On August 4, 2008 the MSCA filed an unfair labor practice against the Board of Higher Education. The basis for the charge is that the BHE has failed to bargain in good faith as it is obligated to do under the state's collective bargaining law (M.G.L. Chapter 150E). This failure consists of refusing to bargain over economic matters and refusing to send representatives to the negotiating table with the authority to bargain over economic matters.
The allegations set forth in the charge against the BHE are described below:
"On February 4, 2008 the MSCA/MTA Bargaining Committee met with the Employer's bargaining committee to commence negotiations for a successor to the parties' 2007-2008 collective bargaining agreement. The expiration date in the 2007-2008 agreement is June 30, 2008.
"The parties met seven times for contract negotiations from February 4, 2008 to May 22, 2008. At six of the meetings the Employer's chief negotiator, Attorney Mark Peters, said, in essence, that the Employer had no economic offer. The reason was that the Secretary for Administration and Finance had not provided the Board of Higher Education with economic parameters.
"At one of the parties' meetings, February 22, 2008, it was understood that there was no economic offer from the Employer; the parties referred to a salary study that the college presidents had completed that was to be presented by the Employer to Administration and Finance with the goal of persuading the Secretary to provide parameters responsive to the salary study.
"The parties scheduled additional meetings in June. The parties did not meet in June, however, because prior to each scheduled meeting Peters reported that the Employer would not make an economic offer. The parties agreed to cancel each meeting.
"The parties met again on July 23, 2008 primarily in order to work on a limited number of non-economic issues that might be resolved apart from an economic offer. During that meeting the MSCA/MTA negotiations spokesperson, Donna Sirutis, announced that the MSCA/MTA no longer accepted the Employer's approach of waiting for parameters before presenting an economic offer at the bargaining table. Sirutis asked that the Employer's committee present a comprehensive proposal at the parties' next meeting on July 28, 2008, including a good faith economic offer. Peters responded that he would make no economic offer the week of July 28th or at any time until the Employer's representatives know what Administration and Finance will authorize.
"Peters also said on June 23, 2008 that he "didn't have any authority to put money on the table absent approval of parameters" by Administration and Finance.
"The parties met on June 28, 2008. Sirutis again asked that the Employer provide a money offer. Peters declined, saying that it would come at too great a price for both parties."
MSCA Home/News 8/26/08