October 10, 2014
Dear MSCA Faculty and Librarians,
In July Governor Patrick submitted
a funding bill (H 4301) to fund certain FY 2014 deficiencies. Included in
that bill was language to ratify a number of collective bargaining agreements
that had been settled at that point, which did not included ours since we
did not finally settle until August 25th.
Yesterday the House amended the bill,
included the MSCA contract in the ratification section, and pass the bill.
The Senate may take the bill up as early as Tuesday. The bill number has changed
to H 4504 (APA and AFSCME contracts are also included).
The Governor is taking the position
that sufficient funds have already been appropriated to fund the contracts
in the reserve account created in the FY 2015 budget ($5,551,224, line item
1599-4440) and, as a result, he has recommended this legislation declaring
the contracts “valid and enforceable” for the purposes of M.G.L. Ch. 150E,
§7(c). Such legislation, if enacted, would mean that the General Court has
ratified the contracts and the funds from the reserve account could then be
The universities requested that the
DHE submit a request for an additional $2.33 million since they compute the
FY 2015 cost to be $7.88 million. I have been told that the DHE requested
the additional funding, but since the governor claims that sufficient funds
have been appropriated, he has not requested supplemental funds.
This does not necessarily mean
that the increases would be paid if the bill is enacted.
The DHE or the presidents may claim that there are insufficient funds to pay
the increase and not implement them, in which case the MSCA will take steps
to see that the increases are paid as soon as possible, with interest at the
statutory rate. If there are any bumps along the way I will be back and touch.
If it is necessary to have member email and make phone calls, I will be back
in touch. However, for now I ask that you wait and let the process continue
to move forward.
C. J. O'Donnell
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