MEMORANDUM OF AGREEMENT

This Memorandum of Agreement is made this 17^th day of July, 2000, by and between the Board of Higher Education (the "board") and the Massachusetts Teachers Association, acting by and for the Massachusetts State College Association (jointly, the "Association").

WHEREAS the Board and the Association are parties to a collective bargaining agreement that was made between them with effect on July 1, 1995 (the "Agreement"); and

WHEREAS the Board and the Association are parties to a Memorandum of Agreement that was made between them with effect on March 12, 1999, and by the provisions of which certain amendments were made to the Agreement and the term thereof was extended for and through the one-year period ended June 30, 1999; and

WHEREAS the Board and the Association are desirous of making certain further amendments to the Agreement and of extending the term thereof for and through the further one-year period that ended June 30, 2000;

NOW, THEREFORE, in consideration of the foregoing and of the mutual covenants that are hereinafter set forth, the Board and the Association hereby agree as follows:

1. Extension of Time. The term of the Agreement is hereby extended for and through the period ending June 30, 2000.

2. Salary Increases

(a) Full-Time Faculty and Librarians

1. Salary Increase: January 1, 2000

With effect on January 1, 2000, the annual salary rate, as it then is, of every full-time member of the bargaining unit who shall have been employed as such on January 1, 2000, shall be increased by an amount equal to three percent (3%) thereof.

2. Bonus: January 1, 2000

Every full-time member of the bargaining unit who shall have been employed as such on January 1, 2000, shall be paid, as a bonus and not as an increase in his or her annual salary rate, an amount equal to one percent (1%) of his or her annual salary rate in effect after the increase in Section 2 (a) (i).

3. Part-Time Faculty: Massachusetts College of Art

The provisions of this sub-section (a) shall apply to regular part-time faculty at the Massachusetts College of Art who are paid an annual salary and the provisions of the sub-sections (b) shall not apply to them.

(b) Part-Time Faculty

1. Salary Increase: January 1, 2000

For the period from and including the spring semester of the academic year 1999-2000, part-time faculty who are members of the bargaining unit shall, in lieu of the rates of compensation prescribed at Article XIII, Section E (3), of the Agreement, be paid the following:

1. those part-time faculty to whom section E 3 (a) of Article XIII applies shall be paid $3065 for each three (3)-credit course; and

2. those part-time faculty to whom section E 3 (b) of Article XIII applies shall be paid $4090 for each four (4)-credit course.

The sums payable pursuant to the preceding paragraphs (A) and (B) shall be prorated for courses bearing more or fewer credits that those identified in paragraphs (A) and (B) respectively. Music instructors at Westfield State College shall be paid $38.38 per hour.

1. Bonus: January 1, 2000

Every part-time member of the bargaining unit who shall have been employed as such during the spring semester of the academic year 1999-2000 shall be paid, as a bonus and not as an increase in his or her rate of compensation, an amount equal to one percent (1%) of the compensation, including all compensation due pursuant to the preceding clause (i), that has been paid or is payable to him or her for any course or courses taught during the spring semester of the academic 1999-2000.

(c) General

1. Salary Equity Formula

With effect on January 1, 2000, the base, so called, of the Salary Equity Formula contained in Appendix A of Article XIII of the Agreement shall be $28,703. All other amounts used in the Salary Equity Formula shall be increased by 3% effective January 1, 2000.

2. Maximum Salary Range

With effect on January 1, 2000, each of the maximum salaries depicted in the salary range that is contained in Article XIII, Section G, of the Agreement shall be increases by six and nine one-hundredths percent (6.09%).

3. Health and Welfare. With effect on July 1, 1999, the contribution the Commonwealth is required to make to the Health and Welfare Fund on behalf of each full-time employee equivalent shall be increased to Eight Dollars ($8.00) per calendar week.

4. Student Evaluations

1. New Forms. The Agreement shall be amended as follows:

1. Section D 1 a of Article VIII of the Agreement shall be stricken from it, and there shall be inserted in its place the section D 1 a that is annexed to this Memorandum of Agreement as its Appendix A.

2. Section D 2 a of Article VIII of the Agreement shall be stricken from it, and there shall be inserted in its place the section D 2 a that is annexed to this Memorandum of Agreement as its Appendix B.

1. Appendices C-2, C-3 and C-4 of the Agreement shall be stricken from it, and there shall be inserted in their place the Appendices C-2 ("Instructor's Cover Sheet") and C-3 ("Student Instructional Report II") that are annexed to this Memorandum of Agreement as its Appendix C. and that are there marked, respectively, as "Appendix C-2" and "Appendix C-3."

1. Hold Harmless Provision. The Board and the Association state and acknowledge that no student evaluations were conducted pursuant to Article VIII, Section D 1 a or 2 a, during the fall semester of the spring semester of the academic year 1999-2000; and they hereby agree, therefore, that the absence of such student evaluations from the evaluation record of any member of the bargaining unit shall not be considered, either positively or negatively, in the evaluation or his or her teaching effectiveness.

2. Fall Semester 2000. During the fall semester of the academic year 2000-2001, the Board will offer the same preliminary training to both faculty and administrators concerning the use and administration of the new student evaluation forms. During such semester, no student evaluations will be conducted, and the provisions of the preceding sub-section (b) will apply to such semester.

3. Conduct of Student Evaluations. During and after the spring semester of the academic year 2000-2001, student evaluations shall be conducted in accordance with this Section 4. Student evaluations conducted in accordance with this Section 4 shall first be used during the fall semester of the academic year 2001-2002; provided only that such student evaluations shall be so used only if the salary and other increases payable to members of the bargaining unit pursuant to Section 2 of this Memorandum of Agreement shall have been paid to them no later than September 1, 2001. If such increases have not been paid by September 1, 2001, the provisions of the preceding sub-section (b) will apply.

4. Term. The student evaluation system in this Section 4 shall cease to be used by the parties on the stated expiration date of the agreement that is the successor (the "Successor Agreement") to the Agreement. The provisions of the preceding sub-section (b) will apply to any semester thereafter for which the parties have not agreed on a student evaluation system.

5. Continued Negotiations. If post-tenure review and/or merit pay are subjects of negotiations for the Successor Agreement, the use of student evaluations in conjunction with these issues shall also be the subject of such negotiations. Student evaluations shall not otherwise be the subject of such negotiations.

5. Massachusetts Maritime Academy. The Agreement shall be amended in the particular respects that are depicted in the document that is annexed to this Memorandum of Agreement as its Appendix D. The matters addressed in Appendix D shall not be the subject of the parties' negotiations for a Successor Agreement. The provisions in Article XII-A, Section A1 of the Agreement that now read as follows, to wit:

In addition to the foregoing, each member of the Professional Maritime Faculty has the obligation, among others, to maintain or upgrade marine licenses or similar certificates in force, renewing the same as required,

shall be the subject of such negotiations.

6. HR/CMS. The grievances that the Association has initiated and pursued to arbitrations with respect to the two changes in practices related to the Commonwealth's Human Resource/Compensation Management System (HR/CMS) and that bear the numbers 6/98-99/C/A and 2/99-00/C/A the Association hereby withdraw, and the same shall be deemed to have been dismissed with prejudice. The Association further undertakes and agrees that it will decline to submit to arbitration any grievance that any member of the bargaining unit files or has filed and that presents the issues that were presented by the grievances that the Association hereby withdraw.

WHEREFORE the Board and the Association, acting by persons duly authorized therein, hereunder set their signs and seals on the date first above written.