Board of Higher Education v. Commonwealth Employment Relations Board
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The Supreme Judicial Court affirmed the decision of the Commonwealth Employment Relations Board upholding a certain provision in a collective bargaining agreement between the Board of Higher Education (BHE) and the Massachusetts State College Association, holding that the provision was a proper subject of collective bargaining.
The provision at issue placed a cap on the percentage of courses taught by part-time faculty at the Commonwealth's State colleges. On appeal, the BHE argued that although it bargained for this provision, the provision was not enforceable because it impermissibly intruded on the nondelegable managerial prerogatives of the State college boards of trustees. The Supreme Judicial Court affirmed, holding that the provision was valid and enforceable.
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