HOUSE DOCKET, NO. 502        FILED ON: 1/11/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1086

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

David B. Sullivan

_________________

To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act to maintain faculty and college excellence in the Commonwealth.

_______________

PETITION OF:

HOUSE DOCKET, NO. 502        FILED ON: 1/11/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1086

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 1244 OF 2011-2012.]

The Commonwealth of Massachusetts

_______________

In the Year Two Thousand Thirteen

_______________

An Act to maintain faculty and college excellence in the Commonwealth.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1. Notwithstanding any law or regulation to the contrary, each public institution of higher education shall, beginning in 2014, and in each succeeding year, subject to collective bargaining with the exclusive representatives of the full time and part time faculty at the public institution of higher education, increase the share of courses taught by full time tenure and tenure track faculty, such that by 2019 at least seventy five percent of undergraduate courses offered on each campus of each public institution of higher education for three or more credits shall be taught by tenured or tenure track faculty; provided, however, that the Board of Higher Education and the University of Massachusetts Board of Trustees shall request, as part of their annual budget request, the appropriate funding to meet the requirements of this section and section seven of this act.

SECTION 2. Notwithstanding any law or regulation to the contrary, all part time and adjunct faculty shall, subject to collective bargaining with the exclusive representatives of the full time and part time faculty at the public institution of higher education, receive pay that is equal, on a pro rata basis, with that of full time non-tenure track faculty of comparable qualifications doing comparable work.

SECTION 3. Notwithstanding any law or regulation to the contrary, a part time or other non-tenure track faculty member at a public institution of higher education carrying at least fifty percent of the established teaching load of tenure track faculty over the course of a twelve month calendar year, shall be eligible for the same healthcare benefits as tenure track faculty members.

SECTION 4. Notwithstanding any law or regulation to the contrary, a part time or non-tenure track faculty member employed at a public institution of higher education shall be eligible for participation in the retirement plans available to tenure track faculty members at that public institution of higher education.

SECTION 5. Notwithstanding any law or regulation to the contrary, each public institution of higher education shall establish a process under which part time and other non-tenure track faculty, after successful completion of a probationary period, receive timely notice of and priority consideration, consistent with other institutional and state policies, for part time and non-tenure track teaching assignments. The provisions of this section are subject to collective bargaining between the public institution of higher education and the exclusive representatives of part time and non-tenure track faculty

SECTION 6. Notwithstanding any law or regulation to the contrary, each public institution of higher education shall create a process for ensuring that qualified non-tenure track faculty members receive preferential consideration in attaining a tenure track position when one becomes available, consistent with department needs, institutional and state affirmative action, and other personnel policies. This process shall ensure that non-tenure track faculty: (1) accumulate seniority; (2) are notified of job openings prior to the job being posted outside of the institution; and (3) are interviewed during the search and screen process. The provisions of this section are subject to collective bargaining between the public institution of higher education and the exclusive representatives of part time and non-tenure track faculty.

SECTION 7. Notwithstanding any law or regulation to the contrary, there shall be created at each public institution of higher education a Faculty Restoration and Equity Fund. In each year subsequent to the passage of this legislation, the state shall make appropriations to the Faculty Restoration and Equity Fund at each public institution of higher education in an amount sufficient to: (1) Advance one-fifth of the way toward meeting the five year goal of increasing the number of undergraduate courses taught by tenure and tenure track faculty members to seventy five percent in each institutional department; and (2) Advance one-fifth of the way toward meeting the five year goal of ensuring that part time and other non-tenure track faculty receive fully comparable pay and benefits to full time tenure and tenure track faculty. These funds shall be used to meet the goals of this legislation.

SECTION 8. Nothing in this legislation shall be construed to either limit or reduce salaries, benefits or hiring rights in existence at any institution of public higher education at the time this legislation passes into law.