SALEM — With the first week of furloughs for Salem State University faculty and librarians set to go into effect next week, members of the Massachusetts State College Association (MSCA) union have raised new legal concerns, claiming that the furloughs may be a violation of the CARES Act.
Higher education institutions that receive funds from the Coronavirus Aid, Relief, and Economic Security (CARES) Act must “continue to pay its employees and contractors during any period of disruption or closures related to coronavirus” to the “greatest extent practicable,” said Daniel Mulcare, the chair of SSU’s political science department in a letter to Salem State President John Keenan.
Mulcare, the chief bargainer for the SSU MSCA chapter, was referencing language in the federal coronavirus relief legislation, through which the university has received millions of dollars, writing that “the law seems to state that if you can’t make payroll, you can receive the money and still do furloughs.
“But we clearly can make payroll,” he wrote. “So it seems like they would be breaking the law if they put us on furlough.”
“I am aware of the language they have raised and do not believe it prohibits furloughs or layoffs,” Keenan said in response. “Over 650,000 positions were eliminated in higher education last year — at both private and public institutions, which have certainly received this federal funding.”
SSU faculty was informed of the furloughs via email on March 4, the latest development in an ongoing dispute between college administration and the union. The furloughs were initially proposed by college administration in July, when it appeared as though the university would be facing a massive $26 million budget shortfall in the coming year.
The MSCA union contested the furloughs, filing a complaint with the state Department of Labor Relations, alleging that the university implemented a furlough program against faculty “without bargaining to resolution or impasse.”
This past January, an investigator determined that, since the union had been unwilling to meet with Salem State to discuss furloughs when they were initially proposed, it had waived its right to bargain “by inaction.” The MSCA has appealed the decision.
Additional federal funding, along with level funding from the state, has since turned the university’s projected budget shortfall into a surplus of between $10-20 million, depending on the amount of additional funds expected from the most recent federal stimulus legislation.
Keenan argued that, despite the surplus, the furloughs remain necessary to deal with a “structural imbalance” in the budget, citing a potential $8-10 million budget deficit in the coming years.
“Would the ideal situation be that we don’t have to furlough anybody?” said Keenan. “Of course. But that was just not our reality at the beginning of the year. And it is not our reality as we find ourselves now looking at significant deficits for years to come.”
If all SSU faculty and staff furloughed, the university would be able to save approximately $3.3 million, Keenan said.
“You don’t know what’s going to happen in the future,” said Mulcare, adding that before it takes actions, such as implementing furloughs, the university should wait to learn if it will receive additional resources from the state and the federal government. “To say that we need to take a furlough today for a budget reality that might come out in two years doesn’t make sense.”
Mulcare also noted that the school had an additional $30 million in reserves, and that no other state colleges in Massachusetts had enacted furloughs.
The American Federation of State, County and Municipal Employees (AFSCME), a trade union that represents support and maintenance staff, and the Association of Professional Administrators, which represents non-faculty administrators, have already taken two weeks of furlough time. Non-union personnel, including Keenan, have also taken furloughs.
The MSCA is hopeful that the university’s budget surplus can be used to repay those workers for their furloughs.
Students have criticized the faculty and staff furloughs. A petition in opposition to the furloughs has been created by Salem State senior Thea Thomaseth, a political science major, which has garnered nearly 800 signatures. A similar student petition released in November received approximately 2,000 signatures.
“I hope that the administration can listen to students and be open to considering alternative solutions,” said Thomaseth, who joined several students to protest in front of Keenan’s office this past Thursday.
She is concerned that the furloughs will have a negative impact on the quality of education offered at the university.
“Usually professors will grade, work with students on research projects and catch up on emails during spring break,” said Thomaseth. “They will not be able to do that. When professors have so much work to do, they will struggle to catch up and serve students’ needs.”
Keenan said he has taken steps to mitigate impacts on students, by scheduling furloughs during spring break and after commencement, while providing contacts for students experiencing academic issues while their professors are furloughed.
The furloughs are set to go into effect on Monday.
