June 27,2005
Dear MSCA Members:
Thank you for your patience during what has been an extended period of time awaiting action by the governor on the funding of our new contract. As many of you have noted, the 45-day period for the governor to submit the legislation for funding was over earlier this month. The excerpt below from the collective bargaining law (Chapter 150E) describes this step of the process:
“Whenever the governor shall have failed, within forty-five days from the date on which such request [for an appropriation] shall have been received by him, to recommend to the general court [i.e., the Legislature] that the general court appropriate the monies so requested, the request shall be referred back to the parties for further bargaining.”
Although some governors in the past have taken more than 45 days to act, and we are certainly willing to wait past the 45 days, an unprecedented development occurred instead.
On June 22nd, the MSCA bargaining committee was convened for an emergency meeting with management’s bargaining team (Presidents Antonucci and Mohler-Faria, Attorney Mark Peters and Executive Officer Fred Clark). We were presented with an ultimatum from the Executive Office of Administration & Finance: unless the MSCA agreed to two concessions, no further action by the administration on the contract funding would be taken.
These concessions were (1) to relinquish any claim to further negotiations over economic benefits for FY 2004, which would include withdrawing from the fact-finding case now in the hands of fact-finder Diane Cochran; and (2) to waive the right to arbitrate recommendations by campus governance structures. These concessions would have effect only if the contract is funded.
To the best of our knowledge, such action has never been taken by Administration & Finance under any governor since the collective bargaining law took effect in 1974.
It was made clear to us that agreeing to the conditions sought by A & F was in no way a guarantee that the governor would file the legislative request for funding the contract. All this meant was that if the MSCA agreed to the conditions, the Office of Employee Relations would recommend the contract’s funding to Eric Kriss, the Secretary of Administration and Finance, who must then recommend it to the governor. Refusing would have meant, in effect, that the entire contract – both economic and non-economic provisions – would have been returned to the parties to be completely renegotiated.
After more than three hours of discussion, the MSCA bargaining committee concluded that, barring any legal impediments, the MSCA would agree to A & F’s conditions. This decision was arrived at reluctantly and with a profound sense of anger. On balance, however, and after consultation with both the MTA General Counsel and the MTA Executive Director, this decision seemed to be the most prudent course of action. (The agreement can be found on the MSCA website http://mscaunion.org/contract/mu1.pdf.)
Please know that securing the funding for this contract is the highest priority right now for everyone in MSCA leadership. As you can see from the information above, we are dealing with an administration unlike any other in recent history. Please understand that if there is a hiatus in communication with you, the membership, it is because there is nothing to report, or no action on your part is needed, or the situation is so sensitive and fluid that even commenting on it could affect the outcome of the process itself.
There will be a time for all of us to discuss these events in more detail and to take action to address them. That time is not now. At present, we continue to await the governor’s recommendation on funding our agreement, and we will be in touch as the situation warrants. Thank you again for your patience and understanding.
In solidarity,
Patricia V. Markunas, MSCA President Brad Art Chair, MSCA Bargaining Committee
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