The MSCA filed an unfair labor practice charge with the Department of Labor Relations (DLR) for both the day and DGCE units in January 2016.
The charges were filed based on the MSCA learning in the summer of 2015 that candidates for bargaining unit position at several of the state universities were being required to sign authorizations allowing the universities to conduct Criminal Offender Record Information (CORI) checks before the candidates were to be employed. The MSCA has no authority to intervene between the employer and candidates for bargaining unit positions – no union has that authority.
However, the authorization forms that candidate have signed allow the universities to conduct CORI checks for up to a year (“open authorization”) after the authorization is signed. For librarians, full-time, DGCE and certain part-time faculty (in their second or more consecutive semester of employment) these open authorizations run into the period when these employees are in the MSCA bargaining unit and the universities cannot require open authorizations without first bargaining the issue.
The MSCA sent a cease and desist letter and tried to resolve the matter with the presidents. There was no progress and the MSCA filed the charges to protect our members.
The DLR hearing was to be this Tuesday afternoon. Last week the president agreed to not act on any open authorizations bargaining unit member had signed and would work with the MSCA on changing the language on the authorization forms to address our concerns.
If you are informed that the university is going to conduct a CORI check on you contact the MSCA immediately. There are circumstances under which the universities can (as required by law) perform a CORI on you. We can assist you in finding out if the check is required.