AGREEMENT BETWEEN
THE BOARD OF HIGHER EDUCATION AND
THE MASSACHUSETTS TEACHERS ASSOCIATION / NEA
MASSACHUSETTS STATE COLLEGE ASSOCIATION

July 1, 2001 to June 30, 2003

 

TABLE OF CONTENTS

DISCLAIMER

PREAMBLE

ARTICLE I - RECOGNITION AND DEFINITIONS

A. RECOGNITION
B. JURISDICTION
C. DUES CHECK-OFF
D. DEFINITIONS
E. CONSTRUCTION
F. ENTITLEMENT UNDER THIS AGREEMENT

ARTICLE II - RELATIONSHIP BETWEEN THE BOARD AND THE ASSOCIATION

A. FAIR PRACTICES
B. INDIVIDUAL CONTRACTS
C. CONSULTATION
D. INFORMATION
E. FILLING OF VACANCIES

ARTICLE III - USE OF COLLEGE FACILITIES

A. THE ASSOCIATION
B. MEMBERS OF THE BARGAINING UNIT
C. SAFETY PROCEDURES

ARTICLE IV - SUPPLEMENTAL BENEFITS AND HOLIDAYS

A. PAID LEAVES OF ABSENCE
B. UNPAID LEAVES OF ABSENCE
C. INSURANCE
D. TAX-DEFERRED ANNUITIES
E. HEALTH AND SAFETY
F. TRAVEL EXPENSES
G. TUITION WAIVER
H. DEPENDENT CARE ASSISTANCE PLAN (DCAP) / MEDICAL CARE ACCOUNT PLAN (MEDCAP)
I. HEALTH AND WELFARE
J. MISCELLANEOUS PROVISIONS
K. HOLIDAYS 54 TABLE 1-LEAVE ACCRUAL

ARTICLE V - ACADEMIC FREEDOM AND RESPONSIBILITY

A. ACADEMIC FREEDOM
B. ACADEMIC RESPONSIBILITIES

ARTICLE VI - SELECTION AND RESPONSIBILITIES OF DEPARTMENT CHAIRS

A. RESPONSIBILITIES OF THE DEPARTMENT CHAIR
B. SELECTION OF DEPARTMENT CHAIRS
C. DECLARATION OF A VACANCY
D. APPOINTMENT OF AN ACTING CHAIR
E. RECALL OF DEPARTMENT CHAIR
F. REDUCTION OF WORKLOAD OF DEPARTMENT CHAIR
G. WORK YEAR AND STIPENDS FOR DEPARTMENT CHAIRS
H. ESTABLISHMENT OF DEPARTMENTAL COMMITTEES
I. RECRUITMENT AND INTERVIEWING OF CANDIDATES FOR DEPARTMENTAL POSITIONS
J. PROGRAM AREAS
K. DEPARTMENTS OF NAVAL SCIENCE AND MEDICAL SERVICES, MASSACHUSETTS MARITIME ACADEMY; ROTC PROGRAMS
L. APPLICATION OF CERTAIN PROVISIONS OF THIS ARTICLE TO PROGRAM CHAIRS
M. WORKSHOPS

ARTICLE VII - PARTICIPATION IN THE DECISION-MAKING PROCESS

A. INTRODUCTION
B. THE ALL-COLLEGE COMMITTEE: MEMBERSHIP AND RESPONSIBILITIES
C. THE PRESIDENT OF THE COLLEGE: ROLE AND RESPONSIBILITIES
D. COMMITTEES OF THE COLLEGE
E. ROLE OF THE ASSOCIATION AND OF THE STUDENT GOVERNMENT ASSOCIATION
F. PLANS FOR ACADEMIC REORGANIZATION
G. STUDENT ELIGIBILITY
H. STUDENT PARTICIPATION IN DECISION-MAKING
I. COMPLIANCE WITH BOARD TIME SCHEDULES
J. TRUST FUNDS
K. SYSTEM-WIDE TASK FORCES
L. CONFLICT OF INTEREST
M. COLLEGE-WIDE ADVISORY COMMITTEES

ARTICLE VIII - EVALUATIONS

A. CRITERIA FOR EVALUATIONS
B. FREQUENCY OF EVALUATIONS
C. PERIODS RELATED TO EVALUATIONS
D. MATERIALS TO BE USED IN THE CONDUCT OF EVALUATIONS
E. PROCEDURES FOR THE CONDUCT OF EVALUATIONS
F. EVALUATION OF DEPARTMENT CHAIRS
G. EVALUATION BY THE COMMITTEE ON PROMOTIONS
H. EVALUATION BY THE COMMITTEE ON TENURE
I. BASIS FOR PERSONNEL ACTIONS
J. MISCELLANEOUS PROVISIONS
K. EVALUATION FORMS
L. LEAVES OF ABSENCE AS THEY AFFECT ELIGIBILITY FOR PROMOTION
M. EFFECTIVENESS OF PRIOR EVALUATIONS
N. ESTABLISHMENT OF DEPARTMENTAL PEER EVALUATION COMMITTEES
O. SPECIAL PERFORMANCE REVIEWS
P. SALEM STATE COLLEGE/SCHOOL OF SOCIAL WORK

ARTICLE VIII-A - EVALUATION OF UNIT MEMBERS AT THE MASSACHUSETTS MARITIME ACADEMY

A. FACULTY MEMBERS
B. PROFESSIONAL MARITIME FACULTY
C. ADJUNCT INSTRUCTORS
D. APPLICATION OF ARTICLE VIII

ARTICLE VIII-B - EVALUATION OF CAMPUS SCHOOL TEACHERS

A. CRITERIA FOR EVALUATION OF CAMPUS SCHOOL TEACHERS
B. MATERIALS TO BE UTILIZED IN THE EVALUATION OF CAMPUS SCHOOL TEACHERS
C. APPLICATION OF ARTICLE VIII

ARTICLE VIII-C - POST TENURE REVIEW

A. FREQUENCY OF POST-TENURE REVIEW
B. SCOPE OF THE REVIEW
C. PROCEDURES FOR THE REVIEW
D. PROFESSIONAL DEVELOPMENT PLAN
E. GRIEVANCES
F. MISCELLANEOUS

ARTICLE IX - TENURE

A. ENTITLEMENT
B. EVALUATION FOR TENURE
C. APPLICATION TO CERTAIN LIBRARIANS
D. APPLICATION TO CERTAIN CAMPUS SCHOOL TEACHERS
E. REMOVAL OF A TENURED MEMBER OF THE BARGAINING UNIT
F. APPLICATION OF TENURE POLICY

ARTICLE X - RETRENCHMENT

A. INTRODUCTION
B. APPLICATION
C. DEFINITIONS
D. CRITERIA FOR RETRENCHMENT
E. PROCEDURES FOR RETRENCHMENT
F. GENERAL PROVISIONS
G. RIGHTS AND BENEFITS OF RETRENCHED BARGAINING UNIT MEMBERS
H. GRIEVANCES
I. PART-TIME PERSONNEL
J. HOME DEPARTMENTS

ARTICLE X-A - ACADEMIC PROGRAM DEVELOPMENT/NO LAYOFF

A. INTRODUCTION
B. APPLICATION
C. DEFINITIONS
D. RETRENCHMENT
E. CRITERIA FOR RETRENCHMENT
F. PROCEDURES FOR RETRENCHMENT
G. OFFER TO REASSIGN OR TO PROVIDE A PROGRAM OF PROFESSIONAL DEVELOPMENT
H. RIGHTS AND BENEFITS OF RETRENCHED BARGAINING UNIT MEMBERS
I. GRIEVANCES
J. PART-TIME PERSONNEL
K. HOME DEPARTMENTS

ARTICLE X-B - ACADEMIC REORGANIZATION

A. PROGRAMMATIC ACADEMIC ORGANIZATION
B. MERGER, CHANGE OF STATUS OR ABOLITION OF A COLLEGE
C. APPLICATION

ARTICLE XI - GRIEVANCE PROCEDURE

A. INTRODUCTION
B. DEFINITIONS
C. PROCEDURES FOR FILING A GRIEVANCE
D. JURISDICTION OF THE ARBITRATOR
E. DECISION OF THE ARBITRATOR
F. AWARD OF THE ARBITRATOR
G. COSTS OF ARBITRATION
H. ASSOCIATION REPRESENTATION
I. WAIVER, ADMISSION, TERMINATION, AND GROUNDS OF APPEAL
J. COLLATERAL CONSEQUENCES OF A GRIEVANCE
K. RELEASE TIME FOR MEMBERS OF THE BARGAINING UNIT
L. CONSOLIDATED GRIEVANCES
M. GRIEVANCES FILED PRIOR TO THE DATE OF EXECUTION OF THIS AGREEMENT
N. STANDING OF CERTAIN GRIEVANTS

ARTICLE XII - WORKLOAD, SCHEDULING AND COURSE ASSIGNMENTS

A. WORKLOAD OF FACULTY
B. WORKLOAD OF LIBRARIANS
C. REDUCTION OF WORKLOAD FOR CERTAIN MEMBERS OF THE ASSOCIATION
D. ALTERNATIVE PROFESSIONAL RESPONSIBILITIES
E. CLOSINGS DUE TO EMERGENCIES
F. COMPENSATORY ADJUSTMENT FOR EXTRAORDINARY WORKLOAD
G. UNIT WORK

ARTICLE XII-A - WORKLOAD, SCHEDULING AND COURSE ASSIGNMENTS, MASSACHUSETTS MARITIME ACADEMY

A. WORKLOAD OF PROFESSIONAL MARITIME FACULTY
B. ACADEMIC YEAR
C. MILITARY CUSTOMS AND OBLIGATIONS
D. RESPONSIBILITIES OF DEPARTMENT CHAIRS AT THE MASSACHUSETTS MARITIME ACADEMY
E. MASTER AND CHIEF ENGINEER OF THE ACADEMY TRAINING SHIP
F. TRAVEL CONDITIONS
G. FEDERAL REGULATIONS

ARTICLE XII-B - WORKLOAD OF CAMPUS SCHOOL TEACHERS

A. GENERAL PROVISIONS
B. SCHEDULING
C. SCHOOL YEAR AND SCHOOL DAY
D. AMENDMENTS

ARTICLE XIII - SALARY

A. ANNUAL SALARY
B. FUNDING
C. SALARY ADJUSTMENTS
D. RECIPIENTS OF TERMINAL DEGREES
E. ACADEMIC PROMOTIONS
F. MINIMUM SALARY REVIEW: TERMINAL DEGREE ADJUSTMENTS AND PROMOTION INCREASES
G. PAYROLL COMPUTATION
H. APPLICATION TO PART-TIME FACULTY
I. MINIMUM SALARIES
J. MAXIMUM SALARIES
K. TIMES OF PAYMENT
L. REOPENER

ARTICLE XIII-A

MINIMUM SALARY FORMULA
TERMINAL DEGREE DEFINITIONS
EXPERIENCE EXPLANATIONS
MISCELLANEOUS

ARTICLE XIV - PROGRAM OF PROFESSIONAL DEVELOPMENT

A. PURPOSE
B. PROGRAMS OF PROFESSIONAL DEVELOPMENT
C. EVALUATIONS
D. IMPLEMENTATION/FUNDING
E. DEFINITION
F. EXISTING PROGRAMS
G. SUPPORT FOR CONTINUING SCHOLARSHIP

ARTICLE XV - SABBATICAL LEAVE

A. REAFFIRMATION
B. ELIGIBILITY
C. TERMS
D. APPLICATION AND APPROVAL
E. FUNDING/IMPLEMENTATION
F. DEFERRAL

ARTICLE XVI - ACCESS TO OFFICIAL PERSONNEL FILES

ARTICLE XVII - COMPLIANCE WITH BOARD TIME SCHEDULES

ARTICLE XVIII - NO STRIKE OR LOCK OUT PLEDGE

ARTICLE XIX - STATUTORY RESPONSIBILITIES OF THE BOARDS

ARTICLE XX - APPOINTMENT AND PROMOTION

A. DEFINITIONS
B. REQUIREMENTS FOR ELIGIBILITY OF TEACHING FACULTY FOR APPOINTMENT AND PROMOTION C. APPOINTMENT PROCEDURES AND TERMS FOR TEACHING FACULTY
D. REQUIREMENTS FOR ELIGIBILITY OF LIBRARIANS FOR APPOINTMENT AND PROMOTION
E. APPOINTMENT PROCEDURES AND TERMS FOR LIBRARIANS
F. NOTICE OF NON-RENEWAL
G. ELIGIBILITY FOR PROMOTION
H. MISCELLANEOUS PROVISIONS
I. TERMINATION OF A NON-TENURED FACULTY MEMBER OR LIBRARIAN
J. TERMINATION OF CERTAIN LIBRARIANS ONLY FOR JUST CAUSE
K. TERMINATION OF CERTAIN PART-TIME UNIT MEMBERS ONLY FOR JUST CAUSE
L. REVIEW BY CHANCELLOR UPON TERMINATION FOR JUST CAUSE

ARTICLE XX-A - APPOINTMENT AND PROMOTION, MASSACHUSETTS MARITIME ACADEMY

A. REQUIREMENTS FOR ELIGIBILITY OF PROFESSIONAL MARITIME FACULTY AND ADJUNCT INSTRUCTORS FOR APPOINTMENT AND PROMOTION AT THE MASSACHUSETTS MARITIME ACADEMY
B. DEFINITIONS
C. APPLICATION

ARTICLE XXI - DURATION AND EXTENT

A. DURATION
B. EXTENT
C. COST ITEMS AND APPROPRIATION

ARTICLE XXII - AGENCY SERVICE FEE

ARTICLE XXIII - DEDUCTION

ARTICLE XXIV - SUCCESSORS AND ASSIGNS

ARTICLE XXV - SAVINGS CLAUSE


APPENDICES

Note: all appendices are Adobe Acrobat Reader files. Adobe Acrobat Reader software must be loaded on your computer to access files. Please get the software from the Adobe site.

Appendix A:

A-1 PROFESSIONAL ACTIVITIES AND RESPONSIBILITIES: FACULTY (INCLUDING PROFESSIONAL MARITIME FACULTY AND CAMPUS SCHOOL TEACHERS)
A-2 PROFESSIONAL ACTIVITIES AND RESPONSIBILITIES: LIBRARIAN

Appendix B:

B-1 COMPREHENSIVE RESUME
B-2 COMPREHENSIVE RESUME (For Post-Tenure Review Only)

Appendix C:

C-1 STUDENT EVALUATIONS: PROCEDURES (copy of student evaluation form)
C-2 INSTRUCTOR'S COVER SHEET: STUDENT INSTRUCTIONAL REPORT II
C-3 STUDENT INSTRUCTIONAL REPORT II (SIR II)
C-4 STUDENT INSTRUCTIONAL RATING FORM FOR NON-LECTURE COURSES

Appendix D:

D-1 CLASSROOM VISITATION FORM
D-2(a) DEPARTMENT CHAIR OR PEER EVALUATION COMMITTEE EVALUATION OF FULL-TIME FACULTY MEMBER
D-2(b) DEPARTMENT CHAIR EVALUATION OF PART-TIME FACULTY MEMBER
D-3 POST-TENURE REVIEW
D-4 DEPARTMENTAL EVALUATION OF CHAIR
D-5 SPECIAL PERFORMANCE REVIEW

Appendix E:

E-1 DIRECTOR, LIBRARY OR PROGRAM AREA CHAIR OR PEER EVALUATION COMMITTEE EVALUATION OF LIBRARIAN
E-2 EVALUATION OF ADJUNCT INSTRUCTORS: MASSACHUSETTS MARITIME ACADEMY

Appendix F:

F-1 CLASSROOM VISITATION FORM: CAMPUS SCHOOL TEACHER
F-2 PRINCIPAL OR PEER EVALUATION COMMITTEE EVALUATION OF CAMPUS SCHOOL TEACHER

Appendix G:

G VICE PRESIDENT EVALUATION AND RECOMMENDATION

Appendix H:

H STUDENT INFORMATION QUESTIONNAIRE ON DEPARTMENTAL ACADEMIC ADVISING

Appendix I:

I MSCA-BHE ARBITRATION PANEL

Appendix J:

J PAYROLL DUES DEDUCTION AUTHORIZATION

Appendix K:

K AGENCY SERVICE FEE DEDUCTION AUTHORIZATION

Appendix L:

L VOICE OF TEACHERS FOR EDUCATION PAYROLL DEDUCTION AUTHORIZATION

Appendix M:

M-I PERSONNEL CALENDAR 2002-2003
M-II EVALUATION OF PART-TIME FACULTY
M-III POST-TENURE REVIEW

Appendix N:

N-1 UNIFORM LETTER OF APPOINTMENT: TENURE TRACK FACULTY
N-2 UNIFORM LETTER OF APPOINTMENT: TEMPORARY FULL-TIME FACULTY
N-3 UNIFORM LETTER OF APPOINTMENT: FULL-TIME LIBRARIAN
N-4 UNIFORM LETTER OF APPOINTMENT: TEMPORARY FULL-TIME LIBRARIAN

Appendix O:

O-1 SALARY DATA SHEET - FACULTY
O-2 SALARY DATA SHEET - LIBRARIANS

Appendix P:

P ADMINISTRATIVE RIGHT OF RETURN

Appendix Q:

Q MASSACHUSETTS STATE COLLEGE ASSOCIATION: PERSONNEL INFORMATION REQUEST FORM

Additional Items:

MEMORANDUM OF AGREEMENT
"Family Friendly" Leaves and Benefits for State Employees in the Executive Branch


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