September 1, 2003.

G. Payroll Computation

Whenever in Sections C, D, E and F any salary increase is required to be paid in a fixed dollar amount, the value thereof may, where necessary, be increased by a fraction of a dollar for the purpose of causing it to be divisible by the number 26.

H. APPLICATION TO PART-TIME FACULTY

1. Part-Time Faculty at the Massachusetts College of Art

Any member of the bargaining unit who is otherwise eligible to receive any salary increase granted pursuant to any provision contained in the foregoing Section C(1), (2), (5), (7)(b), 8 or 10(b), D, E or F but who, during the whole or any part of the period in respect of which such eligibility is established, is or was employed as such on a part-time basis at the Massachusetts College of Art, shall receive, in lieu of the dollar amount prescribed by such Section, a fraction thereof equal to the fractional value of his/her part-time employment as it is or was during the period in respect of which his/her eligibility for such salary adjustment is established. The fractional equivalent thereof shall be one-eighth (1/8) of a full-time equivalent salary for each three-credit course taught.

2. Part-Time Nursing Faculty at Fitchburg State College

At Fitchburg State College, any part-time member of the bargaining unit who is employed as a clinical instructor in the Nursing Department at Fitchburg State College, who teaches the equivalent of six (6) credit hours of instruction or more and who is paid from the AA account, shall be paid one-eighth (1/8) of the full-time equivalent salary to be paid under Article XIII for each three (3)-credit course taught.

3. Other Part-Time Faculty

a. Except as is provided in the preceding paragraphs 1 and 2 and in the following clauses (b) and (c), the rate of pay for all part-time members of the faculty employed as such shall, with effect on the following dates, be in the following amounts for each three (3)-credit course:

(i) with effect on January 1, 2001: $3,221.00

(ii) with effect on June 24, 2001: $3,382.00

(iii) with effect on June 30, 2002: $3,552.00

b. At Framingham State College, the rate of pay for all part-time members of the faculty employed as such shall, with effect on the following dates, be in the following amounts for each four (4)-credit course:

(i) with effect on January 1, 2001: $4,295.00

(ii) with effect on June 24, 2001: $4,509.00

(iii) with effect on June 30, 2002: $4,735.00

c. At Westfield State College, the hourly rate paid to members of the bargaining unit who teach music courses on an hourly basis shall be $40.00 with effect on January 1, 2001, $42.00 with effect on June 24, 2001, and $44.00 with effect on June 30, 2002.

4. Definition

As used in this Article XIII, the phrase "salaried part-time members of the bargaining unit" shall mean those part-time members of the bargaining unit who are described in the preceding subsections 1 and 2 and shall not mean any of those part-time members of the bargaining unit who are described in the preceding subsection 3.

I. MINIMUM SALARIES

The minimum starting annual salary rate for each full-time member of the bargaining unit and (on a pro-rata basis) for each part-time member of the bargaining unit to which the preceding Section H(1) or (2) is of application shall be calculated in accordance with the Minimum Salary Formula that is set forth in Article XIII-A.

For purposes of the Minimum Salary Formula, the base salary shall be the following with effect on the following dates:

(i) with effect on December 30, 2000: $31,000.00

(ii) with effect on September 30, 2001: $32,165.00

(iii) with effect on September 29, 2002: $33,210.00

Any member of the bargaining unit initially hired with effect on or after December 31, 2000, shall complete one of the Salary Data Forms that are attached to this Agreement as Appendix O-1 (Faculty) and O-2 (Librarians).

A copy of the completed Salary Data Form shall be given to each such unit member and the completed Form shall be placed in the unit member’s Official Personnel File.

The Salary Data Form shall be used to determine the initial minimum starting salary of the unit member. A unit member’s initial starting salary may be above the minimum.

J. MAXIMUM SALARIES

1. Maximum Salary Range

a. With effect on December 30, 2000, the maximum starting salaries of the salary ranges applicable to faculty and librarian ranks shall be as follows:

Professor	$  97,600.00		Senior Librarian	$  93,800.00
Associate Professor	$  91,200.00		Librarian	$  88,000.00
Assistant Professor	$  84,800.00		Associate Librarian	$  84,200.00
Instructor	$  75,800.00		Assistant Librarian	$  70,700.00
			Library Associate	$  64,200.00
			Library Assistant	$  55,900.00

b. With effect on September 30, 2001, the maximum starting salaries of the salary ranges applicable to faculty and librarian ranks shall be as follows:

Professor	$101,300.00		Senior Librarian	$  97,300.00
Associate Professor	$  94,700.00		Librarian	$  91,300.00
Assistant Professor	$  88,000.00		Associate Librarian	$  87,400.00
Instructor	$  78,700.00		Assistant Librarian	$  73,400.00
			Library Associate	$  66,700.00
			Library Assistant	$  58,000.00

c. With effect on September 29, 2002, the maximum starting salaries of the salary ranges applicable to faculty and librarian ranks shall be as follows:

Professor	$104,600.00		Senior Librarian	$100,500.00
Associate Professor	$  97,800.00		Librarian	$  94,300.00
Assistant Professor	$  90,900.00		Associate Librarian	$  90,300.00
Instructor	$  81,300.00		Assistant Librarian	$  75,800.00
			Library Associate	$  68,900.00
			Library Assistant	$  59,900.00

2. Maximum Salary Upon Return

Except as otherwise provided in the Agreement of the parties dated February 8, 1989, persons to whom the provisions of Article X, Section C (5)-(10), are of application shall, in the event that they exercise their administrative right of return, have their salaries fixed at rates that do not exceed the maximum salaries of the salary ranges applicable to faculty and librarian ranks as the same have been established in this Section J of Article XIII.

K. TIMES OF PAYMENT

The Board of Higher Education and the Association agree to the implementation of the Commonwealth’s Human Resources/Compensation Management System ("HR/CMS").

(a) Effective June 30, 1999, or on such later date as may be determined by the Board of Higher Education, all employees covered by the terms and conditions of this collective bargaining agreement shall be paid on a bi-weekly basis.

(b) Effective June 30, 1999, or on such later date as may be determined by the Board of Higher Education, salary payments shall be electronically forwarded by the Board directly to a bank account or accounts selected by the employee for receipt.

(c) To ensure that any of the changes required by HR/CMS are introduced and implemented in the most effective manner, the Association agrees to accept the Commonwealth’s implementation and accepts such changes to business practices, procedures and functions as are necessary to achieve such implementation (e.g., the change to a bi-weekly payroll system). Representatives of the Association will join representatives of the Commonwealth on a Special Labor-Management Committee made up of an equal number of union representatives and management representatives. The Board of Higher Education will exert its best efforts to have a representative of this bargaining unit appointed as a union representative. This committee shall be the sole forum for the parties to discuss any issues of impact to the bargaining unit arising from the implementation of HR/CMS.

(d) (i) In the extraordinary event that the Association alleges that an employee cannot comply with the collective bargaining agreement relative to the electronic transfer due to severe hardship such as inability to access a bank or financial institution during off hours or inability to access an ATM within a reasonable geographic distance from the employee’s worksite or home, the Association may petition the Human Resources Division of the Commonwealth for a Direct Deposit Special Exemption.

(ii) The Human Resources Division, in concert with the Office of the State Comptroller, shall review the request for the Direct Deposit Special Exemption filed by the Association and will notify the Association of its finding.

(iii) No other appeal may be commenced by the employee or the Association relative to the Direct Deposit Special Exemption and further, that the provisions of this clause (d) are not grievable and are inarbitrable.

Anything in the foregoing provisions of this Article to the contrary notwithstanding, whenever any monies shall, pursuant to any provisions of this Article XIII, be due and payable on a date prior to the date on which final action shall have been taken to appropriate the monies necessary to fund such provisions, such monies shall, unless otherwise expressly provided by law, be due and payable not later than sixty (60) days after the date on which such final action shall have been taken.

L. REOPENER

In the event that during the term of this Agreement a collective bargaining agreement is submitted by either the Governor or the Secretary of Administration and Finance and said agreement is funded by the Legislature, and in the event that said agreement involves non-public safety employees of the Commonwealth’s Executive Branch, the Board of Higher Education, the Board of Trustees of the University of Massachusetts or the Trial Court of the Commonwealth, and in the event such agreement contains economic benefits that are greater than the economic benefits that are contained in this Agreement, the parties agree, at the request of either of them, to re-open this Agreement for further negotiations on those economic matters.