Appeals Court Denies BHE’s/Presidents’ Stay Request
Dear MSCA Faculty and Librarians,
The Massachusetts Appeals Court allowed the MTA’s/MSCA’s motion to intervene (stand in place of the CERB on the matter) regarding the request for a stay of the CERB’s order to immediately comply with the 15% rule (Article XX, Section C(10)). Yesterday the Appeals Court denied the BHE’s/Presidents’ request for a stay of the CERB order, meaning that at this time the CERB order is in effect.
The MTA/MSCA and the CERB argued, in part, that a request for a stay was first properly made of the CERB, not of the Appeals Court. So the BHE/Presidents may now file a request for a stay with the CERB, then, if denied, go back to the Appeals Court. The BHE/Presidents continue to run up legal fees on the matter, money that could be used to comply with the order as the problem has grown for 14 years.
The request for a stay aside, the BHE/Presidents have not indicated any change in their stated intention to appeal the CERB order to the Appeals Court. The request for a stay is intended to allow the Presidents not to have to comply while they try to void the contract language that has been in the contract for 28 years.
We have started working with those universities that have asked the MSCA to help them get into compliance within the terms of the contract. I will keep you informed as more becomes known.
C. J. O’Donnell