MSCA Files Charge against BHE

July 23, 2017

The MSCA filed a charge of prohibited practice (bargaining in bad faith)  against the Massachusetts Board of Higher Education (our employer of record) with the Massachusetts Department of Labor Relations on July 18, 2017.

Massachusetts General Law, Chapter 150E, (the public sector collective bargaining law) requires that the parties at the table bargain in good faith, including having the authority to make proposals intended to settle negotiations.  The BHE has stated to us repeatedly that they have no authority to make a financial offer.  While we could have filed the charge months ago, the MSCA waited to see if a financial offer would be made before the expiration of the CBA.  No such offer was proffered by June 30th and we decided to file the charge.

The MSCA has won these charges when we were forced to file them in the past.

We do not expect the charge to have a significant effect on the bargaining this year, but having won similar charges in negotiations in the past we will be able to insist, next round if necessary, that the DLR enforce its order, meaning it could compel the BHE to make a “good faith” financial proposal.  No salary increases for three years is highly unlikely to be considered by the DLR to be a good faith offer.

On behalf of the MSCA day bargaining committee,
CJ O’Donnell
MSCA presidnt