September 15, 2018
Yesterday the MSCA filed an unfair labor practice (ULP) charge against the Board of Higher Education (BHE), our “employer of record,” for failing to file with the governor, within 30 days, the funding request for the day collective bargaining agreement.
While faculty and librarians are expected to adhere to the language in the new contract, the BHE apparently believes it does not have to comply with state law.
Massachusetts General Laws, Chapter 150E, Section 7, Subsection (c) states, in part:
“Every such employer shall submit to the governor, within thirty days after the date on which a collective bargaining agreement is executed by the parties, a request for an appropriation necessary to fund such incremental cost items contained therein as are required to be funded in the then current fiscal year….”
The MSCA signed the tentative agreement (the collective bargaining agreement for purpose of Chapter 150E) on June 20, 2018. Commissioner Santiago did not sign the document until July 16, 2018.
The deadline for the BHE to submit the funding request to the governor was August 15, 2018.
Since then the MSCA has been asking if the funding request was submitted, and for a copy of the submission. Tired of the non-responses and cryptic responses, the MSCA was compelled to file this charge.