HOUSE DOCKET, NO. 1102        FILED ON: 1/15/2019

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2322

The Commonwealth of Massachusetts

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PRESENTED BY:

Paul W. Mark

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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 ensure fair public higher education workplaces.

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PETITION OF:

HOUSE DOCKET, NO. 1102        FILED ON: 1/15/2019

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2322

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-First General Court
(2019-2020)

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An Act to ensure fair public higher education workplaces.

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. Section 3(2)(d) of Chapter 32, as appearing in the 2016 Official Edition, is amended by adding the following new paragraph:

For purposes of this section and notwithstanding the provisions of this chapter or any other general or special law, rule or regulation to the contrary, any faculty who teach the equivalent of at least two three credit courses per semester or four three or more- credit courses per calendar year at one or more of the public institutions of higher education, including a division of continuing education, regardless of funding source, including but not limited to subsidiary account CC, shall be considered an employee eligible for membership in the state employees retirement system and shall earn creditable service for such time.

SECTION 2. Section 4(2)(b) of Chapter 32, as appearing in the 2016 Official Edition, is amended by inserting the following in line 459 after the word “membership;”:

provided, that in the case of any faculty employed at one or more of the public institutions of higher education, the board shall credit as at least one-half year of service, actual service teaching the equivalent of at least four three- credit courses per calendar year;

SECTION 3. Section 4(2)(c) of Chapter 32, as appearing in the 2016 Official Edition, is amended by adding the following paragraph:

For faculty employed at one or more of the public institutions of higher education, the board, in accordance with the provisions of this section, shall allow credit for any previous period of service equivalent to teaching at least four three- credit courses per calendar year at one or more state higher education institution, including a division of continuing education, regardless of funding source, including but not limited to subsidiary account CC.

SECTION 4. Section 1 of Chapter 32, as appearing in the 2016 Official Edition, is amended by inserting the following sentence in line 455 after the word “fund”:

In the case of part-time faculty employed at one or more of the public institutions of higher education, the full salary and wages received for teaching credit courses at one or more of the public institutions of higher education, including a division of continuing education, regardless of funding source, including but not limited to subsidiary account CC, shall be regarded as regular compensation and shall be included in the salary on which deductions are to be paid to the annuity savings fund.

SECTION 5. Section 2 ( e ) of chapter 32A of the General Laws, as appearing in the 2016 Official Edition, is hereby amended in line 117 by inserting after the word “hours” the following: - “; or a faculty member who teaches the equivalent of at least two three or more- credit courses per semester, or four three or more- credit courses per calendar year at one or more of the public institutions of higher education in the state, as set forth in section 5 of chapter 15A, including a division of continuing education, regardless of funding source, including but not limited to subsidiary account CC, and regardless of the term of employment or participation or membership in a retirement system or plan; provided, that the commonwealth, not the public higher education institutions, shall bear the cost.”

SECTION 6. Notwithstanding any general or special law, rule or regulation to the contrary, the state employees retirement system shall contribute an amount not less than seven and one half percent of each employee's regular compensation for all part-time or non-tenure track faculty members employed at a public institution of higher education who are enrolled in the Commonwealth’s SMART Plan, as permitted by the federal Omnibus Budget Reconciliation Act of 1990.

SECTION 7. Notwithstanding any general or special law, rule 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, which shall include, but not be limited to, teaching, research and service.

SECTION 8. Notwithstanding any general or special law, rule 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 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 institutions of higher education and the exclusive representatives of part-time and non-tenure track faculty.

SECTION 9. Notwithstanding any general or special law, rule 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 full and fair 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 10. Subsection (b) of section 7 of chapter 150E of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by deleting the first sentence and inserting in place thereof the following sentence:-

The employer, other than the chief justice for administration and management, a county sheriff, the PCA quality home care workforce council, the alcoholic beverage control commission, or the state lottery commission, shall submit to the appropriate legislative body within thirty days after the date on which the agreement is executed by the parties, a request for an appropriation necessary to fund the cost items contained therein; provided, that if the general court is not in session at that time, such request shall be submitted at the next session thereof. If the appropriate legislative body duly rejects the request for an appropriation necessary to fund the cost items, such cost items shall be returned to the parties for further bargaining. The provisions of the preceding two sentences shall not apply to agreements reached by school committees in cities and towns in which the provisions of section thirty-four of chapter seventy-one are operative. For the board of higher education and the board of trustees of the University of Massachusetts, the provision of section seven I of chapter twenty-nine, or any other general or special law, rule or regulation, shall not preclude the employer from submitting an appropriation request directly to the general court pursuant to this section.

SECTION 11. Subsection (c) of section 7 of said chapter 150E, as so appearing, is hereby amended by deleting the first sentence and inserting in place thereof the following sentence:-

The provisions of this paragraph shall apply to the chief justice for administration and management, a county sheriff, the PCA quality home care workforce council, the department of early education and care with regard to bargaining with family child care providers, the alcoholic beverage control commission, Massachusetts Department of Transportation and the state lottery commission.

SECTION 12.

Section 5 of Chapter 32A, as appearing in the 2016 Official Edition, is amended by inserting the following in line 8 after the word “occurs;” the following:-

provided, that any employee may elect to have commission health coverage to begin on the first day of employment;

SECTION 13. Nothing in this act shall be construed to either limit or reduce salaries, benefits or hiring rights in existence at any public institution of higher education at the time this legislation passes into law.