BOT/UFF Collective Bargaining Agreement 2009-2012

BOT/UFF Collective Bargaining Agreement 2009-2012
FLORIDA ATLANTIC UNIVERSITY
BOARD OF TRUSTEES/UNITED FACULTY OF FLORIDA
COLLECTIVE BARGAINING AGREEMENT
2009-2012
Ratified 10/20/2010
Table of Contents
PREAMBLE ..................................................................................................................... 5 ARTICLE 1 ...................................................................................................................... 6 RECOGNITION ............................................................................................................... 6 ARTICLE 2 ...................................................................................................................... 7 CONSULTATION ............................................................................................................ 7 ARTICLE 3 ...................................................................................................................... 7 FAU CHAPTER UFF PRIVILEGES ................................................................................. 7 ARTICLE 4 .................................................................................................................... 10 RESERVED RIGHTS .................................................................................................... 10 ARTICLE 5 .................................................................................................................... 10 ACADEMIC FREEDOM AND RESPONSIBILITY ......................................................... 10 ARTICLE 6 .................................................................................................................... 11 NONDISCRIMINATION................................................................................................. 11 ARTICLE 7 .................................................................................................................... 13 MINUTES, RULES, AND BUDGETS ............................................................................ 13 ARTICLE 8 .................................................................................................................... 14 APPOINTMENT ............................................................................................................ 14 ARTICLE 9 .................................................................................................................... 19 ASSIGNMENT OF RESPONSIBILITIES ....................................................................... 19 ARTICLE 10 .................................................................................................................. 22 EMPLOYEE PERFORMANCE EVALUATIONS ............................................................ 22 ARTICLE 11 .................................................................................................................. 26 EVALUATION FILE ....................................................................................................... 26 ARTICLE 12 .................................................................................................................. 27 NON-REAPPOINTMENT .............................................................................................. 27 ARTICLE 13 .................................................................................................................. 29 LAYOFF ........................................................................................................................ 29 ARTICLE 14 .................................................................................................................. 31 PROMOTION PROCEDURE ........................................................................................ 31 ARTICLE 15 .................................................................................................................. 33 TENURE AND PERMANENT STATUS ........................................................................ 33 ARTICLE 16 .................................................................................................................. 37 DISCIPLINARY ACTION AND JOB ABANDONMENT.................................................. 37 Page 2 of 100
ARTICLE 17 .................................................................................................................. 39 LEAVES ........................................................................................................................ 39 ARTICLE 18 .................................................................................................................. 51 INTELLECTUAL PROPERTY ....................................................................................... 51 ARTICLE 19 .................................................................................................................. 54 CONFLICT OF INTEREST/OUTSIDE ACTIVITY .......................................................... 54 ARTICLE 20 .................................................................................................................. 55 GRIEVANCE AND ARBITRATION PROCEDURE ........................................................ 55 ARTICLE 21 .................................................................................................................. 63 OTHER EMPLOYEE RIGHTS ...................................................................................... 63 ARTICLE 22 .................................................................................................................. 64 STUDY LEAVE AND SABBATICALS............................................................................ 64 ARTICLE 23 .................................................................................................................. 68 SALARIES ..................................................................................................................... 68 ARTICLE 24 .................................................................................................................. 73 BENEFITS ..................................................................................................................... 73 ARTICLE 25 .................................................................................................................. 77 REPEALED 10/2009 ..................................................................................................... 77 ARTICLE 26 .................................................................................................................. 77 PAYROLL DEDUCTION ............................................................................................... 77 ARTICLE 27 .................................................................................................................. 78 MAINTENANCE OF BENEFITS .................................................................................... 78 ARTICLE 28 .................................................................................................................. 78 MISCELLANEOUS PROVISIONS................................................................................. 78 ARTICLE 29 .................................................................................................................. 79 SEVERABILITY ............................................................................................................. 79 ARTICLE 30 .................................................................................................................. 80 DURATION ................................................................................................................... 80 ARTICLE 31 .................................................................................................................. 80 TOTALITY OF AGREEMENT ....................................................................................... 80 ARTICLE 32 .................................................................................................................. 81 DEFINITIONS ............................................................................................................... 81 SIGNATURES ............................................................................................................... 83 APPENDIX A ................................................................................................................. 84 Page 3 of 100
APPENDIX B ................................................................................................................. 87 APPENDIX C ................................................................................................................ 91 APPENDIX D ................................................................................................................ 93 APPENDIX E ................................................................................................................. 95 APPENDIX F ................................................................................................................. 96 APPENDIX G ................................................................................................................ 97 Page 4 of 100
PREAMBLE
The intent of the parties hereto in carrying out their responsibilities to negotiate the
terms and conditions of employment of members of the bargaining unit is to promote the
quality and effectiveness of education at FAU and to maintain high standards of
academic excellence in all phases of instruction, research, and service. The parties
concur that these objectives are facilitated by amicable adjustment of matters of mutual
interest. It is recognized by the parties that mutual benefits are to be derived from
continual improvement at FAU, and that participation of faculty and professional
employees in the formulation of policies under which they provide their services is
educationally sound.
While the United Faculty of Florida (hereinafter UFF), as the certified bargaining agent,
retains the exclusive right to negotiate and reach agreement on terms and conditions of
employment for the members of the bargaining unit, and the FAU Board of Trustees
(hereinafter the Board) retains its rights, under law, to manage and direct the parties,
recognize the desirability of a collegial governance system for faculty and professional
employees in areas of academic concern. It is desirable that the collegial system of
shared governance be maintained and strengthened throughout FAU so that employees
will have a mechanism and procedure, independent of the collective bargaining
process, for making recommendations to appropriate administrative officials.
Collegiality in academic governance can best be accomplished through senates
selected by representatives of the appropriate campus constituencies in accordance
with FAU’s University Faculty Senate constitution and tradition. Appropriate matters of
concern should be brought before the Senate by its members or steering committee, or
by the President of the University or designated representatives. Among matters which
may be of concern to Senates include: (a) curriculum policy and curricular structure; (b)
requirements for degrees and granting of degrees; (c) policies for recruitment,
admission, and retention of students; (d) the development, curtailment, discontinuance,
or reorganization of academic programs; (e) grading policies; and (f) other matters of
traditional concern.
In such a collegial system, departments or other traditional governance structures
should play an active and responsible role in academic matters, including significant
involvement in the recruitment of new faculty and professional employees, the development of high quality programs, participation in the development of tenure, promotion,
and merit salary increase criteria, participation in the selection of instructional and
library materials, and other matters of professional concern. The collegial relationship is
most effective when peers work critically together to carry out their duties in the most
professional manner possible.
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In recognition of the importance of the collegial system of governance described herein,
the President or their representatives shall confer regularly with representatives from
the FAU Senate or equivalent bodies.
This Preamble is a statement of intent and policy and is, therefore, not subject to Article
20, Grievance Procedure.
ARTICLE 1
RECOGNITION
1.1
Bargaining Unit.
The Board has recognized the UFF as the exclusive
representative, solely for the purpose of collective bargaining with respect to wages,
hours, and other terms and conditions of employment as specifically set forth in this
Agreement, for all employees in the bargaining unit pursuant to Certification Order
Number 04E-010, dated January 9, 2004. Attached as Appendix "A," for information
purposes only and not made a part of the Agreement, is the listing of titles included in
the General Faculty bargaining unit.
1.2
Board and University Regulations and Policies.
(a)
If there is an inconsistency between an existing University regulation or
policy or Board regulation or policy and an express provision of this Agreement, the
Board agrees to follow the language of the Agreement.
(b)
No new, existing or amended Board or University regulation, policy, or
resolution shall apply to employees if it conflicts with an express term of the Agreement.
(c)
The Board shall provide to the UFF advance copy of any proposed
regulation or policy changing a term or condition of employment contained in this
Agreement.
The Board or the University, as the case may be, shall provide the
advance copy of a proposed regulation no later than the notice period under the
provisions of the Regulation Development Procedure for State University Boards of
Trustees. The advance copy of a policy shall be provided to the UFF, at least two (2)
weeks in advance of its effective date so as to permit the UFF to seek consultation with
respect to it. With respect to a regulation adopted pursuant to the emergency provisions
of the Regulation Development Procedure, an advance copy shall be provided as far in
advance of its effective date as is feasible under the circumstances.
(d)
If the Board or a committee of the Board has scheduled public hearings on
any Board action that would conflict with an express term of this Agreement, the UFF
shall not be denied the opportunity to address the matter.
(e)
If any proposed regulation, policy, or resolution would modify an express
term of this Agreement, the Board or its designee shall engage in collective bargaining
with respect to the change upon the UFF's request.
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1.3
Right to Hear Views. Nothing contained in this Agreement shall be construed to
prevent the Board or the University from meeting with any individual or organization to
hear views on any matter, provided however, that as to any such matter which is a
proper subject of collective bargaining and covered by a term of this Agreement, any
changes or modification shall be made only through negotiation and agreement with the
UFF.
ARTICLE 2
CONSULTATION
2.1
Consultation with President. The President or the designated representatives
shall meet with the UFF Chapter representatives to discuss matters pertinent to the
implementation or administration of this Agreement, University actions affecting terms
and conditions of employment unique to the University, or any other mutually agreeable
matters. Such meetings shall occur once (1) per semester in the academic year and
once (1) during the summer term unless the parties agree to meet more frequently. The
party requesting consultation shall submit a written list of agenda items no less than one
(1) week in advance of the meeting. The other party shall also submit a written list of
agenda items in advance of the meeting if it wishes to discuss specific issues. The
parties understand and agree that such meetings may be used to resolve problems
regarding the implementation and administration of the Agreement; however, such
meetings shall not constitute or be used for the purpose of collective bargaining.
2.2
FAUS Consultation. The Executive Director of the A.D. Henderson University
School and the FAU High School (collectively referred to herein) as "Florida Atlantic
University Schools" or "FAUS" or his or her representative shall meet with the FAU UFF
Chapter representatives to discuss matters pertinent to the implementation or
administration of this Agreement, University actions affecting terms and conditions of
employment unique to the University or the FAUS, or any other mutually agreeable
matters. Such meetings shall occur once (1) per semester in the academic year, unless
the parties agree to meet more frequently. The party requesting consultation shall
submit a written list of agenda items no less than one (1) week in advance of the
meeting. The other party shall also submit a written list of agenda items in advance of
the meeting if it wishes to discuss specific issues. This section shall not preclude FAUS
issues from being raised at the consultations described in Sections 2.1, above. The
parties understand and agree that such meetings may be used to resolve problems
regarding the implementation and administration of the Agreement; however, such
meetings shall not constitute or be used for the purpose of collective bargaining.
ARTICLE 3
FAU CHAPTER UFF PRIVILEGES
3.1
Use of Facilities and Services. Subject to the regulations of the Board and
University policies, the UFF shall have the right to use University facilities for meetings
and all other services on the same basis as they are generally available to other
University-related organizations.
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3.2
Communications.
(a)
The University will place a link in an appropriate place on the University
web site to the web site of the FAU Chapter of UFF.
(b)
Accessing existing University e-mail listservs or establishing a new listserv
allowing the UFF electronic communications with employees shall be the subject of
consultation pursuant to Article 2, Consultation. UFF agrees to pay a reasonable
annual fee to the University if access to a University maintained e-mail listserv is
provided. However, such listservs may not be used for election campaigns for public
office or for exclusive collective bargaining representation. Employees who are e-mail
recipients of the listserv shall have the right to have themselves removed from the
listserv upon their written request.
3.3
Leave of Absence -- Union Activity.
(a)
At the written request of the UFF, provided no later than May 1 of the year
prior to the beginning of the academic year when such leave is to become effective, a
full-time or part-time leave of absence for the academic year shall be granted to up to
three (3) employees designated by the UFF for the purpose of carrying out UFF's
obligations in representing employees and administering this Agreement, including
lobbying and other political representation. Such leave may also be granted to up to
two (2) employees for the entire summer term, upon written request by the UFF
provided no later than March 15 of the preceding academic year. Upon the failure of
the UFF to provide the Board with a list of designees by the specified deadlines, the
Board may refuse to honor any of the requests which were submitted late.
(b)
The UFF shall reimburse the University for the employee's salary, fringe
benefits, and retirement.
(c)
Employees on full-time leave under this paragraph shall be eligible to
receive salary increases in accordance with the provisions of Section 17.3. Employees
on less than full-time leave under this paragraph shall be eligible to receive salary
increases on the same basis as other employees.
(d)
An employee who has been granted leave under this Article for two (2)
consecutive academic years shall not again be eligible for such leave until two (2)
consecutive academic years have elapsed following the end of the leave. Four (4)
employees, designated by the UFF, shall be exempt from the provisions of this
subsection. Other exceptions may be granted at the discretion of the Board upon prior
written request by the UFF.
(e)
The University or the Board shall not be liable for the acts or omissions of
said employees during the leave and the UFF shall hold the University and Board
harmless for any such acts or omissions, including the cost of defending against such
claims.
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(f)
An employee on such leave shall not be evaluated for this activity nor shall
such activity be considered by the University in making personnel decisions.
3.4
Released Time.
(a)
Defined. A "Unit" of released time shall consist of a reduction in teaching
load of one course for Fall or Spring semester or a 25% reduction in academic
assignment for Fall or Spring semester for instructional employees or, for non-teaching
employees, a reduction in workload of ten (10) hours per week. The employee and the
Chair/Dean, will decide how to implement the released time.
(b)
Types.
1.
Representation and Contract Administration. The Board agrees to
provide a total of two (2) units of released time for both Fall and Spring Semesters and
one unit of released time for Summer to full-time employees designated by the UFF for
the purpose of carrying out the UFF's obligations in representing employees and
administering this Agreement. The UFF may designate employees to receive released
time during the academic year, subject to the following conditions: no more than one (1)
employee per fifteen (15) employees per department/unit may be granted released time
at any one time, nor may any employee be granted more than a two (2) unit reduction in
a single semester. The UFF shall provide the Board with a list of requested designees
for the academic year no later than May 1 of the preceding academic year. Upon
approval of the designees by the Board, the designees shall serve for one (1) academic
year. Substitutions for the spring semester may be made upon written notification
submitted by the UFF to the Board no later than October 15.
2.
Collective Bargaining Released Time. The Board will provide
released time for a bargaining team representing the UFF for the purposes of engaging
in collective bargaining upon the expiration of the contract. Released time will be
provided to no more than four (4) members. Collective bargaining released time will be
provided during the Spring 2012 semester. Released time will consist of four (4) units
as defined in Section 3.4(a). A designated FAUS employee may be released for
collective bargaining negotiation sessions, with at least two days prior administrative
approval.
(c)
Released time shall be used for conducting UFF business and shall not be
used for lobbying or other political representation. Leave for lobbying or other political
representation may be purchased by the UFF pursuant to Section 3.3.
(d)
Eligibility. Except for Section 3.3, Leaves, employees who are on leave of
any kind, shall not be eligible to receive released time. Upon the failure of the UFF to
provide a list of designees by the specified deadlines, the Board may refuse to honor
any of the released time requests which were submitted late. Substitutions submitted
after the October 15 deadline shall be allowed at the discretion of the Board. An
employee who has been granted released time for either or both semesters during four
(4) consecutive academic years shall not again be eligible for released time until two (2)
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academic years have elapsed following the end of the fourth academic year in which
such released time was granted.
(e)
Rights and Responsibilities. Employees on released time shall be eligible
for salary increases on the same basis as other employees, but their released time
activities shall not be evaluated nor taken into consideration by the University in making
personnel decisions. Employees on released time shall retain all rights and
responsibilities as employees but shall not be considered representatives of the
University or Board for any activities undertaken on behalf of the UFF. The UFF agrees
to hold the University and Board harmless for any claims arising from such activities,
including the cost of defending against such claims.
3.5
Board of Trustees Meetings.
(a)
The Board shall make available to the UFF a copy of the agenda of each
Board meeting or Board committee meeting at the time those agendas are made
available to members of the Board and a copy of the minutes of the Board meetings at
the time they are made available to the general public.
(b)
If the Board places an action item on its agenda that implicates collective
bargaining, the UFF will be allowed on the agenda subject to the Board’s established
protocol for its meetings and the authority of the Chair to conduct the proceedings.
ARTICLE 4
RESERVED RIGHTS
4.1
Policy. The Board retains and reserves to itself the rights, powers, and authority
vested in it, including the right to plan, manage, and control FAU and in all respects
carry out the ordinary and customary functions of management.
4.2
Limitations. All such rights, powers, and authority are retained by the Board,
subject to those limitations imposed by this Agreement. Only violations of such
limitations shall be subject to Article 20, Grievance Procedure.
ARTICLE 5
ACADEMIC FREEDOM AND RESPONSIBILITY
5.1
Policy. The Board, the University, and the UFF are committed to maintaining and
encouraging full academic freedom. Academic freedom and academic responsibility are
twin guardians of the integrity of institutions of higher learning. This integrity is essential
to the preservation of a free society and explains the willingness of society historically to
accept the concept of academic freedom and, in addition, to protect it through the
institution of academic tenure.
5.2
Academic Freedom. The principal elements of academic freedom include the
freedom to:
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(a)
Present and discuss academic subjects, frankly and forthrightly, without
fear of censorship, and to select instructional materials and determine grades in
accordance with Board and University policies. The objective and skillful exposition of
subject matter, including the acknowledgement of a variety of scholarly opinions, is the
duty of every employee.
(b)
Engage in scholarly and creative activity, and to publish results in a
manner consistent with professional obligations.
(c)
Speak freely on, and seek changes in, academic and institutional policies.
(d)
Exercise constitutional rights without institutional censorship or discipline.
5.3
Academic Responsibility. Freedom entails responsibilities. The Board of
Trustees, the University, and the UFF accept responsibilities to: (1) scholarship, (2)
students and colleagues, (3) the University, and (4) the larger community which the
University serves. These responsibilities include:
(a)
Scholarly responsibility to be forthright and honest in the creation and
communication of scientific and scholarly knowledge and to uphold the ethical
standards of their discipline.
(b)
Respecting the relationship between professor and student: adhere to the
proper role as teacher, researcher, intellectual mentor, and academic advisor; respect
students, staff, and colleagues and treat them with behavior free from discrimination;
recognize their right to enjoy full academic freedom; and respect the integrity of the
evaluation process with regard to students, staff, and colleagues.
(c)
Contributing to the orderly and effective functioning of the academic unit
(program, department, school, and/or college) and/or the University by adhering to the
principles of shared governance. The Board of Trustees and their representatives have
responsibilities that include, but are not limited to, promoting intellectual growth, the
rights of employees, and academic freedom.
(d)
Recognizing that faculty, as members of the community, have rights and
duties. When speaking on any matter of public interest, a faculty member shall make
clear when comments represent personal opinions and when they represent official
University positions.
ARTICLE 6
NONDISCRIMINATION
6.1
Statement of Intent. The Board and the UFF shall protect and safeguard the
rights and opportunities of each employee to work in an environment free from any form
of discrimination or harassment. The parties recognize their obligations under federal
and State laws, rules, and regulations prohibiting discrimination, and have made clear
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their support for the concepts of affirmative action and equal employment opportunity.
They desire to assure equal employment opportunities within FAU and recognize that
the purpose of affirmative action is to provide equal opportunity to women, minorities,
and other affected groups to achieve equality within FAU. The implementation of
affirmative action programs will require positive actions that will affect terms and
conditions of employment and to this end the parties have, in this Agreement and
elsewhere, undertaken programs to ensure equitable opportunities for employees to
receive salary adjustments, tenure, continuing multi-year appointments, successive
fixed multi-year appointments, promotion, sabbaticals, and other benefits. This
statement of intent is not subject to Article 20, Grievance Procedure. Nothing in this
Article is intended to alter the eligibility requirements for benefits provided by the
University.
6.2
Policy.
(a)
Discrimination.
(1)
Personnel decisions shall be based solely on job-related criteria
and performance.
(2)
Furthermore, neither the Board nor the UFF shall discriminate
against any faculty member based upon race, color, sex, religious creed, national origin,
age, veteran status, disability, political affiliation, sexual orientation, or marital status,
nor shall the Board or the UFF abridge any rights of faculty members related to union
activity granted under Chapter 447, Florida Statutes, including but not limited to the right
to assist or to refrain from assisting the UFF, or the exercise of any rights under this
Agreement.
(3)
Should state or federal law establish any additional protected
category for claims of discrimination during the term of this Agreement, the Board and
the UFF agree to modify the Agreement pursuant to Article 31.3.
(b)
Sexual Harassment.
(1)
Sexual harassment is a prohibited form of sex discrimination.
Sexual harassment in the employment context is defined as including the following:
Unwelcome sexual advances, requests for sexual favors, and other verbal
or physical conduct of a sexual nature constitute sexual harassment when
(1) submission to such conduct is made either explicitly or implicitly a term
or condition of an individual's employment, (2) submission to or rejection
of such conduct by an individual is used as the basis for employment
decisions affecting such individual, or (3) such conduct has the purpose or
effect of unreasonably interfering with an individual's work performance or
creating an intimidating, hostile, or offensive working environment.
(2)
In addition to the parties' concern with respect to sexual
harassment in the employment context, the parties also recognize the potential for this
form of illegal discrimination against students. Relationships between employees and
students, even if consensual, may become exploitative, and especially so when a
student's academic work, residential life, or athletic endeavors are determined,
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supervised or evaluated by the employee and are prohibited (see Section 5.3). These
relationships may also involve a conflict of interest (see Article 19).
(c)
Investigation of Charges of Discrimination. Charges of discrimination,
including those filed by employees against students alleging unwelcome sexual
advances, requests for sexual favors, or other verbal or physical conduct of a sexual
nature that constitutes sexual harassment, shall be promptly reviewed/investigated
according to established University procedures of the Office of Equal Opportunity
Programs. No employee reviewed/investigated under such procedures shall be
disciplined until such review is complete and a finding of discrimination has been
issued.
If after the completion of the review/investigation, any finding of
discrimination is made, a record of the complete findings will be placed in the
employee's evaluation file. If no finding of discrimination on any charge or complaint is
made, no record of the charge or complaint will be placed in the employee's evaluation
file unless the employee requests in writing that a record of the complete
review/investigation be placed in the evaluation file.
6.3
Access to Documents. No employee shall be refused a request to inspect and
copy documents relating to the employee’s claim of discrimination, except for records
which are exempt from the provisions of the Public Records Act, Chapter 119, Florida
Statutes. An employee may examine such files, upon reasonable advance notice,
during regular business hours of the office in which the file is kept, under such
conditions as are necessary to insure its integrity and safekeeping. The University may
charge for copies of documents in accordance with law, rule, University procedures, and
this Agreement.
6.4
Consultation. As part of the consultation process described in Article 2, the
parties agree to discuss efforts made to appoint and retain women and minority
employees.
ARTICLE 7
MINUTES, RULES, AND BUDGETS
7.1
Board and University Documents.
(a)
The Board shall make available to the UFF with timely written or electronic
copy of the following:
(1)
The minutes and agendas of the meetings of the Board and its
subcommittees;
(2)
Board regulations published under the Regulation Development
Procedure; and
(3)
Copies of the BOT/UFF Agreement and all supplements to the
Agreement, consistent with the provisions of Section 28.5.
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The Board shall create an electronic report and shall provide an electronic report
to the UFF which reflects the annual salary increases provided to employees. The cost
associated with the UFF’s use of such file shall be borne by the UFF consistent with the
costs charged others.
(b)
The University shall ensure that a dated copy of the following documents
is made available in an easily accessible location in its main library or by links on the
University Web site as soon as promulgated:
(1)
The minutes of the meetings of the Board;
(2)
Board Regulations and the University’s policies; and
(3)
The University’s operating budget, including the previous year’s
expenditure analysis.
7.2
FAUS Documents. A dated copy of the following documents shall be available for
employee inspection in an easily accessible location at the FAUS or on the FAUS
website and the UFF Chapter shall be notified of such location:
(a)
The minutes of the FAUS Advisory Body;
(b)
The FAUS operating budget, including financial support received by the
FAUS from the University, and the allocation of student activity and service fees; and
(c)
A copy of those provisions of the Florida Statutes and Board, University,
and Education rules applicable to FAUS.
ARTICLE 8
APPOINTMENT
8.1
Policy.
The Board shall exercise its authority to determine standards,
qualifications, and criteria in order to fill bargaining unit vacancies with the best possible
candidates. The University shall advertise such appointment vacancies, receive
applications and screen candidates, and make appointments as it deems appropriate
under such standards, qualifications, and criteria. The University also shall try to identify
and seek qualified women and minority candidates for vacancies and new positions as
well as employees of lower or equivalent ranks, employees who are spouses of
employees, and employees who are local residents who shall not, in the hiring process,
be disadvantaged for that reason. All employees who are candidates for new and
vacant positions shall be advised of the salaries of employees in the department/unit, or
of salaries of University employees in the same job classification, as appropriate, prior
to the negotiations of the candidate’s initial salary. Prior to making the decision to hire a
candidate to fill a bargaining unit vacancy, the appropriate administrator(s) shall
consider recommendations which have resulted from the review of candidates by
employees in the department/unit.
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8.2
Offer of Employment. A successful applicant will receive a letter offering
employment and providing, among other information, name, starting date, employment
unit, salary, tenure or non-tenure status, credit towards tenure, and principal place of
employment.
8.3 Notice of Appointment. Prior to the beginning of employment and, subsequently,
upon a significant change in status (i.e., items a, e, g, i, m below and any special salary
increases), each employee will receive a Notice of Appointment signed by the President
or his/her representative and the employee. The University may enclose informational
addenda, except that such addenda may not abridge the employee’s rights or benefits
provided in this Agreement. The University Notice of Appointment shall contain the
following elements:
(a)
Professional Classification System title, class code, rank and appointment
type;
(b)
Employment unit (e.g., department, school, college, institute, center, etc.);
(c)
The dates of appointment;
(d)
Special conditions of employment;
(e)
A statement that the position is (1) tenured, (2) non-tenure earning, or (3)
tenure-earning;
(f)
A statement that the employee’s signature on the Notice of Appointment
shall not be deemed a waiver of the right to process a grievance with respect thereto in
compliance with Article 20;
(g)
A statement about notice provisions;
(h)
A statement that the appointment is subject to the Constitution and laws of
the State of Florida and the United States, the Regulations of the Board and the
University, and this Agreement;
(i)
Percent of full-time effort (FTE) assigned;
(j)
Salary rate;
(k)
The statement: “The BOT/UFF Collective Bargaining Agreement (Article 6)
prohibits discrimination against any employee based upon race, color, sex, religious
creed, national origin, age, veteran status, disability, political affiliation, marital status, or
employee rights related to union activity as granted under Chapter 447, Florida
Statutes. Claims of discrimination by the Board or the University may be presented as
grievances pursuant to Article 20, Grievance Procedure.”
(l)
A statement informing the employee of the obligation to report outside
activity and conflict of interest under the provisions of Article 19 and the Agreement; and
(m)
Principal place of employment.
8.4
Appointments.
(a)
The academic year appointment for faculty shall be for 39 weeks. In
cases where the mission of the unit warrants the conversion from an academic year
appointment to a calendar year appointment, the salary conversion will be done
proportionally.
(b)
Supplemental Summer Appointments.
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(1)
Policy. In recognition of the demonstrated quality and expertise of
the FAU faculty, the University, at its discretion, shall endeavor, within the confines of
curricular needs, student demand, and available funding, to maximize faculty teaching
assignments. No employee shall be obligated to accept a supplemental summer
appointment. An employee must accept an offer of a summer appointment within ten
days of the offer or forfeit his/her Preference. Supplemental summer appointments
shall be offered, either verbally or in writing, no later than five weeks prior to the
beginning of the appointment if practicable, in accordance with written criteria. The
criteria shall be made available in each college and shall apply to all summer
appointments in that college. The criteria shall consider:
i)
ii)
The employees’ educational qualifications and experience;
With the exception of instructors with less than three years of service, equality
of summer employment opportunities for all bargaining unit employees in the
college over time (which could include more than one summer if necessary).
(2)
Preference. The University shall offer available supplemental
summer appointments equitably and as appropriate, in the following order:
First Preference: to qualified full-time bargaining unit employees, without
an existing summer appointment to teach a class or equivalent assignment, in the
following categories: tenured employees, tenure earning employees, employees with
multi-year appointments, and instructors who have taught at the University for at least
three consecutive years;
Second Preference: to other bargaining unit employees, without an
existing summer appointment to teach a class or equivalent assignment, who are
qualified.
If all bargaining unit employees qualified to teach a class have already
been offered a class to teach or equivalent assignment, the University may offer the
supplemental summer appointment to anyone who is qualified (e.g., adjuncts). At its
discretion, the University may offer bargaining unit employees with an existing summer
appointment an additional summer appointment at any time, based upon the criteria in
8.4(b)(1).
(3)
Assignments for supplemental summer appointments shall be
made in accordance with Florida Statutes (the "twelve hour law"). Assignments for
those receiving a summer appointment will be provided according to Article 9.5, and the
workload (i.e., number of credits or classes) assigned will be determined at the
College’s discretion.
(4)
Compensation. An employee who has received a summer
appointment to teach a course in accordance with Article 8.4(b) shall be compensated
according to the scale below. The following reflects compensation for a summer course
or equivalent assignment that would carry a 0.25 FTE instructional assignment value
Page 16 of 100
when teaching the same course, or a course similar in length and content during a
semester in the regular academic year, and shall be prorated accordingly. Percentages
are based on the regular 9-month base salary.
a.
b.
c.
First assigned course: 12.5%.
Second assigned course: 12.5%.
Each additional assigned course: At a rate set by the dean of
each college based on the class to be taught, not to exceed
the rate paid for the first course.
(c) FAUS Appointments.
(1)
Academic Year Appointments. The academic year appointment
period for developmental research school employees consists of a fall and spring
semester not exceeding 194 days within approximately 42 contiguous weeks. In
scheduling these days, the FAUS shall consider the calendar of the local district and
such scheduling shall be subject to consultation under Article 2.
(2)
Review Period. The initial Notice of Appointment of a FAUS
employee shall include a 97-day probationary period during which time the employee’s
appointment may be terminated without cause or the employee may resign without
breach of contract.
(3)
Summer Teaching Appointments. The following provisions apply
only to those summer teaching appointments funded by the schools through the use of
State funds (FEFP) allocated for that purpose.
a.
Summer teaching appointments shall be offered equitably
and as appropriate to qualified employees in a timely manner. Such appointments shall
be made in accordance with written criteria developed with the UFF. The criteria shall
be made available in a public place at FAUS.
b.
Employees shall receive approximately the same hourly rate
for teaching a course during a summer appointment as they received for teaching the
same or similar course during the academic year, regardless of the length of the
summer appointment.
(d)
Additional Compensation Appointments. Additional compensation is
defined as compensation for any duties in excess of a full appointment (1.0 FTE). All
additional compensation shall be paid through OPS.
(e)
Visiting Appointments. A "visiting" appointment is one made to a person
having appropriate professional qualifications, for a limited period.
A visiting
appointment may not exceed a total of three (3) consecutive years. Persons on visiting
appointments will be given a position classification that places them in the bargaining
unit, as specified in Appendix “A,” Position Classifications.
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(f)
Adjunct Appointments. The use of adjuncts shall, upon the request of the
UFF Chapter representatives, be a subject of consultation under the provisions of
Section 2.1.
(g)
Fixed Multi-Year Appointments at Florida Atlantic University.
(1)
Two- to five-year fixed multi-year appointments may be offered for
the following:
a.
Instructors and Lecturers;
b.
Non-tenured or non-tenure earning Assistant Librarians,
Associate Librarians, Librarians, and Counselors/Advisors;
c.
Scholars/Scientists, Research Associates, and Associate
In/Assistant In __________;
d.
Clinical faculty;
e.
Individuals who have officially retired from universities or
other organizations and who are at least 55 years of age;
f.
Tenured employees who decide to give up their tenured
status to take advantage of whatever incentives might be offered by a fixed multi-year
appointment; and
g.
Individuals who have held the rank of full professor for at
least seven (7) years at an institution of higher education.
(2)
Successive fixed multi-year appointments may be offered to eligible
employees hired pursuant to Section 8.4(h)(1) as follows:
a.
Criteria used to determine in which instances to offer
successive appointments include consideration of the basis for the initial fixed multi-year
appointment, evaluation of performance, professional growth, extent and currency of
professional qualifications, contribution to the mission of the department or program,
staffing needs, funding source alternatives, and continuing program considerations.
Such criteria shall be put in writing by the department/unit and available to all eligible
employees.
b.
The employee will be advised in the penultimate year of the
appointment that to be considered for a successive fixed multi-year appointment, the
employee must submit a request and written documentation pursuant to written
procedures established by the unit. The University shall notify the employee in writing
of its decision to offer or not offer a successive appointment.
8.5
Reclassification of an Employee to a Non-Unit Classification. Employees shall
be provided written notice thirty (30) days in advance, where practicable, with a copy to
the local UFF Chapter, when the University proposes to reclassify the employee to a
classification which is not contained in the General Faculty bargaining unit. The
employee may request a review of such action consistent with the provisions of Section
28.6 and UFF may discuss such action pursuant to Article 2, Consultation. If the
employee requests a review of such action, no reclassification will become effective
until thirty (30) days following the review. No position classification shall be changed to
a classification which is not contained in the General Faculty bargaining unit until the
UFF has had an opportunity to review and respond.
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ARTICLE 9
ASSIGNMENT OF RESPONSIBILITIES
9.1
Policy. The professional obligation is comprised of both scheduled and nonscheduled activities. The parties recognize that it is a part of the professional
responsibility of employees to carry out their duties in an appropriate manner and place.
For example, while instructional activities, office hours, and other duties and
responsibilities may be required to be performed at a specific time and place, other nonscheduled activities are more appropriately performed in a manner and place
determined by the employee in consultation with his/her supervisor.
9.2
Place of Employment.
(a)
Principal. Each employee shall be assigned one principal place of
employment, as stated on the Notice of Appointment. Where possible, an employee
shall be given at least nine (9) months’ notice of change in principal place of
employment. The employee shall be granted, upon written request, a conference with
the person responsible for making the change to express concerns regarding such
change, including concerns regarding considerations in assignment as described in
Section 9.3. Voluntary changes and available new positions within the department shall
be considered prior to involuntary changes, if practicable.
(b)
Secondary. Each employee, where possible, shall be given at least ninety
(90) days written notice of assignment to a secondary place of employment more than
fifteen (15) miles from the employee’s principal place of employment. The employee
shall be granted, upon written request, a conference with the person responsible for
making the change to express concerns regarding such change. If the assignment to a
secondary place of employment is made within the regular full-time appointment, the
supervisor will make an appropriate adjustment in the assignment in recognition of time
spent traveling to a secondary place of employment. Necessary travel expenses, which
may include overnight lodging and meals for all assignments not at the employee’s
principal place of employment, shall be paid at State rate and in accordance with the
applicable provisions of State law.
9.3
Considerations in Assignment.
(a) Assignment will be made with the consideration of the following in no
particular order:
(1)
the needs of the program or department/unit in the areas of
teaching, research and services;
(2)
the employee's qualifications and experiences, including professional growth and development;
(3)
the character or complexity of the assignment; and
(4)
the opportunity to fulfill applicable criteria for tenure, promotion,
continuing multi-year appointments, successive fixed multi-year appointments, and
merit salary increases.
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(b)
The employee shall be granted, upon written request, a conference with
the person responsible for making the assignment to express the employee’s concerns.
If the conference with the person responsible for making the assignment does not
resolve the employee's concerns, the employee shall be granted, upon written request,
an opportunity to discuss those concerns with an administrator at the next higher level.
(c)
The Board and the UFF recognize that, while the Legislature has
described the minimum full academic assignment in terms of twelve (12) contact hours
of instruction or equivalent research and service, the professional obligation undertaken
by a faculty member will ordinarily be broader than that minimum. In like manner, the
professional obligation of other professional employees is not easily susceptible of
quantification. The University has the right, in making assignments, to determine the
types of duties and responsibilities that comprise the professional obligation and to
determine the mix or relative proportion of effort an employee may be required to
expend on the various components of the obligation.
(d)
Furthermore, the University has the obligation to monitor and review the
size and number of classes and other activities, to consolidate inappropriately small
offerings, and to reduce inappropriately large classes.
(e)
No employee's assignment shall be imposed arbitrarily or unreasonably. If
an employee believes that the assignment has been so imposed, the employee should
proceed to address the matter through the Exclusive Assignment Dispute Procedures of
this Agreement, which shall be the exclusive method for resolving such disputes.
9.4
Annual Assignment.
(a)
Communication of Assignment. Employees shall be apprised in writing, at
the beginning of their employment and at the beginning of each year of employment
thereafter, of the duties assigned in teaching, research and other creative activities,
public service, and of any other specific duties assigned for that year.
Except for an assignment made at the beginning of an employee's
employment, the person responsible for making an assignment shall notify the
employee prior to making the final written assignment. The assignment shall be
communicated to employees no later than six (6) weeks in advance of its starting date,
if practicable.
(b)
Instructional Assignment. The period of an instructional assignment
during an academic year shall not exceed an average of seventy-five (75) days per
semester and the period for testing, advisement, and other scheduled assignments shall
not exceed an average of ten (10) days per semester. Within each semester, activities
referred to above shall be scheduled during contiguous weeks with the exception of
Spring Break, if any.
(c)
Change in Assignment. Should it become necessary to make changes in
an employee’s assignment, the person responsible for making the change shall notify
the employee prior to making such a change and shall specify such change in writing.
Page 20 of 100
(d)
Equitable Opportunity. Each employee shall be given assignments which
provide equitable opportunities, in relation to other employees in the same
department/unit, to meet the required criteria for promotion, tenure, continuing multiyear appointments, successive fixed multi-year appointments, and merit salary
increases.
(1)
For the purpose of applying this principle to promotion,
assignments shall be considered over the entire period since the original appointment or
since the last promotion, not solely over the period of a single annual assignment. The
period under consideration at the University shall not be less than four years. The
employee's annual assignment shall be included in the promotion file.
(2)
For the purpose of applying this principle to tenure, assignments
shall be considered over the entire probationary period and not solely over the period of
a single annual assignment. The employee's annual assignment shall be included in
the tenure file.
(3)
If an arbitrator determines that the employee was not provided an
"equitable opportunity" as described in this section, the arbitrator may award additional
employment requiring the University to provide the "equitable opportunity" as described
herein. The arbitrator may also retain jurisdiction for purposes of determining whether
the ensuing assignment provides such "equitable opportunity."
9.5
Summer Assignment.
(a)
The summer instructional assignment, like that for the academic year,
includes the normal activities related to such an assignment as defined by the
department/unit and the nature of the course, such as course preparation, minor
curriculum development, lectures, evaluation of student efforts, consultations and
conferences with students, and minor committee activities.
The instructional
assignment does not include other credit-generating activities such as
thesis/dissertation supervision, directed independent studies, supervised research
teaching, and supervision of student interns. These activities, as well as Research or
Service activities not usually performed commensurate with the instructional
assignment, may be assigned during the summer term for additional compensation.
(b)
When a summer instructional appointment immediately follows the
academic year appointment, the employee may be assigned reasonable and necessary
non-instructional duties related to the summer instructional appointment prior to the
conclusion of the academic year appointment.
(c)
If a faculty member on a nine-month academic year contract accepts an
additional summer course appointment that requires all classes to be conducted at a
campus location that is different than their principal place of assignment, the University,
at its discretion, will either provide access to an office and computer, or travel
reimbursement. Similarly, the University, at its discretion, will either provide access to
an office and computer or travel reimbursement, if a faculty member on an additional
summer course appointment is teaching on more than one campus during separate
terms since these are separate supplemental assignments. If, however, a faculty
member has supplemental summer course appointments for teaching on more than one
Page 21 of 100
campus during the same or overlapping terms, then travel reimbursement will be
provided for travel between their principal place of employment and each campus.
(d)
FAUS employees employed full-time during the summer shall be provided
one planning period during the day. Part-time employees shall be provided a
proportional planning period. Compensation for the planning period shall be at the
same hourly rate as that for teaching a course during a summer appointment.
9.6
Teaching Schedule. Where possible, a teaching schedule shall be established
so that the time between the beginning of the first assignment and the end of the last for
any one day does not exceed eight (8) hours.
9.7
Equipment. The University will provide the essential equipment necessary to
carry out the instructional assignments.
9.8
Workweek.
(a)
Scheduled hours for all employees shall not normally exceed forty (40)
hours per week. Time shall be allowed within the normal working day for research,
teaching, or other activities required of the employee, when a part of the assigned
duties. Supervisors are encouraged to make appropriate reductions or adjustments in
the number of hours scheduled in recognition of evening, night, and weekend
assignments, and for periods when an employee is on call. Evenings, nights, and
weekends when an employee is on call shall be considered in making other
assignments.
(b)
Duty-free lunch. In the absence of a compelling need, FAUS employees
shall have a duty-free continuous lunch period scheduled during the duration of their
students’ lunch period. It is not the intent of the School to require employees to perform
lunchroom duty. If fiscal circumstances change so that such an assignment is
necessary, the parties agree to consult or negotiate this assignment.
ARTICLE 10
EMPLOYEE PERFORMANCE EVALUATIONS
10.1
Policy.
(a)
Annual Evaluations. The purpose of the annual evaluation is to assess
and communicate the nature and extent of an employee's performance of assigned
duties consistent with the criteria specified in Section 10.4. The performance of
employees, other than those who have received notice of non-reappointment under
Section 12.2, shall be evaluated at least once annually, and they shall be advised of the
academic term during which such evaluation will be made. Personnel decisions shall
take such annual evaluations into account, provided that such decisions need not be
based solely on written employee performance evaluations.
10.2
Sources and Methods of Evaluation.
Page 22 of 100
(a) Each department Chairperson, or comparable administrator in an academic
unit who is responsible for an employee’s annual assignment, shall also be responsible
for evaluating the employee.
(b) In preparing the annual evaluation, the person(s) responsible for evaluating
the employee may consider, where appropriate, information from the following sources:
immediate supervisor, peers, students, employee/self, other University officials who
have responsibility for supervision of the employee, and individuals to whom the
employee may be responsible in the course of a service assignment, including public
school officials when an employee has a service assignment to the public schools.
(c)
Observation/Visitation. The employee, if assigned teaching duties, shall
be notified at least two (2) weeks in advance of the date, time, and place of any direct
classroom observation or visitation made in connection with the employee's annual
evaluation. If the employee determines that this date is not appropriate because of the
scheduled class activities, the employee may suggest a more appropriate date.
Alternatively, if such classroom observation or visitation will be made, the employee
shall be notified at least two (2) weeks in advance of the period (for example, a
semester) over which no less than two (2) observations will be made.
10.3
Procedures for Annual Evaluations.
(a)
The proposed written annual evaluation, including the employee's annual
assignment which was furnished pursuant to Section 9.3, shall be provided to the
employee within sixty (60) days after the end of the evaluation period. The employee
shall be entitled to discuss the evaluation with the evaluator by written request for a
meeting prior to its being placed in the employee's evaluation file. The evaluation shall
be signed and dated by the person performing the evaluation, and may be signed by the
person being evaluated who may attach a concise comment to the evaluation. A copy
of the evaluation shall be provided to the employee at least ten (10) days during the
regular academic year prior to being placed in the employee’s evaluation file. Upon the
employee's written request, the administrator at the next higher level will meet to
discuss concerns regarding the evaluation which were not resolved in previous
discussions with the evaluator.
(b)
Each department/unit at FAU shall develop and maintain procedures by
which to evaluate each employee according to criteria specified in Section 10.4. These
procedures will include the method for the distribution of salary increase funds specified
in Article 23 based on said annual evaluation. The employees of each department/unit,
who are eligible to vote in department/unit governance, shall participate in the
development and revision of these procedures and shall recommend implementation by
vote of a majority of at least a quorum of those employees.
1.
The procedures and proposed revisions thereof shall be
reviewed by the President or representative periodically to ensure that they are
consistent with the mission and goals of the University and that they comply with this
agreement.
Page 23 of 100
2.
If at any time the President or representative determines that
the recommended revisions or existing procedures do not meet the conditions in
Section 10.3(b) above, the proposal or procedures shall be referred to the
department/unit for revision with a written statement of reasons for non-approval. No
merit salary increase funds shall be provided to a department/unit until its procedures
have been approved by the President or representative.
3.
Approved procedures, and revisions thereof, shall be kept on
file in the department/unit office. Employees in each department/unit shall be provided
a copy of that department's/unit's current procedures for annual evaluation. Employees
will be evaluated based on evaluation criteria that were in effect at the start of the
assignment period.
(c)
The University is committed to providing assistance to any faculty member
who wants or needs to improve the performance of his/her assignment. If an employee
is evaluated as less than satisfactory in any area of the annual evaluation, the employee
and the supervisor must develop a written plan to address the employee’s performance.
This plan will be appended to the annual evaluation.
10.4 Criteria. The annual performance evaluation shall be based on assigned duties.
Other non-assigned factors may be considered in the evaluation only if mutually agreed
upon by the dean or designee and the employee. Evaluations shall carefully consider
the nature of the assignments, including, where applicable:
(a)
Teaching effectiveness, including effectiveness in presenting knowledge,
information, and ideas by means or methods such as lecture, discussion, assignment
and recitation, demonstration, laboratory exercise, practical experience, and direct
consultation with students. The evaluation shall include consideration of effectiveness
in imparting knowledge and skills, and effectiveness in stimulating students' critical
thinking and/or creative abilities, the development or revision of curriculum and course
structure, and adherence to accepted standards of professional behavior in meeting
responsibilities to students. The evaluator may take into account class notes, syllabi,
student exams and assignments, and any other materials relevant to the employee's
teaching assignment. The teaching evaluation must take into account any relevant
materials submitted by the employee, including the results of peer evaluations of
teaching, and may not be based solely on student evaluations when this additional
information has been made available to the evaluator.
(b)
Contribution to the discovery of new knowledge, development of new
educational techniques, and other forms of creative activity. Evidence of research and
other creative activity shall include, but not be limited to, published books; articles and
papers in professional journals; patents, grants, grant applications or contracts; musical
compositions, paintings, sculpture; works of performing art; papers presented at
meetings of professional societies; and research and creative activity that has not yet
resulted in publication, display, or performance.
The evaluation shall include
consideration of the employee's productivity, including the quality and quantity of what
has been done during the year, and of the employee's research and other creative
Page 24 of 100
programs and contributions; and recognition by the academic or professional
community of what is done.
(c)
Public service that extends professional or discipline-related contributions
to the community; the State, including public schools; and the national and international
community. This public service includes contributions to scholarly and professional
organizations and governmental boards, agencies, and commissions that are beneficial
to such groups and individuals.
(d)
Participation in the governance processes of the institution through
significant service on committees, councils, and senates, beyond that associated with
the expected responsibility to participate in the governance of the institution through
participation in regular departmental or college meetings.
(e)
Other assigned University duties, such as advising, counseling,
supervision of interns, and academic administration, or as described in a Position
Description, if any, of the position held by the employee.
10.5 Proficiency in Spoken English. No employee shall be evaluated as deficient in
oral English language skills unless proved deficient in accordance with the appropriate
procedures and examinations established in this Article, for testing such deficiency.
(a)
If a supervisor has reason to believe that a faculty member involved in
classroom instruction, other than in courses conducted primarily in a foreign language,
is deficient in English oral language skills, the supervisor shall make provisions for the
faculty member to be tested in accordance with appropriate procedures and
examinations for testing such skills. No reference to an alleged deficiency shall appear
in the annual evaluation or in the personnel file of a faculty member who achieves a
satisfactory examination score determining proficiency in oral English. (English As A
Foreign Language (TOEFL): 173 computer based, 500 paper based; or the International
English Language Testing System (IELTS): 6.0 band score).
(b)
Faculty who score below a minimum score on an examination established
for determining proficiency in oral English (see paragraph (a) above) shall be assigned
appropriate non-classroom duties for the period of oral English language instruction
provided by the University under paragraph (c) below, unless during the period of
instruction the faculty member is found, on the basis of an examination specified above,
to be no longer deficient in oral English language skills. In that instance, the faculty
member will again be eligible for assignment to classroom instructional duties and shall
not be disadvantaged by the fact of having been determined to be deficient in oral
English language skills.
(c)
It is the responsibility of each faculty member who is found to be deficient
in oral English language skills by virtue of scoring below the satisfactory score on an
examination established for determining such proficiency (see paragraph (a)), to take
appropriate actions to correct these deficiencies. To assist the faculty member in this
endeavor, the University shall provide appropriate oral English language instruction
Page 25 of 100
without cost to such faculty members for a period consistent with their length of
appointment and not to exceed two (2) consecutive semesters. The time the faculty
member spends in such instruction shall not be considered part of the individual
assignment or time worked, nor shall the faculty member be disadvantaged by the fact
of participation in such instruction.
(d)
If the University determines, that one (1) or more administrations of a test
to determine proficiency in oral English language skills is necessary, in accordance with
this section, the University shall pay the expenses for up to two (2) administrations of
the test. The faculty member shall pay for additional testing that may be necessary.
10.6 Employee Assistance Programs. Neither the fact of an employee's participation
in an employee assistance program nor information generated by participation in the
program, shall be used as evidence of a performance deficiency within the evaluation
process described in this Article, except for information relating to an employee's failure
to participate in an employee assistance program consistent with the terms to which the
employee and the University have agreed.
ARTICLE 11
EVALUATION FILE
11.1 Policy. There shall be one employee performance evaluation file containing a
dated copy of all documents used for evaluation, other than tenure, promotion,
continuing multi-year appointments, and successive fixed multi-year appointments. The
only documents which may be used for evaluations and other personnel decisions,
other than for tenure, promotion, and continuing multi-year appointments, are those
contained in that file. Such documents shall be placed in the evaluation file within a
reasonable time after receipt by the custodian of the file. Employees shall be notified of
the evaluation file’s location and custodian.
11.2 Access. An employee may examine the evaluation file, upon reasonable
advance notice, during the regular business hours of the office in which the file is kept,
under such conditions as are necessary to insure its integrity and safekeeping. Upon
request, an employee may paginate with successive whole numbers the materials in the
file, and may attach a concise statement in response to any item therein. Upon request,
an employee is entitled to one (1) free copy of any material in the evaluation file.
Additional copies may be obtained by the employee upon the payment of a reasonable
fee for photocopying. A person designated by the employee may examine that
employee's evaluation file with the written authorization of the employee concerned, and
subject to the same limitations on access that are applicable to the employee.
11.3 Indemnification. The UFF agrees to indemnify and hold the Board, its officials,
agents, and representatives harmless from and against any and all liability for any
improper, illegal, or unauthorized use by the UFF of information contained in such
evaluation files.
Page 26 of 100
11.4 Use of Evaluative Materials. Copies of materials from the grievant's evaluation
file may be used in grievance proceedings.
11.5 Anonymous Material. There shall be no anonymous material in the evaluation
file except for numerical summaries of student evaluations that are part of a regular
evaluation procedure of classroom instruction and/or written comments from students
obtained as part of that regular evaluation procedure. If written comments from
students in a course are included in the evaluation file, all of the comments obtained in
the same course must be included.
11.6 Peer Committee Evaluations. Evaluative materials, or summaries thereof,
prepared by peer committees as part of a regular evaluation system, may be placed in
an evaluation file when signed by a representative of the committee.
11.7 Removal of Contents. As permitted by law, materials shown to be contrary to
fact shall be removed from the file. This section shall not authorize the removal of
materials from the evaluation file when there is a dispute concerning a matter of
judgment or opinion rather than fact. Materials may also be removed pursuant to the
resolution of a grievance.
11.8 Limited Access Information. All documents reflecting evaluation of employee
performance are limited-access records and shall be available for inspection only by the
employee, the employee's representative, University and Board officials who use the
information in carrying out their responsibilities, peer committees responsible for
evaluating employee performance, and arbitrators or others engaged by the parties to
resolve disputes, or by others by court order. However, such limited access status shall
not apply to summary data, by course, for the common "core" items contained in
student course evaluations, which have been selected as such by the Board or the
University and made available by the University to the public on a regular basis.
ARTICLE 12
NON-REAPPOINTMENT
12.1 No Property Right. No appointment shall create any right, interest, or expectancy
in any other appointment beyond its specific terms, except as provided in Sections 13.2
and 15.1(f).
12.2
Notice.
(a) A “semester” as used in this Article is defined as either a Fall, Spring, or
Summer semester in which a summer assignment is offered and accepted. If a Summer
semester constitutes all or part of the notice period, it shall be compensated as a Spring
or Fall semester. All employees described below are entitled to written notice that they
will not be offered further appointment. The provision of notice under this section does
not provide rights to a summer appointment beyond those provided in Section 8.4(b).
Page 27 of 100
(1)
Employees in their first year of University service who are on
academic year (9 month) appointments shall receive notice of non-reappointment not
later than March 1 of the academic year, if the appointment expires at the end of that
academic year. Employees in their first year of continuous University service who are
on twelve-month appointments shall receive at least twelve (12) weeks notice.
(2)
Employees in their second year of continuous University service
who are on academic year (9 month) appointments shall receive one semester notice of
non-reappointment. Employees in their second year of continuous University service
who are on twelve-month appointments shall receive at least 19.5 weeks notice.
(3) Employees with two (2) or more years of continuous University service
who are on academic year appointments shall receive two semester notice of nonreappointment. Employees with two (2) or more years of continuous University service
who are on twelve-month appointments shall receive 39 weeks notice.
(4) The University may choose to provide compensation in lieu of
employing the employee during the notice period.
(5) Employees who are appointed to multi-year agreements shall receive
notice in the penultimate year of their agreement if they will be offered a new
appointment.
(6) Employees who are on “soft money” e.g., contracts and grants,
sponsored research funds, auxiliary funds, and grants and donations trust funds, who
had five (5) or more years of continuous University service as of June 30, 1991, shall
receive a one year notice, contingent upon funds being available.
(b) Employees in the following categories are not entitled to written notice that
they will not be offered further appointment and shall have the following statement
included in their employment offer letter or Notice of Appointment: Your employment
under this offer will cease on the date indicated. No further notice of cessation of
employment is required.
(1) Employees who are on "soft money," e.g., contracts and grants,
sponsored research funds, auxiliary funds, and grants and donations trust funds, except
those described in Section 12.2(a)(6), above.
(2) Employees who hold acting or temporary appointments.
(3) Employees who are appointed for less than one (1) academic year.
(4) Employees who are appointed to a visiting appointment, who are
appointed to a fixed multi-year appointment or who are issued a letter of offer which
states, in substance, that their employment will cease on the date indicated.
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12.3
Terms and Conditions of Non-reappointment
(a) The employee’s current rate of pay shall remain unchanged through the end
of the current period or the advance notice period, whichever is longer. The employee
shall not receive any pay increases during the advance notice period.
(b) The University’s right to reassign the employee to other duties and
responsibilities remains in effect during the non-reappointment period. The University’s
right to terminate the employee for just cause remains in effect during the advance
notice period.
(c) The University may offer an employee a letter of reappointment of a duration
necessary to fulfill any advance notice requirement in this Agreement or other University
rule.
(d) The employee will no longer be eligible for tenure or promotion.
(e) The decision to not reappoint is not grievable except, an employee who
receives written notice of non-reappointment may, according to Article 20 Grievance
Procedure and Arbitration, contest the decision because of an alleged violation of a
specific term of the Agreement or because of an alleged violation of the employee’s
constitutional rights. Such grievances must be filed within thirty (30) days of receipt of
the notice of non-reappointment.
12.4 Resignation. An employee who wishes to resign has the professional obligation,
when possible, to provide the University with at least one semester's notice. Upon
resignation, all consideration for tenure and reappointment shall cease.
ARTICLE 13
LAYOFF
13.1 (a) Implementation. A layoff may be implemented by the University at any time
as a result of adverse financial circumstances; reallocation of resources; reorganization
of degree or curriculum offerings or requirements; reorganization of academic or
administrative structures, programs, or functions; or curtailment or abolition of one or
more programs or functions. Non-reappointment may be utilized as an alternative to
layoff for employees pursuant to Article 12. All employees are subject to layoff
including, but not limited to, employees in phased retirement, employees who have
received a notice of non-reappointment, and employees on a fixed-term appointment.
(b) Layoff Unit. The layoff unit may be at an organizational level of the University
such as a campus, division, college/unit, school, department/area/unit, or program, as
the Provost deems appropriate.
(c) Notice to UFF. The University shall provide general notice to UFF in writing
that a layoff is to occur no less than thirty (30) days prior to sending layoff notice to
employee(s). Such notice shall identify the layoff unit and the reason for the layoff. The
University is not obligated to identify the employee(s) to be laid off. UFF may request a
consultation with the President or representative pursuant to Sections 2.1 or 2.2 during
this period to discuss the layoff. UFF may bargain over the impact of the layoff.
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13.2 Layoff Considerations. The selection of employees in the layoff unit to be laid off
will be determined as follows:
(a) No tenured/multi-year/permanent status employee shall be laid off if there
are non-tenured/non-permanent status employees or phased retirees in the layoff unit.
(b) No employee in a non-tenured/non-permanent status position in the layoff
unit with more than five (5) years of continuous University service or a phased retiree
shall be laid off if there are any such employees with five (5) years or less of service.
(c) Where employees are equally qualified under (a) or (b) above, those
employees will be retained who, in the judgment of the University, will best contribute to
the mission and purpose of the institution. In making such judgment, the University shall
carefully consider appropriate factors such as, but not limited to the employees’ length
of continuous service, performance evaluation by students, peers and supervisors,
academic training, professional reputation, teaching effectiveness, record of scholarship
and/or creative activity, and service to the profession, community and public.
(d) No tenured/multi-year/permanent status employee shall be laid off solely for
the purpose of creating a vacancy to be filled by an administrator entering the
bargaining unit.
(e) The University shall notify the UFF annually in writing regarding the use of
adjunct and other non-unit faculty in the layoff unit for a period of two years following the
layoff. The use of adjunct and other non-unit faculty in departments/units where
employees have been laid off may be the subject of consultation meetings pursuant to
Article 2.
13.3 Alternative/Equivalent Employment. The University shall make a reasonable
effort to locate appropriate alternate or equivalent employment within the University for
employees who received a notice of layoff before the layoff effective date. The affected
employee shall notify his/her supervisor of any available or posted University position
that they believe may constitute alternate/equivalent employment. If appropriate
alternate/equivalent employment is offered in lieu of layoff and rejected, the employee
shall receive no further consideration or benefits pursuant to this article.
13.4 Notice to Employees. Employees should be informed of layoff as soon as
practicable and, where circumstances permit, nine-month faculty with three or more
years of continuous University service shall be provided notice by September 15 for a
termination date no earlier than the conclusion of the following spring semester. Other
employees with three or more years of continuous University service shall, where
circumstances permit, be provided at least nine (9) months notice. Formal written
notice of layoff is to be sent via certified mail, return receipt requested, or delivered in
person to the employee. The notice shall include effective date of layoff; reason for
layoff; and if applicable, a statement of recall rights.
13.5
Re-employment/Recall
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(a) For a period of two years following the layoff effective date (or for employees
appointed to a fixed multi-year appointment, not to exceed the length of their
appointment), an individual who has been laid off and who was not otherwise offered
alternate/equivalent employment shall be offered re-employment in the same or similar
position at the University, should such an opportunity for re-employment arise. Any offer
of re-employment pursuant to this section must be accepted within fifteen (15) days
after the date of offer. In the event such offer of re-employment is not accepted, the
individual shall receive no further consideration pursuant to this Article. The University
shall notify the UFF when an offer of re-employment is issued.
(b) An employee who held a tenured/permanent status appointment on the date
of termination by reason of layoff shall resume the tenured/permanent status
appointment upon recall.
(c) The employee shall receive the same credit for years of service for purposes
of layoff as held on the date of layoff.
(d) Employee Assistance Programs. Consistent with the University’s Employee
Assistance Program, employees participating in an employee assistance program who
receive a notice of layoff may continue to participate in that program for a period of
ninety (90) days following the layoff.
13.6 Limitations. The provisions of Sections 13.2 through 13.5 of this Agreement
shall not apply to those employees: on soft money (as defined in Article 12),
visiting/temporary appointments, and employees with appointments of less than one
academic year.
ARTICLE 14
PROMOTION PROCEDURE
14.1
Policy.
(a)
Promotion decisions are not merely a totaling of an employee's annual
performance evaluations but rather, the University's assessment through its faculty,
professional employees, and administrators, of the employee's potential for growth and
scholarly contribution as well as past meritorious performance of assigned duties.
(b)
Upon annual written request beginning with the second year of
employment, employees eligible for promotion shall receive a non-binding appraisal of
their progress toward promotion. The appraisal, which shall be a separate component
of the annual evaluation, is intended to help candidates qualify themselves for
promotion. Upon written request of the employee an administrator at the next higher
level, shall meet with the employee to discuss unresolved appraisal issues.
14.2
Criteria.
(a)
Promotion decisions shall be a result of the employee's potential for
growth and scholarly contribution as well as past meritorious performance of assigned
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duties and shall be based upon established criteria specified in writing by the Board or
the University. Employees shall be given a copy of the promotion criteria which shall
also be available in the department/unit or college offices.
(b)
The Board and the University may modify these criteria after notifying the
UFF Chapter of the proposed changes and offering an opportunity to discuss them in
consultation with the President or representative. Changes shall not become effective
until one (1) year following adoption of the changes, unless mutually agreed to in
writing. The date of adoption shall be the date on which the changes are approved by
the administrator at the highest level required under applicable University policies and
procedures. Any proposal to develop or modify promotion criteria shall be available for
discussion by members of the affected departments/units before adoption. Each
college/school or department/unit shall periodically review its criteria to ensure that they
are consistent with the employees' assignments and the mission of the academic unit.
(c)
Limited Access Information. Promotion file records are limited-access
records and shall be available for inspection only by the employee, the employee's
representative, University and Board officials who use the information in carrying out
their responsibilities, peer committees responsible for evaluating employee
performance, and arbitrators or others engaged by the parties to resolve disputes, or by
others by court order.
14.3
Procedures.
(a)
Recommendations for promotion shall begin with the employee's
supervisor and shall be submitted to the appropriate officials for review. Prior to the
consideration of the employee's promotion, the employee shall have the right to review
the contents of the promotion file and may attach a brief response to any material
therein. It shall be the responsibility of the employee to see that the file is complete.
The provisions of Sections 11.2 through 11.8 of this Agreement shall apply to the
contents of the promotion file.
If any material is added to the file after the
commencement of consideration, a copy shall be sent to the employee within five (5)
days (by personal delivery or by mail, return receipt requested). The employee may
attach a brief response within five (5) days of his/her receipt of the added material. The
file shall not be forwarded until either the employee submits a response, indicates there
will be no response, or until the second five (5) day period expires, whichever occurs
first.
(b)
Recommendations for promotion shall include a copy of applicable
promotion criteria, the employee's annual assignments and annual evaluations, and, if
the employee chooses, the employee's promotion appraisal(s). The reviewers at any
stage in the review may request to view the appraisal(s).
14.4 Notice of Denial. Any employee who is denied promotion shall be notified in
writing by the appropriate administrative official. The employee has twenty (20) days
after notification to submit a written request for a statement of reasons and the
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University shall provide the employee with a written statement within twenty (20) days
thereafter of the reasons why the employee did not meet the promotion criteria.
ARTICLE 15
TENURE AND PERMANENT STATUS
15.1
Tenure.
(a)
Tenure shall be in a department or other appropriate administrative unit.
(b)
Eligibility. Associate Professors, Professors, and other employees that
the Board may designate except Assistant Professors, shall be eligible for tenure. The
Board shall notify the employee of the tenure-earning status at the time of initial
appointment. Tenure shall not extend to administrative appointments in the General
Faculty, FAUS employees, or Administrative, Managerial & Professional (AMP)
classification plans.
(c)
Criteria.
(1) The performance of an employee during the entire term of tenure
earning employment at FAU shall be considered in determining whether to grant tenure.
The decision to award tenure to an employee shall be a result of meritorious
performance and shall be based on established criteria specified in writing by the Board
and the University. The decision shall take into account the annual assignments and
annual performance evaluations; the needs of the department/school, college/unit, and
University; the contributions of the employee to the employee's academic unit (program,
department/school, college/unit); and the contributions the employee is expected to
make to the institution.
(2) The University shall provide employees eligible for tenure with a copy
of the criteria for tenure and the criteria shall be available in the department/school
office and/or at the college/unit level.
(3) Each employee shall be apprised in writing once each year of her or
his progress toward tenure. The appraisal shall be included as a separate component
of the annual evaluation and is intended to provide assistance and counseling to
candidates to help them to qualify themselves for tenure. The employee may request,
in writing, a meeting with an administrator at the next higher level to discuss concerns
regarding the tenure appraisal which were not resolved in previous discussions with the
evaluator. The appraisals are not binding upon the University.
(4) The Board and the University may modify the University-wide criteria
for tenure only after notifying UFF of the proposed changes and offering an opportunity
to discuss them in consultation with the University President or representative.
Changes in criteria shall not become effective until one (1) year following adoption of
the changes, unless mutually agreed to in writing. The date of adoption shall be the
date on which the changes are approved by the administrator at the highest level
required under applicable University policies and procedures. Any proposal to develop
or modify tenure criteria shall be available for discussion by members of the affected
departments/units before adoption. The provisions of Section 9.3 are applicable to the
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modified criteria. Further, an employee with at least three (3) years of tenure-earning
credit as of the date on which the tenure criteria are adopted shall be evaluated for
tenure under the criteria as they existed prior to modification unless the employee
notified the University at least thirty (30) days prior to commencement of the tenure
consideration that he/she chooses to be evaluated under the newly-adopted criteria.
(d)
Procedures.
(1) An employee shall normally be considered for tenure during the sixth
year of continuous service in a tenure-earning position including any prior service credit
granted at the time of initial employment. Part-time service of at least one semester in
any twelve month period shall be accumulated so that two semesters of half-time
service, for example, shall be considered one-half year of service. Authorized leaves of
absence may, under the provisions of Article 17, Leaves, be credited toward the period
of tenure-earning service.
(2) An employee credited with tenure-earning service at the time of initial
appointment may withdraw once all or a portion of such credit prior to formal application
for tenure to the department upon the written request of the employee, recommendation
of the supervisor and dean/director, and approval of the appropriate administrator.
(3) Stopping the Clock. The tenure clock may be stopped for medical or
related reasons for up to two years upon the written request of the employee,
recommendation of the supervisor and dean/director, and approval of the appropriate
administrator.
(4) Early Tenure. An employee is eligible for early tenure consideration
only if the University provides written agreement to the employee’s written request. An
employee being considered for tenure prior to the sixth year may withdraw from consideration on or before December 30 without prejudice.
(5) Tenure upon Appointment. Tenure may be granted to an employee by
the Board at the time of initial appointment, upon recommendation of the appropriate
administrator. The administrator shall consider the recommendation of the department
or equivalent unit prior to making his/her final tenure recommendation.
(6) By the end of six (6) years of tenure-earning service at the University
(including tenure credit granted upon hire), an employee who has applied for tenure
shall either be awarded tenure by the Board or given notice that further employment will
not be offered. If an employee fails to apply for tenure before or during the sixth year of
tenure-earning service (including tenure credit granted upon hire), the employee’s
employment will terminate at the end of the seventh year of service. If an employee
applies for tenure prior to the sixth year, the year following the second tenure
application shall be the terminal year if tenure is not achieved. No employee may be
considered for tenure more than twice. An employee has 20 days from receipt of notice
that tenure was not achieved to submit a written request for the reasons why tenure was
not granted, and the President or representative shall provide the employee with a
written statement of the reasons within 20 days of the receipt of the request.
(7) Recommendations. The Department Chair/School Director shall
submit the names of candidates for tenure to the tenured faculty of the
Department/School who shall be polled by secret ballot for their recommendation about
each candidate eligible for tenure. The recommendation shall be forwarded to the
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Department Chair/School Director who shall write a recommendation to the Dean.
Recommendations shall include a copy of applicable tenure criteria; the employee's
annual assignments and annual evaluations; the vote of the tenured faculty; and, if the
employee chooses, the employee's tenure appraisals. At any stage, reviewers may
request to review the appraisals.
(8) File. The employee has the right to review the contents of the tenure
file and attach a brief response to any materials in the file prior to consideration of his or
her candidacy. It is the employee’s responsibility to see that the file is complete. The
provisions of Sections 11.2 through 11.8 of this Agreement shall apply to the contents of
the tenure file. If any material is added to the file after the commencement of
consideration, a copy shall be sent to the employee within five (5) days (by personal
delivery or by mail, return receipt requested). The employee may attach a brief
response within five (5) days of his/her receipt of the added material. The file shall not
be forwarded until either the employee submits a response, indicates there will be no
response, or until the second five (5) day period expires, whichever occurs first. The
only documents which may be considered in making a tenure recommendation are
those contained or referenced in the tenure file.
(9) Only the Board or designee may award tenure in accordance with
University Regulations. This decision shall normally be made at the May Board Meeting
but no later than the following meeting. The employee shall be notified in writing by the
President or representative within five (5) days of the decision of the Board.
(e)
A tenured employee who is transferred as a result of a reorganization or
program curtailment within the University, and is employed in the same or similar
discipline in which tenure was granted, shall have his or her tenure transferred to the
new department. Tenured faculty who assume administrative appointments shall retain
tenure in their department/unit.
(f)
Termination/Layoff. Tenure status guarantees annual reappointment for
the academic year until voluntary resignation, retirement, removal for just cause in
accordance with the provisions of Article 16, or layoff in accordance with the provisions
of Article 13, but does not extend to administrative appointments.
15.2
Permanent Status for FAUS Employees.
(a)
Policy. The criteria for attaining permanent status and promotion shall
reflect University goals in teaching, research, and service. The criteria and the process
for evaluating employees shall be monitored and reviewed periodically as directed by
the Executive Director.
(b)
Appointments of the FAUS employees to the ranks of University School
Assistant Professor, University School Associate Professor, and University School
Professor, are permanent status earning when the appointments do not include the
appointment status modifiers “acting,” “joint,” “provisional,” “visiting,” “research,”
“courtesy,” “honorary,” or “affiliate.” The University may make employees appointed to
the rank of University School Instructor eligible for permanent status. Appointments
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which include the appointment status modifiers “joint,” “provisional,” “visiting,”
“research,” or “affiliate” may or may not earn time toward permanent status, as
determined by the University at the time of the permanent-earning status appointment.
If an FAUS employee is initially appointed to the rank of University School Instructor or
to a rank including the appointment modifiers "joint," "provisional," “visiting,” “research,”
or “affiliate” determined by the University not to earn time toward permanent status, and
is subsequently appointed to a permanent status earning position, all or a portion of the
employee's prior service in the non-permanent status earning position may be counted
toward permanent status, provided the University agrees in writing to credit such service
at the time of appointment to the permanent status earning position.
(c)
FAUS employees shall be granted permanent status by the President
provided that such employees:
(1)
meet the required educational qualifications and a Professional
Florida Educator Certification in their field of assignment with any necessary
endorsement by September 1 of the year of application (applicable only to employees
applying for permanent status after September 1, 2007. This provision may be reopened in 2007 by the UFF in addition to the re-openers permitted in Article 30);
(2)
have completed three years of full-time or equivalent part-time
service in a permanent status-earning position in the school, such service being
continuous except for leave duly authorized and granted;
(3)
have been reappointed for the following year;
(4)
have submitted a permanent status portfolio and been reviewed by
FAUS faculty; and
(5)
have been recommended by the Principal and the Executive
Director and have been approved by the President for permanent status based on
successful performance of duties and demonstration of professional competence.
(d)
Each employee shall be apprised in writing once each year of her or his
progress toward permanent status. The appraisal shall be included as a separate
component of the annual evaluation and is intended to provide assistance and
counseling to candidates to help them to qualify themselves for permanent status. The
employee may request, in writing, a meeting with an administrator at the next higher
level to discuss concerns regarding the permanent status appraisal which were not
resolved in previous discussions with the evaluator. The appraisals are not binding
upon the University.
(e)
Prior to March 31 in the third continuous year of full-time service in a
permanent status earning position, the University President or designee shall provide
notification to the employee of the granting permanent status or termination of
employment upon the expiration of the existing appointment. If granted, permanent
status shall become effective at the beginning of the next school year.
(f)
An employee with permanent status shall be entitled to continue in the
same or similar position in FAUS until the employee resigns, is removed for just cause
pursuant to Article 16, or is laid off pursuant to Article 13.
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(g)
Permanent status shall not be extended to administrative or supervisory
employees. Upon release from an administrative or supervisory position, an employee
shall be entitled to reassignment to the same or a similar position in which permanent
status was attained as faculty, at the classification level and salary range which would
have been earned had the position been held continuously.
15.3
Leave. Under the provisions of Article 17.5, authorized leaves of absence shall
not be credited for determining eligibility for tenure or permanent status except by
mutual agreement of the employee and the University.
15.4
Limited Access Information. Tenure/Permanent Status file materials are limitedaccess records and shall be available for inspection only by the employee, the
employee's representative, University and Board officials who use the information in
carrying out their responsibilities, peer committees responsible for evaluating employee
performance, and arbitrators or others engaged by the parties to resolve disputes, or by
others by court order.
ARTICLE 16
DISCIPLINARY ACTION AND JOB ABANDONMENT
16.1
Just Cause.
(a)
The purpose of this article is to provide a prompt and equitable procedure
for disciplinary action taken with just cause. Just cause shall be defined as:
(1)
incompetence, or
(2)
misconduct.
(b)
An employee’s activities which fall outside the scope of employment shall
constitute misconduct only if such activities adversely affect the legitimate interests of
the University.
16.2 Progressive Discipline. Both parties endorse the principle of progressive
discipline as applied to professionals. In all cases, the discipline selected for a particular
offense must be appropriate to the nature and circumstances of the case.
16.3 Notice of Intent. When the President or representative has reason to believe that
a suspension or termination should be imposed, the President or representative shall
provide the employee with a written notice of the proposed action and the reasons
therefore. Such notice shall be sent certified mail, return receipt requested, or delivered
in person. The employee shall be given ten (10) days in which to respond in writing to
the President or representative before the proposed action is taken. The President or
representative then may issue a notice of disciplinary action under Section 16.4. The
employee has a right to union representation during investigatory questioning that may
reasonably be expected to result in disciplinary action. If the President or representative
does not issue a notice of disciplinary action, the notice of proposed disciplinary action
shall not be retained in the employee’s evaluation file, as permitted by law.
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16.4 Notice of Discipline. All notices of disciplinary action shall include a statement of
the reasons therefore and a statement advising the employee that the action is subject
to Article 20, Grievance Procedure. All such notices shall be sent certified mail, return
receipt requested, or delivered in person to the employee.
16.5 Termination. A tenured or permanent status appointment or any appointment of
definite duration may be terminated during its term for just cause. An employee shall be
given written notice of termination in advance of the effective date of such termination. If
a grievance is timely filed, the effective date of termination shall be deferred pending the
completion of the grievance process, except in cases where the President or
representative determines that an employee’s actions adversely affect the functioning of
the University or jeopardize the safety or welfare of the employee, colleagues, or
students.
16.6 Disciplinary Action Other than Termination. The University, retains its rights to
impose disciplinary action other than termination for just cause including, but not limited
to, suspension with or without pay. Counseling, including recommendations for
participation in an Employee Assistance Program, shall not be considered disciplinary
action.
16.7 FAUS. If an FAUS employee is charged with a crime that impacts upon his/her
effectiveness as a teacher, he/she will be suspended with pay for a period not to exceed
thirty (30) days or until the conclusion of an internal investigation. At the expiration of
the thirty (30) day suspension with pay or the conclusion of the investigation, whichever
comes first, the employee will be restored to employment status, suspended without
pay, or terminated.
16.8
Job Abandonment.
(a) An employee absent without authorized leave under the provisions of Section
17.1 for seven (7) or more consecutive calendar days shall be considered to have
abandoned the position and voluntarily resigned from the University, unless the
absence is for reasons beyond the control of the employee and the employee notifies
the University as soon as practicable.
16.9 Employee Assistance Program. Neither the fact of an employee’s participation in
an employee assistance program, nor information generated by participation in the
program, shall be used as a reason for discipline under this Article, except for
information relating to an employee’s failure to participate in an employee assistance
program consistent with the terms to which the employee and the University have
agreed.
16.10 Investigation. Notwithstanding the provisions of Article 10, whenever the
University receives information that a faculty member is engaging in misconduct or
behavior in the classroom which could create potential liability to the University, and in
order to protect the interests of both the University and the faculty member, a
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chair/supervisor or other University representative may conduct unannounced
observation/visitation of that faculty member’s classroom for the purpose of
investigating the allegations.
ARTICLE 17
LEAVES
17.1
Requests for a Leave or Extension of Leave of One (1) Semester or More.
(a)
Upon the request of the employee, the President or his/her representative
shall grant a leave without pay, unless the President or his/her representative
determines that granting such leave would be inconsistent with the best interests of the
University.
(b)
For a leave of one (1) semester or more, an employee shall make a
written request not less than 120 days prior to the beginning of the proposed leave, if
practicable.
(c)
For an extension of a leave of one (1) semester or more, an employee
shall make a written request not less than sixty (60) days before the end of the leave, if
practicable.
(d)
A request for leave in excess of one academic year will only be granted
under special circumstances.
(e)
The President or representative shall approve or deny such request in
writing not later than thirty (30) days after receipt of the request.
(f)
An absence without approved leave or extension of leave shall subject the
employee to the provisions of Section 16.8.
(g)
An employee's request for use of leave for an event covered by the
provisions of the Family and Medical Leave Act (FMLA) of 1993 (Public Law 103-3)
shall be submitted and responded to in accordance with the provisions of Section 17.7.
17.2
Accrual During Leave Without Pay.
(a)
Retirement credit for periods of leave without pay shall be governed by the
rules and regulations of the Division of Retirement and the provisions of Chapter 121,
Florida Statutes.
(b)
While on leave without pay, the employee shall retain accumulated sick
leave and annual leave, but shall not accrue sick leave or annual leave nor be entitled
to holiday pay.
(c)
Use of accrued leave with pay is authorized during a leave of absence
without pay for parental, foster care, medical, or military reasons. Such use of leave with
pay is provided under the following conditions:
(1) Notwithstanding the provisions of Sections 17.9(a)(2) regarding the
use of sick leave, an employee may use any type of accrued leave in an amount
necessary to cover the employee’s contribution to the State insurance program and
other expenses incurred by the employee during an approved period of leave without
pay for parental, foster care, medical, or military reasons.
(2) Normally the use of accrued leave during a period of leave without pay
for medical reasons shall be approved for up to six (6) months with appropriate medical
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documentation, but may be approved for up to one year for the serious health condition
of the employee or a member of the employee’s immediate family.
(3) The employer contribution to the State insurance program will continue
for the corresponding payroll periods.
(d)
An employee’s request for the use of accrued leave during a period of
leave without pay shall be made at the time of the employee’s request for the leave
without pay. Such request shall include the amount of accrued leave the employee
wishes to use during the approved period of leave without pay. If circumstances arise
during the approved leave which cause the employee to reconsider the combination of
leave with and without pay, the employee may request approval of revisions to the
original approval.
17.3
Return from Leave.
(a)
An employee who returns from an approved leave of absence with or
without pay shall be returned to the same classification, unless the University and the
employee agree in writing to other terms and conditions. The return from FMLA leave
shall be in accordance with Section 17.7.
(b)
The salary of an employee returning from uncompensated leave shall be
adjusted to reflect all non-discretionary increases distributed during the period of leave.
17.4 Accrual During Leave with Pay. An employee shall accrue normal leave credits
while on compensated leave in full-pay status, or while participating in the sabbatical or
study leave program. If an employee is on compensated leave in less than full-pay
status for other than sabbaticals or study leave, the employee shall accrue leave in
proportion to the pay status.
17.5 Tenure/Permanent Status Credit During Periods of Leave. Semester(s) during
which an employee is on compensated or uncompensated leave shall not be creditable
for the purpose of determining eligibility for tenure or permanent status, except by
mutual agreement of the employee and the University. In deciding whether to credit
such leave toward tenure eligibility or permanent status, the President or representative
shall consider the duration of the leave, the relevance of the employee's activities while
on such leave to the employee's professional development and to the employee's field
of employment, the benefits, if any, which accrue to the University by virtue of placing
the employee on such leave, and other appropriate factors.
17.6
Holidays.
(a)
An employee shall be entitled to observe all official holidays designated in
accordance with Section 110.117, Florida Statutes. No classes shall be scheduled on
holidays. Classes not held because of a holiday shall not be rescheduled.
(b)
Supervisors are encouraged not to require an employee to perform duties
on holidays; however, an employee required to perform duties on holidays shall have
the employee's schedule adjusted to provide equivalent time off, up to a maximum of
eight (8) hours for each holiday worked.
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(c)
If an employee who has performed duties on a holiday terminates
employment prior to being given time off, the employee shall be paid, upon termination,
for the holiday hours worked within the previous twelve (12) month period.
17.7
Family and Medical Leave Act (FMLA) Entitlements.
(a)
The Family and Medical Leave Act of 1993 (“FMLA”) is the common name
for the Federal law providing eligible employees an entitlement of up to four hundred
and eighty (480) hours of leave without pay for qualified family or medical reasons
during a one-year period. This Act entitles the employee to take leave without pay;
where University policies permit, employees may use accrued leave with pay during any
qualifying family or medical leave. The failure to list, define, or specify any particular
provision or portion of the FMLA in this Agreement shall in no way constitute a waiver of
any of the rights or benefits conferred to the employer or the employee through the
FMLA.
(b)
Implementation of FMLA Leave Entitlements.
(1)
A covered employee, whether salaried or paid from Other Personal
Services (OPS)/Temporary funds, is entitled to four hundred and eighty (480) hours of
FMLA leave within a twelve (12) month period for any qualifying family or medical leave.
A covered employee is one who has worked at least 12 months (these need not have
been consecutive) and who has worked at least 1250 hours in the 12-months prior to
the leave.
(2)
A salaried employee is entitled to a parental leave for up to six (6)
months in accordance with the provisions of Section 17.8, for a birth, adoption of the
employee’s child, or foster care. If an eligible employee elects to take Parental Leave,
the first four hundred and eighty (480) hours of such leave will be counted against that
employee’s FMLA entitlement.
(c)
Accounting for the Use of FMLA Leave in a Twelve-Month Period.
(1) The 12 month period for purposes of FMLA will be based on an
individual rolling 12-month period measured backward from the date any Family and
Medical Leave is used.
(2)
An eligible employee’s entitlement to leave for a birth or placement
for adoption or foster care expires at the end of a twelve (12) month period beginning on
the date of the birth or placement of the child, or foster care.
(d)
Use and Approval of FMLA Leave.
(1)
The President or his/her representative shall approve FMLA leave
for an eligible employee as long as the reasons for absence qualify under the FMLA and
the employee has not exhausted the employee's four hundred and eighty (480) hours
within the appropriate 12-month period for such leave. The employee may request
FMLA leave as accrued leave, leave without pay, or a combination of both.
(2)
The University may require that the employee use accrued leave
with pay prior to requesting leave without pay for four hundred and eighty (480) hours
(12 workweeks) of FMLA leave. Requiring the use of paid leave shall be applied
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consistently and may not be used merely to exhaust the employee's leave balance in
order to prohibit the use of paid leave while on leave without pay as provided for in
Section 17.2(c).
(3)
Employees on approved FMLA may not be employed elsewhere
without the written approval of the University.
(e)
Medical Certification.
(1)
The University may require an employee to provide medical
certification from a health care provider for FMLA leave when taken for the serious
health condition of the employee or the employee's family member.
(2)
Medical certification may be required to affirm the employee's ability
to return to work and perform one or more of the essential functions of the job within the
meaning of the Americans with Disabilities Act (ADA), after being absent on FMLA
leave.
(f)
Return to Position. Upon return from FMLA leave, the employee shall be
returned to the same or equivalent position in the same class and work location,
including the same shift or equivalent schedule, unless the University and the employee
agree in writing to other conditions and terms under which such leave is to be granted.
(g)
Continuation of Benefits. The use of FMLA leave by eligible employees
shall neither enhance nor decrease any rights or benefits normally accrued to salaried
employees during a leave with pay or any rights or benefits normally accrued during a
leave without pay.
(h)
If any provision of Section 17.7 (FMLA) is inconsistent with or in
contravention of the Family Medical Leave Act of 1993, Public Law 103-3, or the Family
and Medical Leave Act Regulations, 29 CFR Part 825, or any subsequently enacted
legislation, then such provision shall be superseded by the laws or regulations
referenced above, except to the extent that the collective bargaining agreement or any
employee benefit program or plan provides greater family or medical leave rights to an
eligible employee.
17.8
Parental Leave.
(a)
An employee shall be granted a parental leave not to exceed six (6)
months when the employee becomes a biological parent or a child is placed in the
employee's home pending adoption; foster care is not covered under parental leave but
is provided through the FMLA provisions in accordance with Section 17.7.
(b)
Employees on parental leave may use up to six weeks of paid sick leave
for the period of leave immediately following the birth of a child. Parental leave beyond
the six week period may be covered by other accrued paid leave or remain a period of
unpaid leave. Use of accrued leave during an approved period of leave without pay
shall be in accordance with Section 17.2.
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(c)
The period of parental leave shall begin no more than two (2) weeks
before the expected date of the child's arrival.
(1)
The President or his/her representative shall acknowledge to the
employee in writing the period of leave to be granted, that such leave counts against the
employee's unused FMLA entitlements in accordance with Section 17.7 of this
Agreement, and the date of return to employment.
(2)
At the end of the approved parental leave and at the employee's
request, the President or representative shall grant part-time leave without pay for a
period not to exceed one (1) year, unless the President or representative determines
that granting such leave would be inconsistent with the best interests of the University.
(3)
Any illness caused or contributed to by pregnancy shall be treated
as a temporary disability and the employee shall be allowed to use accrued sick leave
credits when such temporary disability is certified by a health care provider.
(d)
Upon agreement between the employee and the University, intermittent
FMLA leave or a reduced work schedule may be approved for the birth of the
employee's child or placement of a child with the employee for adoption in accordance
with Section 17.7.
17.9 Leaves Due to Illness/Injury. Illness/Injury is defined as any physical or mental
impairment of health, including such an impairment proximately resulting from
pregnancy, which does not allow an employee to fully and properly perform the duties of
the employee's position. When an employee’s illness/injury may be covered by the
Americans with Disabilities Act, the provisions of Public Law 101-336 shall apply.
(a)
Sick Leave.
(1)
Accrual of Sick Leave.
a.
A full-time employee shall accrue four (4) hours of sick leave
for each biweekly pay period, or the number of hours that are directly proportionate to
the number of days worked during less than a full-pay period, without limitation as to the
total number of hours that may be accrued.
b.
A part-time employee shall accrue sick leave at a rate
directly proportionate to the percent of time employed.
c.
An employee appointed under Other Personal Services
(OPS) funding shall not accrue sick leave.
(2)
Uses of Sick Leave.
a.
Sick leave shall be accrued before being taken, provided
that an employee who participates in a sick leave pool shall not be prohibited from using
sick leave otherwise available to the employee through the sick leave pool. Nine-month
faculty must use sick leave in 4 hour increments.
b.
Sick leave shall be authorized for the following:
1.
The employee's personal illness or exposure to a
contagious disease which would endanger others.
2.
The employee's personal appointments with a health
care provider.
3.
The illness or injury of a member of the employee's
immediate family, in consultation with the supervisor. Approval of requests for use of
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reasonable amounts of sick leave for caring for a member of the employee's immediate
family shall not be unreasonably withheld. "Immediate family" means the spouse and
the grandparents, parents, brothers, sisters, children, and grandchildren of both the
employee and the spouse, and dependents living in the household.
4.
The death of a member of the employee's immediate
family (as defined in 17.9 (a)(2)3 above), in consultation with the supervisor. Approval
of requests for use of reasonable amounts of sick leave for the death of a member of
the employee's family shall not be unreasonably withheld.
c.
A continuous period of sick leave commences with the first
day of absence and includes all subsequent days until the employee returns to work.
For this purpose, Saturdays, Sundays, and official holidays observed by the State shall
not be counted unless the employee is scheduled to perform services on such days.
During any seven (7) day period, the maximum number of days of sick leave charged
against any employee shall be five (5).
d.
An employee who requires the use of sick leave should
notify the supervisor as soon as practicable.
e.
An employee who becomes eligible for the use of sick leave
while on approved annual leave shall, upon notifying the supervisor, substitute the use
of accrued sick leave to cover such circumstances.
(3)
Certification. If an employee's request for absence or absence
exceeds four (4) consecutive days, or if a pattern of absence is documented, the
University may require an employee to furnish certification issued by an attending health
care provider of the medical reasons necessitating the absence and/or the employee’s
ability to return to work. If the medical certification furnished by the employee is not
acceptable, the employee may be required to submit to a medical examination by a
health care provider who is not a University staff member which shall be paid for by the
University. If the medical certification indicates that the employee is unable to perform
assigned duties, the President or representative may place the employee on
compulsory leave under the conditions set forth in Section 17.9 (c).
(4)
An employee on approved sick leave may not be employed
elsewhere.
(5)
Transfer of Credits. Sick leave accrual will be based on continuous
service to FAU only. Employees hired at FAU with no break in service from another
Florida public University, may bring accrued sick leave to FAU, up to a maximum of 40
hours. Service at another public University will not count as years served for accrual or
payout purposes. If the transfer of leave is a recruitment issue, the maximum amount of
hours may be waived by the President.
(6)
Payment for Unused Sick Leave.
a.
An employee with less than ten (10) years of service who
separates from FAU shall not be paid for any unused sick leave.
b.
An employee who has completed ten (10) or more years of
service, has not been found guilty or has not admitted to being guilty of committing,
aiding, or abetting any embezzlement, theft, or bribery in connection with State
government, or has not been found guilty by a court of competent jurisdiction of having
violated any State law against or prohibiting strikes by public employees, and separates
from FAU because of retirement for other than disability reasons, termination, or death,
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shall be compensated at the employee's current regular hourly rate of pay for oneeighth of all unused sick leave accrued prior to October 1, 1973, plus one-fourth of all
unused sick leave accrued on or after October 1, 1973; provided that one-fourth of the
unused sick leave since 1973 does not exceed 480 hours.
c.
Upon layoff, an employee with ten (10) or more years of FAU
service shall be paid for unused sick leave as described in paragraph b., above, unless
the employee requests in writing that unused sick leave be retained pending reemployment. For an employee who is re-employed by the University within twelve (12)
calendar months following layoff, all unused sick leave shall be restored to the
employee, provided the employee requests such action in writing and repays the full
amount of any lump sum leave payments received at the time of layoff. An employee
who is not re-employed within twelve (12) calendar months following layoff shall be paid
for sick leave in accordance with Section 110.122, Florida Statutes.
d.
All payments for unused sick leave authorized by law shall
be made in lump sum and shall not be used in determining the average final
compensation of an employee in any State administered retirement system. An
employee shall not be carried on the payroll beyond the last official day of employment,
except that an employee who is unable to perform duties because of a disability may be
continued on the payroll until all sick leave is exhausted.
e.
If an employee has received a lump sum payment for
accrued sick leave, the employee may elect in writing, upon re-employment within 100
days, to restore the employee's accrued sick leave. Restoration will be effective upon
the repayment of the full lump sum leave payment.
f.
In the event of the death of an employee, payment for
unused sick leave at the time of death shall be made to the employee's beneficiary,
estate, or as provided by law.
(b)
Job-Related Illness/injury.
(1)
An employee who sustains a job-related illness/injury that is
compensable under the Workers' Compensation Law shall be carried in full-pay status
for a period of medically certified illness/injury not to exceed seven (7) days immediately
following the illness/injury, or for a maximum of forty (40) work hours if taken
intermittently without being required to use accrued sick or annual leave.
(2)
If, as a result of the job-related illness/injury, the employee is
unable to resume work at the end of the period provided in paragraph (1), above:
a.
The employee may elect to use accrued leave in an amount
necessary to receive salary payment that will increase the Workers' Compensation
payments to the total salary being received prior to the occurrence of the illness/injury.
In no case shall the employee's salary and Workers' Compensation benefits exceed the
amount of the employee's regular salary payments; or
b.
The employee shall be placed on leave without pay and shall
receive normal Workers' Compensation benefits if the employee has exhausted all
accrued leave in accordance with paragraph (a.), above, or the employee elects not to
use accrued leave.
(3)
This period of leave with or without pay shall be in accordance with
Chapter 440 (Worker's Compensation), Florida Statutes.
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(4)
If, at the end of the leave period, the employee is unable to return
to work and perform assigned duties, the President or representative should advise the
employee, as appropriate, of the Florida Retirement System's disability provisions and
application process, and may, based upon a current medical certification by a health
care provider prescribed in accordance with Chapter 440 (Worker's Compensation),
Florida Statutes, and taking the University's needs into account:
a.
offer the employee part-time employment;
b.
place the employee in leave without pay status or extend
such status;
c.
request the employee's resignation; or
d.
release the employee from employment, notwithstanding any
other provisions of this Agreement.
(c)
Compulsory Leave.
(1)
Placing Employee on Compulsory Leave.
a.
If an employee is unable to perform assigned duties due to
illness/injury or poses a health risk, the President or representative may require the
employee to submit to a medical examination, by a health care provider chosen and
paid by the University, or by a health care provider chosen and paid by the employee,
who is acceptable to the President or representative. Such health care provider shall
submit the appropriate medical certification(s) to the University, indicating whether the
employee is able to work, is unable to work, or is able to work with restrictions.
b.
If the University agrees to accept the employee's choice of a
health care provider, the University may not then require another University-paid
examination.
c.
If the medical examination confirms that the employee is
unable to perform assigned duties, the President or representative shall place the
employee on compulsory leave.
(2)
Conditions of Compulsory Leave.
a.
Written notification to the employee placing the employee on
compulsory leave shall include the duration of the compulsory leave period and the
conditions under which the employee may return to work. These conditions may
include the requirement of the successful completion of, or participation in, a program of
rehabilitation or treatment, and follow-up medical certification(s) by the health care
provider, as appropriate.
b.
The compulsory leave period may be leave with pay or leave
without pay. If the compulsory leave combines the use of accrued leave with leave
without pay, the use of such leave shall be in accordance with Section 17.2.
c.
If the employee fulfills the terms and conditions of the
compulsory leave and receives a current medical certification that the employee is able
to perform assigned duties, the President or representative shall return the employee to
the employee's previous duties, if possible, or to equivalent duties.
(3)
Duration. Compulsory leave, with or without pay, shall be for a
period not to exceed the duration of the illness/injury or one year, whichever is less.
(4)
Failure to Complete Conditions of Compulsory Leave or Inability to
Return to Work. If the employee fails to fulfill the terms and conditions of a compulsory
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leave and/or is unable to return to work and perform assigned duties at the end of a
leave period, the President or representative should advise the employee, as
appropriate, of the Florida Retirement System's disability provisions and application
process, and may, based upon the University's needs:
a.
offer the employee part-time employment;
b.
place the employee in leave without pay status in
accordance with Section 17.2 or extend such status;
c.
request the employee's resignation; or
d.
release the employee from employment, notwithstanding any
other provisions of this Agreement.
17.10 Annual Leave
(a)
Accrual of Annual Leave.
(1)
Full-time employees appointed for more than nine (9) months,
except employees on academic year appointments and FAUS employees, shall accrue
annual leave at the rate of 6.769 hours biweekly or 14.667 hours per month (or a
number of hours that is directly proportionate to the number of days worked during less
than a full-pay period for full-time employees), and the hours accrued shall be credited
at the conclusion of each pay period or, upon termination, at the effective date of
termination. Employees may accrue annual leave in excess of the year end maximum
during a calendar year. Employees with accrued annual leave in excess of the year end
maximum as of December 31 shall have any excess converted to post October 1, 1973
sick leave on an hour-for-hour basis on January 1 of each year.
(2)
Part-time employees appointed for more than nine (9) months,
except employees on academic year appointments and FAUS employees, shall accrue
annual leave at a rate directly proportionate to the percent of time employed.
(3)
Academic year employees, FAUS employees, employees
appointed for less than nine (9) months, employees on 12-month non-annual leave
accruing contracts, and OPS employees shall not accrue annual leave.
(b)
Use and Transfer of Annual Leave.
(1)
Annual leave shall be accrued before being taken, except in those
instances where the President or representative may authorize the advancing of annual
leave. When leave has been advanced and employment is terminated prior to the
employee accruing sufficient annual leave to credit against the leave that was
advanced, the University shall deduct from the employee's warrant the cost of any
annual leave advanced under this provision. All requests for annual leave shall be
submitted by the employee to the supervisor as far in advance as possible and
appropriate. Approval of the dates on which an employee wishes to take annual leave
shall be at the discretion of the supervisor and shall be subject to the consideration of
departmental/unit and organizational scheduling.
(2)
Annual leave accrual will be based on continuous service to FAU
only. Employees hired at FAU with no break in service from another Florida public
University, may bring accrued annual leave, up to a maximum of 40 hours. Service at
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another public University will not count as years served for accrual or payout purposes.
If the transfer of leave is a recruitment issue, the maximum amount of hours can be
waived by the President.
(c)
Payment for Unused Annual Leave.
(1)
Upon termination from an annual leave accruing contract, or
transfer from an annual leave accruing contract to an academic year or FAUS
appointment, and unless the employee requests the option in (2) below, the University
shall pay the employee for up to forty-four days (352 hours) of unused annual leave at
the calendar year rate the employee was accruing as of the employee's last day of
work, provided that a determination has been made by the President or representative
that the employee was unable to reduce the unused annual leave balance prior to
termination or reassignment to an academic year or FAUS appointment. All unused
annual leave in excess of forty-four days (352 hours) shall be forfeited by the employee.
(2)
Upon transfer from an annual leave accruing contract to an
academic year or FAUS appointment, the employee may elect to retain all unused
annual leave until such time, not to exceed two (2) years, as the employee transfers
back to an annual leave accruing contract or terminates employment. Upon such
termination or at the end of two (2) years, whichever comes first, the unused leave
balance shall be paid in lump sum for up to forty-four days (352 hours) at the annual
rate the employee was accruing as of the employee's last day of work on an annual
leave accruing contract.
(3)
Upon layoff, an employee shall be paid for up to forty-four days
(352 hours) of unused annual leave in lump sum, unless the employee requests in
writing that annual leave credits be retained pending re-employment. For employees
who are re-employed by the University within twelve (12) calendar months following
layoff, all unused annual leave shall be restored to the employee, provided the
employee requests such action in writing and repays the full amount of any lump sum
leave payment received at the time of layoff. Employees who are not re-employed
within twelve (12) calendar months following layoff and who elected to retain their
annual leave pending re-employment shall be paid for up to forty-four days (352 hours)
of unused annual leave at the calendar rate the employee was accruing as of the
employee's last day of work.
(4)
If an employee has received a lump sum payment for accrued
annual leave, the employee may elect in writing, upon re-employment within 100 days,
to restore the employee's accrued annual leave. Restoration will be effective upon the
repayment of the full lump sum leave payment.
(5)
In the event of the death of an employee, payment for all unused
annual leave at the time of death, up to 352 hours, shall be made to the employee's
beneficiary, estate, or as provided by law.
17.11 Administrative Leaves and Other Leaves Not Affecting Accrued Leave Balances.
(a)
Jury Duty and Court Appearances.
(1)
An employee who is summoned as a member of a jury panel or
subpoenaed as a witness in a matter not involving the employee's personal interests,
shall be granted leave with pay and any jury or witness fees shall be retained by the
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employee; leave granted hereunder shall not affect an employee's annual or sick leave
balance.
(2)
An appearance as an expert witness for which an employee
receives professional compensation falls under Article 19 and the University's policies
and rules relative to outside employment/conflict of interest. Such an appearance may
necessitate the employee requesting annual leave or, if a non-annual leave accruing
employee, may necessitate the employee seeking an adjustment of the work schedule.
(3)
If an employee is required, as a direct result of the employee's
employment, to appear as an official witness to testify in the course of any action as
defined in Section 92.142(2), Florida Statutes, such duty shall be considered a part of
the employee's job assignment, and the employee shall be paid per diem and travel
expenses and shall turn over to the University any fees received.
(4)
An employee involved in personal litigation during work hours must
request annual leave or, if a non-annual leave accruing employee, must seek an
adjustment to the work schedule.
(b)
Military Leave.
(1)
Short-term Military Training. An employee who is a member of the
United States Armed Forces Reserve, including the National Guard, upon presentation
of a copy of the employee's official orders or appropriate military certification, shall be
granted leave with pay during periods in which the employee is engaged in annual field
training or other active or inactive duty for training exercises. Such leave with pay shall
not exceed seventeen (17) work days in any one (1) federal fiscal year (October 1 September 30).
(2)
National Guard State Service. An employee who is a member of
the Florida National Guard shall be granted leave with pay on all days when ordered to
active service by the State. Such leave with pay shall not exceed thirty (30) days at any
one time.
(3)
Other Military Leave.
a.
An employee, except an employee who is employed in a
temporary position or employed on a temporary basis, who is drafted, who volunteers
for active military service, or who is ordered to active duty (not active duty training) shall
be granted leave in accordance with Chapter 43 of Title 38, United States Code. Active
military service includes active duty with any branch of the United States Army, Air
Force, Navy, Marine Corps, Coast Guard, National Guard of the State of Florida, or
other service as provided in Sections 115.08 and 115.09, Florida Statutes.
b.
Such leave of absence shall be verified by official orders or
appropriate military certification. The first thirty (30) days of such leave shall be with
full-pay and shall not affect an employee's annual or sick leave balance. The remainder
of military leave shall be without pay unless the employee elects to use accumulated
annual leave or appropriate leave as provided in (4) below, or the employer exercises
its option under Section 115.14, Florida Statutes, to supplement the employee's military
pay. Leave payment for the first thirty (30) days shall be made only upon receipt of
evidence from appropriate military authority that thirty (30) days of military service have
been completed.
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c.
Applicable provisions of Federal and State law shall govern
the granting of military leave and the employee's re-employment rights.
d.
Use of accrued leave is authorized during a military leave
without pay in accordance with Section 17.2.
(c)
Leave Pending Investigation. When the President or representative has
reason to believe that the employee's presence on the job will adversely affect the
operation of the University, the President or representative may immediately place the
employee on leave pending investigation of the event(s) leading to that belief. The
leave pending investigation shall commence immediately upon the President or
representative providing the employee with a written notice of the reasons therefore.
The leave shall be with pay, with no reduction of accrued leave.
(d)
Other Leaves Provided Not Affecting Accrued Leave Balances. An
employee may be granted other leaves not affecting accrued leave balances which are
provided as follows:
(1)
Florida Disaster Volunteer Leave is provided by law for an
employee who is a certified disaster service volunteer of the American Red Cross.
Leave of absence with pay for not more than fifteen (15) working days in the fiscal year
may be provided upon request of the American Red Cross and the employee's
supervisor's approval. Leave granted under this act shall be only for services related to
a disaster occurring within the boundaries of the State of Florida.
(2)
Civil disorder or disaster leave is provided for an employee
who is a member of a volunteer fire department, police auxiliary or reserve, civil
defense unit, or other law enforcement type organization to perform duties in time of
civil disturbances, riots, and natural disasters, including an employee who is a member
of the Civil Air Patrol or Coast Guard Auxiliary, and called upon to assist in emergency
search and rescue missions. Such leave shall not affect leave balances. They may be
granted upon approval by the President or designee and shall not exceed two days on
any one occasion.
(3)
Athletic competition leave is provided by Section 110.118, Florida
Statutes, for an employee who is a group leader, coach, official, or athlete who is a
member of the official delegation of the United States team for athletic competition.
Such paid leave not affecting leave balances shall be granted for the purpose of
preparing for and engaging in the competition for the period of the official training camp
and competition, not to exceed 30 days in a calendar year.
(4)
Leave for re-examination or treatment with respect to serviceconnected disability is provided by Section 110.119, Florida Statues, for an employee
who has such rating by the United State Department of Veterans Affairs and has been
scheduled to be reexamined or treated for the disability. Upon presentation of written
confirmation of having been so scheduled, such leave not affecting the employee's
leave balances shall be approved and shall not exceed six (6) calendar days in any
calendar year.
(e)
Official Emergency Closings. The President or President's representative
may close the University, or portions of the University, in the event an Executive Order
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declaring an emergency has been issued. When natural disasters or other sudden and
unplanned emergency conditions occur which are not covered by an Executive Order,
the President or representative shall determine whether the University, or any portion
thereof, is affected by the emergency and is to be closed. Such closings will be only for
the period it takes to restore normal working conditions. Leave resulting from such an
emergency closing shall not reduce employees' leave balances.
17.12 FAUS Personal Leave Days. An FAUS employee may be granted five (5) days
(non-cumulative) of leave per year for emergencies or for other personal reasons. The
first day of leave per year for emergencies or for other personal reasons will not be
charged to any of the employee’s leave balances. The remaining four days, if needed
and used, shall be taken from sick leave. Except in the case of emergency, the
employee shall provide at least one week notice of the intended leave. Such leave shall
not be used on the day immediately preceding or following a holiday. Employees shall
not be required to give reasons for personal leave, except that the leave is for personal
reasons.
ARTICLE 18
INTELLECTUAL PROPERTY
18.1 Policy. Section 1004.23, Florida Statutes, authorizes the University to establish
regulations and policies regarding intellectual property. To the extent such regulations
or policies affect employee as defined in this collective bargaining agreement, they shall
be consistent with the terms of this Collective Bargaining Agreement.
18.2
Definitions.
(a)
Works. A Work is any copyrightable material that is fixed in any tangible
medium such as printed material, computer software, code or databases, audio and
visual material, circuit diagrams, architectural and engineering drawings, lectures,
musical or dramatic compositions, choreographic works, pictorial works, graphic works,
sculptural works, instructional works, traditional works of scholarship, or institutional
works.
(1) Instructional Works are handbooks, syllabi, and study guides, whose
primary use is related to an employee’s instructional assignment.
(2) Traditional Works of Scholarship are Works such as scholarly
publications, journal articles, research bulletins, monographs, textbooks, plays,
poems, and works of art, whose primary use is evidence of professional activity
including research and/or creativity.
(3) Institutional Works are specifically created at the direction of and for
use by the University.
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(b)
Inventions. An Invention is a discovery, way of doing or making things, or
any new and useful improvement thereof. An Invention includes but is not limited to a
machine, method of manufacture, composition of matter, a device or process, a system,
circuit, chemical compound, mixture, method of doing business, know-how, design,
model, or technological development. An Invention can also be a variety of plant,
biological material, strain, culture of any organism, or portion, modification, translation,
or extension of these items.
(1) Computer software and/or code, which can be either patented as an
Invention or copyrighted as a Work, will be treated as an Invention for purposes
of assignment of rights and ownership.
(2) Institutional Inventions are specifically created at the direction of and
for use by the University.
(c)
University Support includes funds, personnel, facilities, equipment,
materials, or technological information provided by the University, and such support
provided by other public or private organizations when it is arranged, administered, or
controlled by or through the University or any University Direct Support Organization.
(d)
Field of Employment is broadly defined to reflect the fact that employees
often work outside their academic disciplines.
(e)
A Creator is an employee as defined in this collective bargaining
agreement who creates a Work or creates or discovers an Invention.
18.3
Disclosure.
(a)
Inventions. Upon creation or discovery, and prior to public disclosure, a
Creator shall provide full and complete written disclosure to the University Office of
Technology Transfer of any (1) Invention in his/her field of employment; (2) Invention
using University Support; or (3) Invention governed by the terms and conditions of a
grant or contract administered by the University or a University Direct Support
Organization. Within 120 days after the University’s receipt of the Creator’s written
disclosure, the University shall provide the Creator notification if the University seeks an
interest in the Invention.
(b)
Works. Upon creation and prior to publication, a Creator shall provide full
and complete written disclosure to the University Office of Technology Transfer of any
Work made with University Support, Institutional Work, or Work governed by the terms
and conditions of a grant or contract administered by the University or a University
Direct Support Organization. Creators do not have to disclose Traditional Works of
Scholarship or Instructional Works. Within sixty (60) days after the University’s receipt
of the Creator’s written disclosure, the University shall provide the Creator notification
whether the University seeks an interest in the Work.
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(c)
Employees shall assist the University in obtaining releases or assignments
from persons with rights to Works or Inventions in which the University has an interest.
Employees and the University shall not act to defeat the University’s or the Employees’
interests.
18.4
Ownership, Distribution of Proceeds and Assignment of Rights.
(a)
Inventions. Inventions made within the Creator’s Field of Employment,
Institutional Inventions, or Inventions made with University Support are the property of
the University. Inventions made outside the Creator’s Field of Employment, nonInstitutional Inventions, and inventions made without University Support are the property
of the Creator.
(b)
Works. Institutional Works or Works that express opinions for which the
University is held responsible are the property of the University. Works created with
University Support are the property of the University, unless they are Traditional Works
of Scholarship or Instructional Works.
Traditional Works of Scholarship and
Instructional Works are the property of the Creator, but such works must be made
available to, and maintained by the University for administrative purposes. The
University shall compensate the employee for any costs incurred.
(c)
Consistent with law and the legitimate interests of the University,
Employees shall control their personal correspondence and notes. Employees shall
serve as the University’s agent for purposes of maintaining and controlling laboratory
notebooks, raw data, and other working papers, all of which are the property of the
University. Employees who leave the University shall be permitted to copy laboratory
notebooks and take copies with them, although they may be required to maintain
confidentiality of the data contained within the notebook when appropriate. The original
notebooks will remain at the University.
(d)
The University shall have a policy regarding the division of proceeds
between Employees and the University for University owned Inventions and Works
(e)
The terms and conditions of a grant or contract administered by the
University may supersede this Article with the written agreement of the affected initial
Principal Investigator.
18.5
Release of Rights.
(a)
Unless prohibited by law or contract, the University may withdraw from
involvement in the protection or commercial application of an Invention or Work at any
stage and relinquish its interests to a third party. If the University assigns its interests to
a Creator, costs incurred by the University or on its behalf shall not be assessed against
the Creator, unless otherwise agreed upon in writing by the Creator and the University.
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(b) All assignments or releases of Inventions or Works by the University to
employees shall contain a provision that such Invention or Work, if patented or
copyrighted by the employee, shall be available royalty-free for educational or research
purposes by the University, or consistent with law, by the United States Government or
the State of Florida.
ARTICLE 19
CONFLICT OF INTEREST/OUTSIDE ACTIVITY
19.1
Policy.
In all official acts, an employee is bound to observe the highest standards of
ethics consistent with the code of ethics of the State of Florida (Chapter 112, Part III,
Florida Statutes and related advisory opinions) and Board and University regulations.
Nothing in this Article is intended to discourage an employee from engaging in
outside activity in order to increase the employee's professional reputation, service to
the community, or income, subject to the conditions stated herein.
19.2
Definitions.
(a)
"Reportable Outside Activity" shall mean any compensated or
uncompensated professional practice, consulting, teaching or research, which is not
part of the employee's assigned duties and for which the University has provided no
compensation.
(b)
"Conflict of Interest" shall mean:
(1)
any conflict between the private interests of the employee and the
public interests of the University, the Board of Trustees, or the State of Florida, including
conflicts of interest specified under Florida Statutes;
(2)
any activity which interferes with the full performance of the
employee's professional or institutional responsibilities or obligations; or
(3)
any outside teaching employment with any other educational
institution during a period in which the employee has an appointment with Florida
Atlantic University, except with written approval of the Dean.
19.3 Conflicts of Interest Prohibited.
Conflicts of interest are prohibited and
employees are responsible for resolving them by working with their supervisors and
other University officials.
19.4
Reportable Outside Activity.
An employee who proposes to engage in outside activity shall provide his or her
supervisor a detailed written description of the proposed activity. The report shall
include where applicable, the name of the employer or other recipient of services; the
funding source; the location where such activity shall be performed; the nature and
extent of the activity; and any intended use of University facilities, equipment, or
services. A new report shall be submitted for outside activity previously reported at the
beginning of each academic year for outside activity of a continuing nature and
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whenever there is a significant change in an activity (nature, extent, funding, etc.) The
reporting provisions of this section shall not apply to activities performed wholly during a
period in which the employee has no appointment with the University. Any outside
activity which falls under the provisions of this Article and in which the employee is
currently engaged but has not previously reported, shall be reported within sixty (60)
days of the execution of this Agreement and shall conform to the provisions of this
Article.
19.5 Expedited Grievance Procedure. In the event the proposed outside activity is
determined to constitute a conflict of interest, and the employee disagrees with that
determination, the employee may file a grievance under the expedited grievance
procedure contained in Article 20, Section 20.15.
19.6 Use of University Resources. An employee engaging in any outside activity shall
not use the facilities, equipment, or services of the University in connection with such
outside activity without prior approval of the President or representative. Approval for
the use of University facilities, equipment, or services may be conditioned upon
reimbursement for the use thereof.
19.7 No University Affiliation. As specified in Article 5.3(d), an employee engaging in
outside activity shall indicate that he/she is not an institutional representative unless
specifically authorized as such. The employee will take reasonable precautions to
ensure that the outside employer or other recipient of services understands that the
employee is engaging in such outside activity as a private citizen and not as an
employee, agent, or spokesperson of the University.
ARTICLE 20
GRIEVANCE AND ARBITRATION PROCEDURE
20.1 Policy/Informal Resolution. The parties agree that all problems should be
resolved, whenever possible, before the filing of a grievance but within the time limits for
filing grievances stated elsewhere in this Article, and encourage open communications
between administrators and employees so that resorting to the formal grievance
procedure will not normally be necessary. The parties further encourage the informal
resolution of grievances whenever possible. At each step in the grievance process,
participants are encouraged to pursue appropriate modes of conflict resolution including
the use of mediation. The purpose of this Article is to promote a prompt and efficient
procedure for the investigation and resolution of grievances.
The procedures
hereinafter set forth shall be the sole and exclusive method for resolving the grievances
of employees as defined in this Article.
20.2 Resort to Other Procedures. It is the intent of the parties to first provide a
reasonable opportunity for resolution of a dispute through the grievance procedure and
arbitration process. Except as noted below, if prior to seeking resolution of a dispute by
filing an Article 20 grievance or while the grievance proceeding is in progress, an
employee requests, in writing, resolution of the matter in any other forum, whether
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administrative or judicial, the Board or the University shall have no obligation to
entertain or proceed further with the matter pursuant to this grievance procedure. As an
exception to this provision, a grievant may file an EEOC charge while the grievance is in
progress when such filing becomes necessary to meet federal filing deadlines pursuant
to 42 U.S.C. § 2000e et seq. Further, since the parties do not intend that this grievance
procedure be a device for appellate review, the President's response to a
recommendation of a hearing officer or other individual or group having appropriate
jurisdiction in any other procedure shall not be an act or omission giving rise to a grievance under this procedure.
20.3
Definitions and Forms. As used in this Article:
(a)
The term "grievance" shall mean a dispute filed on a form referenced in
Section 20.3(c) concerning the interpretation or application of a specific term or
provision of this Agreement, subject to those exclusions appearing in other Articles of
this Agreement.
(b)
The term “grievant” shall mean an employee or group of employees who
has/have filed a grievance in a dispute over a provision of this Agreement which confers
rights upon the employee(s). In accordance with state law, the UFF may file a chapter
grievance. In order to process a chapter grievance submitted on behalf of a group of
employees, the grievance must identify the group with sufficient specificity to allow the
University to identify the individual members. A chapter grievance shall identify the
specific remedy sought for the members.
(c)
A chapter grievance or a grievance of a decision made by the President or
Provost may be initiated at Step 2. The parties may agree to consolidate grievances of
a similar nature to expedite the review process.
(d)
Grievance Forms. Each grievance, request for review, and notice of
arbitration must be submitted in writing on the appropriate form attached to this
Agreement as Appendix “C”, “D”, or “E”, respectively, and shall be signed by the
grievant. All grievance forms shall be dated and assigned an identifying number by the
Provost’s office when the grievance is received. If there is difficulty in meeting any time
limit, the UFF representative may sign such documents for the grievant; however,
grievant’s signature shall be provided prior to the Step 1 meeting or Step 2 review if filed
directly at Step 2. All grievance forms may be filed by means of fax, United States mail,
or any other recognized means of delivery, and must contain the identifying grievance
number once assigned.
20.4 Burden of Proof. The burden of proof shall be on the University only in
disciplinary grievances in accordance with Article 16, and grievances limited to the issue
of the length or lack of notice identified in Article 13.4 based on the “where
circumstances permit” clause. In all other grievances, the burden of proof shall be on
the employee.
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20.5 Representation. UFF shall have the exclusive right to represent any employee in
an Article 20 grievance unless an employee elects self-representation or to be
represented by legal counsel. If an employee elects not to be represented by UFF, the
University shall promptly inform UFF in writing of the grievance. No resolution of any
individually processed grievance shall be inconsistent with the terms of this Agreement
and for this purpose UFF shall have the right to have an observer present at all
meetings called for the purpose of discussing such grievance and shall be sent copies
of all decisions at the same time as they are sent to the other parties.
20.6 Grievance Representatives. UFF shall annually furnish to the University a list of
all persons authorized to act as grievance representatives and shall update the list as
needed. The UFF grievance representative shall have the responsibility to meet all
classes, office hours, and other duties and responsibilities incidental to the assigned
workload. Some of these activities are scheduled to be performed at particular times.
Such representative shall have the right during times outside of those hours scheduled
for these activities to investigate, consult, and prepare grievance presentations and
attend grievance hearings and meetings. Should any hearings or meetings with the
Unit Head, President, or their representatives necessitate rescheduling of assigned
duties, the representative may, with the approval of the appropriate administrator,
arrange for the rescheduling of such duties or their coverage by colleagues. Such
approval shall not be unreasonably withheld.
20.7
Appearances.
(a)
When an employee participates during working hours in an arbitration
proceeding or in a grievance meeting between the grievant or representative and the
University, that employee's compensation shall neither be reduced nor increased for
time spent in those activities.
(b)
Prior to participation in any such proceedings, conferences, or meetings,
the employee shall make arrangements acceptable to the appropriate supervisor for the
performance of the employee's duties. Approval of such arrangements shall not be
unreasonably withheld. Time spent in such activities outside regular working hours
shall not be counted as time worked.
20.8
Formal Grievance Procedure.
(a)
Filing.
(1)
A grievance shall be filed (Appendix "C") with the Unit Head,
defined as Dean, Director of Libraries, Executive Director of FAUS, and Dean of
Students for this article, or his/her representative at Step 1, or in the case of a grievance
initiated at Step 2 with the President or his/her representative, within thirty (30) days
following the act or omission being grieved, or the date on which the employee knew or
reasonably should have known of such act or omission if that date is later. Thirty days
shall be determined by a receipt executed by the office receiving the grievance, or by
the date of mailing as determined by the postmark. The grievant may amend the filed
grievance one time within the thirty day filing time period, either prior to the Step 1
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meeting for all grievances filed at Step 1, or prior to the Step 2 review for all grievances
filed directly at Step 2.
(2)
If an employee files a grievance alleging salary discrimination, the
act or omission giving rise to such a grievance may be the employee’s receipt of the
employee’s salary warrant for the first full-pay period in which the annual salary
increases referenced in Article 23 are reflected.
(3)
The filing of a grievance constitutes a waiver of any rights to judicial
review of agency action pursuant to Florida Statutes, or to the review of such actions
under University procedures which may otherwise be available to address such matters.
This grievance procedure shall be the sole review mechanism for resolving disputes
regarding rights or benefits which are provided exclusively by this Agreement. Only
those acts or omissions and sections of the Agreement identified at the initial filing may
be considered at subsequent steps.
(b)
Time Limits. All time limits contained in this Article may be extended by
mutual agreement of the parties, except that the time limits for the initial filing of a
grievance may be extended only by agreement between the University and the UFF.
Upon failure of the University to provide a decision within the time limits provided in this
Article, the grievant or the UFF, where appropriate, may appeal to the next step. Upon
the failure of the grievant or the UFF, where appropriate, to file an appeal within the time
limits provided in this Article, the grievance shall be deemed to have been resolved by
the decision at the prior step.
(c)
Postponement.
(1)
The grievant may, in the written grievance at Step 1, request the
postponement of any action in processing the grievance formally for a period of up to
thirty (30) days, during which period efforts to resolve the grievance informally shall be
made. The initial such request shall be granted. Upon the grievant’s written request,
additional extensions should be granted unless to do so would impede resolution of the
grievance. Upon request, the Unit Head or his/her representative shall, during the
postponement period(s), arrange an informal meeting between the appropriate
administrator and the grievant. The grievant shall have the right to representation by
the UFF during attempts at informal resolution of the grievance. The grievant may, at
any time, terminate the postponement period by giving written notice to the Unit Head or
his/her representative that the grievant wishes to proceed with the Step 1 meeting. If
the postponement period, or any extension thereof, expires without such written notice,
the grievance shall be deemed informally resolved to the grievant’s satisfaction and
need not be processed further.
(2)
In the case of a grievance filed pursuant to the Expedited
Grievance Procedure referenced in Section 20.15, the postponement period shall be no
more than seven (7) days unless the employee and the University agree otherwise.
(d)
Step 1.
(1)
Meeting. The Unit Head or his/her representative and the grievant
and the grievant’s representative shall meet within ten (10) days following (a) receipt of
the grievance if no postponement is requested, or (b) receipt of written notice that the
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grievant wishes to proceed with a Step 1 meeting. At the Step 1 meeting, the grievant
shall have the right to present any evidence in support of the grievance, and the
grievant and/or the UFF representative or the grievant’s legal counsel (if selected
pursuant to Section 20.5), and the Unit Head or his/her representative, shall discuss the
grievance.
(2)
Decision. The Unit Head or his/her representative shall issue a
written decision, stating the reasons therefore, to grievant’s Step 1 representative within
seven (7) days following the conclusion of the meeting. Seven days shall be determined
by a receipt executed by the office receiving the grievance, or by the date of mailing as
determined by the postmark. In the absence of an agreement to extend the period for
issuing the Step 1 decision, the grievant may proceed to Step 2 if the grievant’s Step 1
representative has not received the written decision by the end of the 10th day following
the conclusion of the Step 1 meeting. A copy of the decision shall be sent to the
grievant and to the UFF grievance representative if the grievant elected selfrepresentation or representation by legal counsel.
(3)
Documents. Where practicable, the Step 1 reviewer shall make
available to the grievant, or grievance representative, documentation referenced in the
Step 1 decision prior to its issuance. All documents referred to in the decision and any
additional documents presented by the grievant shall be attached to the decision,
together with a list of these documents. In advance of the Step 1 meeting, the grievant
shall have the right, upon written request, to a copy of any identifiable documents
relevant to the grievance.
(e)
Step 2.
(1) Review. If the grievance is not satisfactorily resolved at Step 1, the
grievant may file a written request for review (Appendix "D") with the President or
his/her representative within twenty (20) days following receipt of the Step 1 decision by
grievant’s Step 1 representative. Twenty days shall be determined by a receipt
executed by the office receiving the grievance, or by the date of mailing as determined
by the postmark.
(2) Meeting. The President or his/her representative and the grievant and
the grievant’s representative shall meet no later than seven (7) days following receipt of
written notice of request for a Step 2 review. At the Step 2 meeting, the grievant shall
have the right to present any evidence in support of the grievance, and the grievant
and/or the UFF representative or the grievant’s legal counsel (if selected pursuant to
section 20.5), and the President or his/her representative shall discuss the grievance
(3) Decision. The President or his/her representative shall issue a written
decision, stating the reasons for the decision to grievant’s Step 2 representative within
five (5) days following the conclusion of the review meeting. Five days shall be
determined by a receipt executed by the office receiving the grievance, or by the date of
mailing as determined by the postmark. In the absence of an agreement to extend the
period for issuing the Step 2 decision, UFF may proceed to Step 3 if the grievant’s Step
2 representative has not received the written decision by the end of the 10th day
following the conclusion of the Step 2 meeting. A copy of the decision shall be sent to
the grievant and to UFF if the grievant elected self-representation or representation by
legal counsel.
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(f)
Step 3 Arbitration.
(1) Filing. If the grievance has not been satisfactorily resolved at Step 2,
UFF may, upon the request of the grievant, proceed to arbitration by filing a written
notice of the intent to do so (Appendix "E"). Notice of intent to proceed to arbitration
must be filed with the FAU Board of Trustees within twenty-five (25) days after receipt of
the Step 2 decision by grievant’s Step 2 representative and shall be signed by the
grievant and the State UFF President or his or her representative or State UFF Director
of Arbitrations. Twenty-five (25) days shall be determined by a receipt executed by the
office receiving the grievance, or by the date of mailing as determined by the postmark.
The grievance may be withdrawn at any time by the grievant or by the UFF President or
Director of Arbitrations at any point during Step 3. The parties shall stipulate to the
issue(s) prior to the arbitration. In the event a stipulation is not reached, the parties
shall proceed to a hearing on arbitrability pursuant to Section 20.8(f)(4).
(2)
Selection of Arbitrator.
a.
Representatives of the Board and UFF shall meet within
ninety (90) days after the execution of this Agreement for the purpose of selecting an
Arbitration Panel of ten (10) members. Each party will propose ten (10) potential
arbitrators. From this list of twenty (20) names, the parties will alternately strike names
until a permanent Panel of ten (10) arbitrators has been selected. The right of the first
choice to strike from the list shall be determined by a flip of a coin. If at least half of the
permanent Panel of 10 arbitrators do not agree in writing to accept Expedited
Grievances (Article 20.15) from the parties when necessary, the parties will start over to
select a new permanent Panel.
b.
Within fourteen (14) days after receipt of a notice of intent to
arbitrate, representatives of the Board and the UFF shall meet for the purpose of
selecting an arbitrator from the permanent Arbitration Panel. Selection shall be by
mutual agreement or by alternately striking names from the Panel until one name
remains. The right of the first choice to strike from the list shall be determined by the flip
of a coin. The parties may mutually select as the arbitrator an individual who is not a
member of the Arbitration Panel. The arbitration shall be held within sixty (60) days
following the selection of the arbitrator.
(3)
Authority of the Arbitrator.
a.
The arbitrator shall neither add to, subtract from, modify, or
alter the terms or provisions of this Agreement. Arbitration shall be confined solely to
the application and/or interpretation of this Agreement and the precise issue(s) submitted for arbitration. The arbitrator shall refrain from issuing any statements of opinion or
conclusions not essential to the determination of the issues submitted.
b.
Where an administrator has made a judgment involving the
exercise of discretion, such as decisions regarding tenure or promotion, the arbitrator
shall not substitute the arbitrator's judgment for that of the administrator. Nor shall the
arbitrator review such decision except for the purpose of determining whether the
decision has violated this Agreement. If the arbitrator determines that the Agreement
has been violated, the arbitrator shall direct the University to take appropriate action.
An arbitrator may award back salary where the arbitrator determines that the employee
is not receiving the appropriate salary from the University, but the arbitrator may not
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award other monetary damages or penalties. If notice that further employment will not
be offered is not given on time, the arbitrator may direct the University to renew the
appointment only upon a finding that no other remedy is adequate, and that the notice
was given so late that (a) the employee was deprived of reasonable opportunity to seek
other employment, or (b) the employee actually rejected an offer of comparable
employment which the employee otherwise would have accepted.
c.
An arbitrator's decision awarding employment beyond the
sixth year shall not entitle the employee to tenure. In such cases the employee shall
serve during the seventh year without further right to notice that the employee will not
be offered employment thereafter. If an employee is reappointed at the direction of an
arbitrator, the President or representative may reassign the employee during such
reappointment.
(4)
Arbitrability. Issues of arbitrability shall be bifurcated from the
substantive issue(s) and, whenever possible, determined by means of a hearing
conducted by conference call. The arbitrator shall have ten (10) days from the hearing
to render a decision on arbitrability. If the issue is judged to be arbitrable, an arbitrator
shall then be selected to hear the substantive issue(s) in accordance with the provisions
of Section 20.8(f)(2).
(5)
Conduct of Hearing. The arbitrator shall hold the hearing in the city
where the grievant is employed, unless otherwise agreed by the parties. The hearing
shall commence within twenty-five (25) days of the arbitrator's acceptance of selection,
or as soon thereafter as is practicable, and the arbitrator shall issue the decision within
forty-five (45) days of the close of the hearing or the submission of briefs, whichever is
later, unless additional time is agreed to by the parties. The decision shall be in writing
and shall set forth findings of fact, reasoning, and conclusions on the issues submitted.
Except as expressly specified in this Article, the provisions of the Florida Arbitration
Code, Chapter 682, Florida Statutes, shall not apply. Except as modified by the
provisions of this Agreement, arbitration proceedings shall be conducted in accordance
with the current Labor Arbitration Rules of the American Arbitration Association.
(6)
Effect of Decision. The decision or award of the arbitrator shall be
final and binding upon the Board, the University, the UFF, and the grievant, provided
that either party may appeal to an appropriate court of law a decision that was rendered
by the arbitrator acting outside of or beyond the arbitrator's jurisdiction, pursuant to
Section 682.13, Florida Statutes.
(7)
Venue. For purposes of venue in any judicial review of an
arbitrator's decision issued under this agreement, the parties agree that such an appeal
shall be filed in the courts in Palm Beach County, Florida, unless both parties
specifically agree otherwise in a particular instance. In an action commenced in Palm
Beach County, neither the Board nor the UFF will move for a change of venue based
upon the defendant’s residence in fact if other than Palm Beach County.
(8)
Fees and Expenses. All fees and expenses of the arbitrator shall
be divided equally between the parties. Each party shall bear the cost of preparing and
presenting its own case including payment of expenses and compensation for its own
representatives, attorneys, and witnesses. The party desiring a transcript of the
arbitration proceedings shall provide written notice to the other party of its intention to
have a transcript of the arbitration made at least one week prior to the date of the
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arbitration. The party desiring such transcript shall be responsible for scheduling a
stenotype reporter to record the proceedings. The party originally requesting a
transcript of the proceedings shall pay for any appearance fee of the stenotype reporter.
(9)
Retroactivity. An arbitrator's award may or may not be retroactive
as the equities of each case may demand, but in no case shall an award be retroactive
to a date earlier than thirty (30) days prior to the date the grievance was initially filed in
accordance with this Article.
20.9 Filings and Notification. With the exception of Step 1 and Step 2 decisions, all
documents required or permitted to be issued or filed pursuant to this Article may be
transmitted by fax, United States mail, or any other recognized delivery service (note:
e-mail is not an acceptable form of delivery). Step 1 and Step 2 decisions shall be
transmitted to the grievant’s representative(s) by personal delivery with written
documentation of receipt or by certified mail, return receipt requested. In the event that
any action falls due on a Saturday, Sunday, or holiday (as referred to in Section 17.6),
the action will be considered timely if it is accomplished by 5:00 P.M. on the following
business day.
20.10 Precedent. No complaint informally resolved, or grievance resolved at either
Step 1 or 2, shall constitute a precedent for any purpose unless agreed to in writing by
the Board of Trustees or representatives and the UFF acting through its President or
representative.
20.11 Processing.
(a)
The filing or pendency of any grievance or arbitration proceedings under
this Article shall not operate to impede, preclude, or delay the Board from taking the
action complained of. Reasonable efforts, including the shortening of time limits when
practical, shall be made to conclude the processing of a grievance prior to the expiration
of the grievant's employment, whether by termination or failure to reappoint. An
employee with a pending grievance will not continue to be compensated beyond the last
date of employment.
(b)
The Unit Head, the President, or their representatives, may refuse
consideration of a grievance not filed or processed in accordance with this Article.
20.12 Reprisal. No reprisal of any kind will be made by the Board, the University, or the
UFF against any grievant, any witness, any UFF representative, or any other participant
in the grievance procedure for such participation.
20.13 Records. All written materials pertinent to a grievance shall be filed separately
from the evaluation file of the grievant or witnesses, except decisions resulting from
arbitration or settlement.
20.14 Inactive Grievances. A grievance which has been filed at Step 2 or Step 3 and
on which no action has been taken by the grievant or the UFF for forty-five (45) days
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shall be deemed withdrawn and resolved in accordance with the decision issued at the
prior Step.
20.15 Expedited Grievance Procedure for Conflict of Interest
(a)
A grievance filed under Article 19.5 shall be heard at Step 1 by the
President or representative no more than seven (7) days after it has been filed. The
President or representative shall issue a Step 1 decision no more than 7 days after the
Step 1 meeting.
(b)
A request for review of the Step 1 decision shall be filed using Appendix
“D,” no more than seven (7) days following the receipt of the Step 1 decision. The Step
2 meeting shall be held no more than 7 days after the receipt of Appendix “D,” and the
Step 2 decision shall be issued no more than 7 days after the meeting.
(c)
A request for arbitration using Appendix “E” shall be filed within fourteen
(14) days after receipt of the Step 2 decision. An arbitrator shall be selected by the
parties no more than fourteen (14) days following the receipt of the Appendix “E.” The
arbitrator shall issue a memorandum of decision within 7 days following the conclusion
of the arbitration, to be followed by a written opinion and award in accordance with
Section 20.8(f)(5).
(d)
All other provisions of Article 20 shall apply to these grievances, except as
noted above.
ARTICLE 21
OTHER EMPLOYEE RIGHTS
21.1 Professional Activities. Employees shall be encouraged to attend professional
meetings, conferences, and activities with the approval of their supervisor. The
University shall reimburse an employee for expenses related to such activities subject to
the availability of funds and the approval of the supervisor, in accordance with the
applicable provisions of State law and rules and regulations having the force and effect
of law.
21.2 Office Space. Each employee shall be provided with office space which may be
on a shared basis. The parties recognize the desirability of providing each employee
with enclosed office space with a door lock, office equipment commensurate with
assigned responsibilities, and ready access to a telephone. Each employee shall,
consistent with building security, have reasonable access to the employee's office
space and laboratories, studios, music rooms, and the like used in connection with
assigned responsibilities; this provision may require that campus security provide
access on an individual basis. Before an employee's office location is changed, or
before there is a substantial alteration to an employee's office to a degree that impedes
the employee's work effectiveness, the affected employee shall be notified, if
practicable, at least one (1) month prior to such change.
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21.3 Safe Conditions. Whenever an employee reports a condition which the
employee feels represents a violation of safety or health rules and regulations or which
is an unreasonable hazard to persons or property, such conditions shall be promptly
investigated. The appropriate administrator shall reply to the concern, in writing, if the
employee's concern is communicated in writing.
21.4
Limitation on Personal Liability.
(a)
In the event an employee is sued for an act, event, or omission which may
fall within the scope of Section 768.28, Florida Statutes, the employee should notify the
President's office as soon as possible after receipt of the summons commencing the
action in order that the University may fulfill its obligation. Failure to notify the employer
promptly may affect the rights of the parties.
(b)
For information purposes, the following pertinent language of Section
768.28(9), Florida Statutes, is reproduced herein.
No officer, employee, or agent of the State or its sub-divisions shall be
held personally liable in tort for any injuries or damages suffered as a
result of any act, event or omission of action in the scope of his employment or function unless such officer, employee or agent acted in bad faith
or with malicious purpose or in a manner exhibiting wanton or willful
disregard of human rights, safety or property.
21.5 Travel Advances. The University will, to the extent permitted by State law and
rule, provide travel advances, upon request, of up to eighty (80) percent of budgeted
expenses for authorized travel of longer than five (5) consecutive days.
21.6 Protection for Whistleblowers. Employees are notified that Section 112.3187,
Florida Statutes, provides protection to certain employees who are covered by the act
and delineates their rights and responsibilities.
ARTICLE 22
STUDY LEAVE AND SABBATICALS
22.1
Study Leave.
(a)
Job-Required. An employee required to take academic course work as
part of assigned duties shall not be required to charge time spent attending classes
during the work day to accrued leave.
(b)
Job-Related. An employee may, at the discretion of the supervisor, be
permitted to attend up to six (6) credits of course work per semester during work as part
of the Employee Educational Scholarship Program, provided that:
(1)
The course work is directly related to the employee's professional
responsibilities;
(2)
The supervisor determines that the absence will not interfere with
the proper operation of the work unit;
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(3)
The supervisor believes that completion of the course work would
improve the productivity of the department or function of which the employee is a part;
and
(4)
The employee's work schedule can be adjusted to accommodate
such job-related study without reduction in the total number of work hours required per
pay period.
(c)
Employees may, in accordance with this Article, use accrued annual leave
for job-related study.
22.2
Sabbaticals.
(a)
Policy. Sabbaticals for professional development are to be made
available to employees who meet the requirements set forth below. Such sabbaticals
are granted to increase an employee's value to the University through enhanced
opportunities for professional renewal, planned travel, study, formal education,
research, writing, or other experience of professional value, not as a reward for service.
(b)
Types of Sabbaticals.
(1)
The University will make available to each employee whose
application has been reviewed by the University, a sabbatical for two (2) semesters (i.e.,
one (1) academic year) at half-pay, subject to the conditions set forth below.
(2)
Each year, the University will make available at least one (1)
sabbatical at full-pay for one (1) semester for each twenty-six (26) eligible employees,
subject to the conditions set forth below.
(c)
Eligibility for Sabbaticals.
(1) Initial Sabbatical at FAU. Full-time employees who at the time of
application are tenured and serving as Associate Professor, Professor, Associate
University Librarian or University Librarian, and who will have completed at least six (6)
years of continuous full-time service within the University before beginning the
sabbatical, shall be eligible to apply for initial sabbaticals. An employee who is
compensated through a contract or grant may receive a sabbatical only if the contract or
grant allows a sabbatical and the employee meets all other eligibility requirements.
(2) Subsequent Sabbaticals at FAU. Employees shall not normally be
eligible for a second sabbatical until six (6) years of continuous full-time service are
completed following the prior sabbatical. Employees may apply during the sixth year.
(d)
Application and Selection.
(1)
Applications for sabbaticals shall be submitted in accordance with
University procedures established through the consultation process (Article 2). Each
application shall include a statement describing the program and activities to be
followed while on sabbatical, the expected increase in value of the employee to the
University and the employee's academic discipline, specific results anticipated from the
leave, any anticipated supplementary income, and a statement that the applicant agrees
to comply with the conditions of the sabbatical program as described in 22.2(e).
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(2)
Sabbaticals at half-pay shall be granted unless the University has
determined that the conditions set forth in this Article have not been met or that
departmental/unit staffing considerations preclude such sabbatical from being granted.
In this latter instance, the employee shall be provided the sabbatical the following year,
or at a later time as agreed to by the employee and the University. The period of
postponement shall be credited for eligibility for a subsequent sabbatical.
(3)
If there are more applicants for one (1) semester sabbaticals at
full-pay than available sabbaticals, the Research Committee of the University Faculty
Senate shall rank the applicants. The committee, in ranking the applicants, shall
consider the benefits of the proposed program to the employee, the University and the
profession; an equitable distribution of sabbaticals among colleges, the library,
divisions, schools, departments, and disciplines within the University; the length of time
since the employee was relieved of teaching duties for the purpose of research and
other scholarly activities; and length of service since previous sabbatical or initial
appointment. The committee shall submit a ranked list of recommended employees to
the President or representative.
The President or representative shall make
appointments from the list and consult with the committee prior to an appointment that
does not follow the committee's ranking.
(4)
No more than one (1) employee in a department/unit need be
awarded a sabbatical at the same time.
(e)
Terms of Sabbatical Program.
(1)
While on sabbatical, the employee's salary shall be one half-pay
for two (2) semesters (one (1) academic year), or full-pay for one semester.
(2)
The employee must return to the University for at least one (1)
academic year following participation in the program. Agreements to the contrary must
be reduced to writing prior to participation. Return to the University of salary received
during the program will be required in those instances where neither of the above is
satisfied.
3)
The employee must, within sixty (60) days of completion of the
sabbatical, provide a concise written report of the employee's accomplishments during
the sabbatical to the President or representative. This report shall include information
regarding the activities undertaken during the sabbatical, the results accomplished
during the sabbatical as they affect the employee and the University, and research or
other scholarly work produced or expected to be produced as a result of the sabbatical.
(4) Contributions normally made by the University to retirement and
Social Security programs shall be continued on a basis proportional to the salary
received. Board contributions normally made to employee insurance programs and any
other employee benefit programs shall be continued during the sabbatical.
(5)
Eligible employees shall continue to accrue annual and sick leave
on a full-time basis during the sabbatical.
(6)
While on leave, an employee shall be permitted to receive funds
for travel and living expenses, and other sabbatical-related expenses, from sources
other than the University such as fellowships, grants-in-aid, and contracts and grants, to
assist in accomplishing the purposes of the sabbatical. Receipt of funds for such
purposes shall not result in reduction of the employee's University salary. Grants for
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such financial assistance from other sources may, but need not, be administered
through the University. If financial assistance is received in the form of salary, the
University salary shall normally be reduced by the amount necessary to bring the total
income of the sabbatical period to a level comparable to 125% of the employee's
current year salary rate. Employment unrelated to the purpose of the sabbatical leave is
governed by the provisions of Article 19, Conflict of Interest And Outside Activity.
(7) If plans include providing technical information to persons who are not
United States citizens, an employee must consult with the Office of General Counsel
prior to departure. The provision of technical knowledge outside the United States is
considered an export and is regulated by the U.S. Commerce Department or the State
Department depending upon the type of knowledge being exported. Those agencies
require a license before the knowledge may be communicated.
22.3 Retraining. The University may, at its discretion, provide opportunities for
retraining of employees when it is in the University's best interests. Such opportunities
may be provided to employees who are laid off, to those who are reassigned, or in other
appropriate circumstances. These retraining opportunities may include enrollment in
tuition-free courses.
22.4
FAUS Sabbaticals.
(a)
Policy. Sabbaticals for research or scholarly work are to be made
available to employees who meet the requirements set forth below. Such sabbaticals
are granted to increase an employee's value to the FAUS through enhanced
opportunities for research, writing, or other experience of professional value, not as a
reward for service.
(b)
Type of Sabbatical. Once every two (2) years, the FAUS will make
available at least one (1) sabbatical at half-pay for one (1) FAUS academic year for
eligible employees, subject to the conditions set forth below. FAUS may provide
sabbaticals that are equivalent to the one (1) year, half-pay sabbatical upon consultation
with the UFF Chapter representative.
(c)
Eligibility for Sabbatical. Full-time permanent status employees ranked as
Associate or full University School Professors with at least six (6) years of full-time
service at the FAUS shall be eligible for sabbaticals. Eligible employees shall be
notified annually regarding eligibility requirements and application deadlines.
(d)
Application and Selection.
(1)
Applications for sabbaticals shall be submitted in accordance with
procedures established through the FAUS consultation process (Article 2). At a
minimum, each application shall include a statement describing the program and
activities to be followed while on sabbatical, the expected increase in value of the
employee to FAUS and his/her academic discipline, specific results anticipated from the
leave, any anticipated supplementary income, and a statement that the applicant agrees
to comply with the conditions of the sabbatical program as described in 22.4(e).
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(2)
A joint College of Education/FAUS Research Committee shall rank
the applicants for the purpose of making a recommendation to the FAUS Executive
Director regarding the awarding of the sabbatical. The committee shall be comprised of
permanent status employees chosen by the FAUS Executive Director in consultation
with UFF. The committee chairperson shall be selected by majority vote of the
committee. The committee, in ranking the applicants, shall consider the benefits of the
proposed program to the employee, the FAUS, and the profession; the needs of the
FAUS; and the length of time since the employee was last provided an opportunity for
professional renewal. The committee shall submit a ranked list of recommended
employees to the FAUS Executive Director or representative who shall make the final
decision regarding the awarding of the sabbatical.
(e)
Terms of Sabbatical Program.
(1)
The employee must return to the FAUS for at least one (1)
academic year immediately following the sabbatical. Agreements to the contrary must
be reduced to writing prior to participation. Return to the FAUS of salary received
during the program may be required in those instances where neither of the above is
satisfied.
(2)
The employee must, within sixty (60) days of returning from the
sabbatical, provide a concise written report of the employee's accomplishments during
the sabbatical to the FAUS Executive Director or representative. This report shall
include information regarding the activities undertaken during the sabbatical, the results
accomplished during the sabbatical as they affect the employee and the FAUS and
research or other scholarly work produced or expected to be produced as a result of the
sabbatical.
(3)
Employees shall not normally be eligible for a second sabbatical
until six (6) years of continuous service are completed following the first.
(4)
Contributions normally made by the Board to retirement and Social
Security programs shall be continued on a basis proportional to the salary received.
Board contributions normally made to employee insurance programs and any other
employee benefit programs shall be continued during the sabbatical.
(5)
Employees shall continue to accrue sick leave on a full-time basis
during the sabbatical.
ARTICLE 23
SALARIES
23.1 University Compensation Increases for Faculty. The Florida Atlantic University
Board of Trustees has approved funds for performance based increases, to be
distributed in the following categories:
(a)
Promotion Increases. Promotion increases shall be granted to employees
pursuant to the status quo currently in Article 14 of the 2006-2009 FAU BOT/UFF
Collective Bargaining Agreement, effective August 10, 2009 for those promoted in 2009,
and August 11, 2010 for those promoted in 2010. These increases shall be granted in
an amount equal to 9.0% of the employee’s previous year’s base salary in recognition of
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promotion to Associate Professor, Associate in ________, Associate Scholar/Scientist,
Associate Engineer, Associate Research Professor, and Associate University Librarian;
and 12% of the employee’s previous year’s base salary in recognition of promotion to
Professor, Scholar/Scientist, Engineer, Research Professor and University Librarian.
(b)
Performance Based Merit Increases.
(1)
All permanent bargaining unit employees under appointment as of
May 1, 2010 and who have continued employment through August 11, 2010, who have
at least Above Satisfactory overall annual evaluation for the 2009-2010 academic year
or the 2009 calendar year will be eligible. Permanent faculty includes instructors,
lecturers, multi-year appointees, tenured or tenure-earning faculty, and faculty and
librarians enrolled in DROP. Employees on contracts or grants shall receive salary
increases equivalent to similar employees on regular funding, provided that such salary
increases are permitted by the terms of the contract or grant and adequate funds are
available for this purpose in the contract or grant.
(2)
The University shall provide merit increases to each college/unit
equal to approximately 1.0% of the total base salary rate of employees in the unit on
May 1, 2010.
The Dean/Director/Unit Head shall distribute these funds in a
proportionate, fair and equitable manner to the department/unit.
(3)
Merit increases shall be provided to eligible employees consistent
with criteria specified in Section 10.4 and procedures developed pursuant to Section
10.3(b).
(4)
The merit increase, expressed as a percentage of an employee's
base salary, shall be equal for employees with equal evaluations.
(5)
The increases shall be effective August 11, 2010.
(c)
Market Equity Increase.
(1)
All permanent bargaining unit employees who have three or more
academic years of consecutive assignment at FAU as of May 1, 2010 will be eligible.
Permanent faculty includes instructors, multi-year appointees, tenured or tenure-earning
employees, and faculty and librarians enrolled in DROP. Employees on contracts or
grants shall receive salary increases equivalent to similar employees on regular funding,
provided that such salary increases are permitted by the terms of the contract or grant
and adequate funds are available for this purpose in the contract or grant.
(2)
The employee’s three year average overall evaluation must be
Satisfactory or higher.
(3)
The employee’s May 1, 2010 salary must be below 80% of the
mean salary for comparable departments and comparable ranks in the most recent
Oklahoma State University Salary survey (or equivalent) for employees whose three
year overall annual evaluations are Satisfactory, below 100% of the mean salary for
comparable departments and comparable ranks in the most recent Oklahoma State
University Salary survey (or equivalent) for employees whose three year overall
evaluations are Above Satisfactory, and below 120% of the mean salary for comparable
departments and comparable ranks for employees whose three year overall annual
evaluations are Excellent.
(4)
The University shall provide market equity funds equal to
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approximately 1.0% of the total base salary rate of employees on May 1, 2010. This
amount is defined as the Available Market Equity for the unit.
(5)
The Available Market Equity shall be distributed by an elected
faculty committee within each college unit consistent with Section 23.1(c). The
members of the Market Equity Committee shall be eligible for market equity funds. The
criteria the Committees use to distribute funds shall be made available to faculty before
the funds are distributed.
(6)
These increases shall be effective August 11, 2010.
(d)
Retention Increase. All bargaining unit employees (except FAUS and
AMP) under appointment as of May 1, 2010 and who have continued employment
through August 11, 2010 shall receive a retention increase equal to 1.0% of the
employee’s previous year’s base salary effective August 11, 2010. Employees on
contracts or grants shall receive salary increases equivalent to similar employees on
regular funding, provided that such salary increases are permitted by the terms of the
contract or grant and adequate funds are available for this purpose in the contract or
grant.
23.2
Florida Atlantic University School Employees
(a)
FAUS Employee Permanent Status and Promotion Increases.
(1) Promotion increases shall be granted to FAUS employees pursuant to
procedures and criteria for achieving Permanent Status and/or promotion to each rank,
effective August 18, 2009 for those promoted in 2009, and August 16, 2010 for those
promoted in 2010.
(2) These increases shall be granted to employees in an amount equal to
a specified percentage of the employee’s previous years’ base salary at the time of
promotion to one of the ranks described below:
3%
7%
8%
9%
For achieving Permanent Status;
To University School Assistant Professor;
To University School Associate Professor; and
To University School Professor
(b) Retention and Merit Compensation Increases for FAUS Faculty.
The Florida Atlantic University Board of Trustees has approved funds for
performance based increases for eligible employees. The increases are to be
distributed in the following categories:
(1)
Retention Increase.
All eligible permanent bargaining unit
employees who were employed as of May 1, 2010 and have continued employment
through August 16, 2010, shall receive a 1.0% base salary increase. This increase will
be effective August 16, 2010.
(2)
Merit Based Increases. The University shall provide a combined
merit salary increase pool to eligible FAUS employees equal to 2.0% of the total base
salary rate of FAUS employees in the unit on May 1, 2010. All eligible permanent FAUS
employees who were employed as of May 1, 2010, and have continued employment
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through August 16, 2010, shall receive a merit base salary increase. These increases
will be effective August 16, 2010.
(c) Equity Increases for FAUS Faculty.
(1)
The University shall develop a FAUS Equity Survey taking into
consideration pay plans from public school districts throughout the FAUS service area.
The FAUS Equity Survey shall serve as a baseline for equity comparison only.
(2)
The FAUS employee’s May 1, 2010 salary must be below 100% of
the mean salary for comparable teachers in the most recent FAUS Equity Survey for
employees whose 2009-10 overall annual evaluations are Satisfactory, and below 120%
of the mean salary for comparable teachers in the most recent FAUS Equity Survey for
employees whose 2009-10 overall evaluations are Outstanding.
(3)
The University shall provide $21,500 as the 2010-11 FAUS
Available Market Equity for the eligible FAUS unit.
(4)
The FAUS Available Market Equity shall be distributed by an
elected faculty committee of FAUS employees consistent with Section 23.2(c). The
members of the FAUS Market Equity Committee shall be eligible for market equity
increases subject to 23.2(d). The criteria the FAUS Committee uses to distribute funds
shall be made available to FAUS faculty before the funds are distributed.
(5)
The FAUS Market Equity Committee must notify the Dean or
Assistant Dean of the distribution of the 2010-11 FAUS Available Market Equity funds
on or before October 15, 2010, or the Dean or designee shall determine the distribution
of these funds in his/her sole discretion. These equity increases shall be effective
August 16, 2010.
(d) Eligibility.
(1)
Each eligible part-time employee shall receive any applicable
increase pro-rated based on the full-time equivalency of the position.
(2)
Employees on contracts or grants shall receive the applicable
salary increase provided that such salary increases are permitted by the terms of the
contract or grant and adequate funds are available for this purpose in the contract or
grant.
(3)
Eligibility for any wage increase requires at least a Satisfactory
overall annual evaluation for the 2009-2010 academic year.
(4)
Merit Based Increases, 23.2(b)(2) above, shall be distributed based
on FAUS merit criteria as last approved by both the faculty and administration.
(5)
Eligibility for Equity Increases, 23.2(c) above, requires one or more
academic years of consecutive assignment at FAUS as of August 1, 2010.
(e)
The Dean of the College of Education or designee, in consultation with the
FAUS representative of the UFF, shall develop starting salary standards to be used
solely for purposes of determining the minimum starting salaries of new FAUS
employees at the time of their initial appointment. The standards, which shall be
provided to the University and the UFF prior to implementation, shall take into
consideration:
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a. Years of service;
b. Attainment of an advanced degree; and
c. Local market factors.
(f) Joint Appointments.
FAUS employees holding joint appointments with a department or unit in the
University shall be eligible for any salary increases available to other part-time members
of the bargaining unit in such department/unit of the University, with such increases
appropriately pro-rated.
(g)
FAUS Supplements.
FAUS employees shall receive salary supplements for approved extracurricular
activities assigned by the Director under the following conditions:
(1)
The activity must involve duties that extend beyond the normal
workday;
(2)
Employees shall receive a separate salary supplement for each
assigned activity;
(3)
The amount of the salary supplement shall be determined after
consultation with the FAUS UFF representative.
(4)
Salary supplements are not to be included in the base salary rate
upon which future salary increases are calculated.
23.3
Administrative, Managerial and Professional Pay Plan.
(1)
The FAU Board of Trustees shall provide eligible AMP bargaining
unit employees with a 1.0% across-the-board and a merit salary increase from funds
equal to 2.0% of the May 1, 2010 salary base of eligible bargaining unit employees.
(2)
These increases shall be distributed according to the AMP criteria
for the University.
(3)
These increases shall be effective August 11, 2010.
23.4 Report to Employees. All employees shall receive notice of their salary increase,
if applicable. Upon request, an employee shall have the opportunity to consult with the
person or committee which makes the initial recommendation for salary increases.
23.5 Nothing contained herein shall prevent the University from providing salary
increases beyond the increases specified above. These increases are provided for
market equity considerations, including verified counteroffers; documented
compression/inversion; increased duties and responsibilities; special achievements;
litigation/settlements; and similar situations. In the event the University or college
develops procedures for distributing increases under this section, a copy will be
provided to the UFF. The UFF shall have the opportunity to discuss the procedures in
consultation with the President or his/her representative prior to their implementation.
23.6 Grievability. The only issues to be addressed in a grievance filed pursuant to
Article 20 alleging violation of this Article are whether there is unlawful discrimination
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under Article 6, or whether there is an arbitrary and capricious application of the
provisions of one or more Sections of this Article.
23.7
Type of Payment for Assigned Duties
(a)
Duties and responsibilities assigned by the University to an employee
which do not exceed the available established FTE for the position shall be
compensated through the payment of Salary, not Temporary Employment, unless
stated otherwise in this Agreement.
(b)
Duties and responsibilities assigned by the University to an employee
which are in addition to the available established FTE for the position shall be
compensated through Temporary Employment, not Salary.
ARTICLE 24
BENEFITS
24.1 Benefits. FAU employees are offered a variety of benefit and retirement options.
These are explained at orientation sessions at the time of hire and information is
available from the staff or website of Human Resources.
24.2 Benefits Improvements. The Board and UFF support legislation to provide
adequate and affordable health insurance to all employees.
24.3 Part-Time Employees. Part-time employees, except those in positions funded
from Other Personal Services funds, are entitled to employer-funded benefits under the
provisions of State law and the rules of the Department of Management Services and
the Division of Retirement. Part-time employees should contact the Department of
Human Resources at the University to determine the nature and extent of the benefits
for which they are eligible.
24.4 Retirement Credit. Retirement credit for employees who are authorized to take
uncompensated or partially compensated leaves of absence shall be granted in
accordance with State law and the rules of the Division of Retirement as they may exist
at the time leave is granted. The current Florida Retirement System rules also require
that to receive full retirement credit, the employee on uncompensated or partially
compensated leave must make payment of the retirement contribution that would
otherwise be made by the University, plus interest, if applicable. Employees who are to
take such a leave of absence should contact the Department of Human Resources for
complete information prior to taking the leave.
24.5
Benefits for Retired Employees.
(a)
Employees retired from the University shall be eligible, upon request, and
on the same basis as other employees, subject to University policies, to receive the
following benefits at the University:
(1)
FAU Owl card;
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(2)
Use of the University library (i.e., public rooms, lending and
research service);
(3)
Placement on designated University mailing lists;
(4)
A University parking decal at adjunct rates;
(5)
Use of University recreational facilities (retired employees may be
charged fees different from those charged to other employees for the use of such
facilities);
(6)
The right to enroll in courses without payment of fees, on a space
available basis, in accordance with the provisions of Section 1009.26(4), Florida
Statutes;
(7)
A mailbox in the department/unit from which the employee retired,
subject to space availability and
(8)
University e-mail address.
(b)
In accordance with University policy, and on a space available basis, the
University is encouraged to grant a retired employee's request for office or laboratory
space.
(c)
With the exception of retirees who participated in the SUS Optional
Retirement Program and for whom provisions have been made, retired employees of
any State-administered retirement system are entitled to health insurance subsidy
payments in accordance with Section 112.363, Florida Statutes.
24.6
Phased Retirement Program.
(a)
Eligibility.
(1)
Employees who have accrued at least six (6) years of creditable
service in the Florida or Teachers Retirement System (FRS, TRS) or Optional
Retirement Program (ORP), except those employees referenced in 24.6(a)(2), are
eligible to participate in the Phased Retirement Program. Such eligibility shall expire on
the employee's 70th birthday. Employees who decide to participate must provide
written notice to the University of such decision prior to the expiration of their eligibility,
or thereafter forfeit such eligibility. Employees who choose to participate must retire
with an effective date not later than 180 days, nor less than ninety (90) days, after they
submit such written notice, except that when the end of this 180 day period falls within a
semester, the period may be extended to no later than the beginning of the subsequent
term (semester or summer, as appropriate).
(2)
Employees not eligible to participate in the Phased Retirement
Program include those who have received notice of non-reappointment, layoff, or
termination, those who participate in the State’s Deferred Retirement Option Program
(DROP), and FAUS employees.
(b)
Program Provisions.
(1)
All participants must retire and thereby relinquish all rights to
tenure/permanent status as described in Article 15, except as stated otherwise in this
Article. Participants' retirement benefits shall be determined as provided under Florida
Statutes and the rules of the Division of Retirement.
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(2)
Payment for Unused Leave. Participants shall, upon retirement,
receive payment for any unused annual leave and sick leave to which they are entitled.
(3)
Re-employment.
a.
Prior to re-employment, participants in the Phased
Retirement Program must remain off the University payroll for the time required by state
law and the Florida Division of Retirement in order to validate their retirement.
Participants must comply with any re-employment limitations that apply pursuant to the
provisions of state law and either the Florida Retirement System (which includes ORP)
or the Teachers Retirement System, as appropriate.
b.
Participants shall be offered re-employment, in writing, by
the University under OPS/Temporary funding for one-half of the academic year as an
adjunct instructor but may retain their pre-retirement working title. Participants will be
identified in University directories and other university publications by their preretirement rank. The University and employee may agree to less than one-half of the
academic year. The written re-employment offer shall contain the text of Section
24.6(b)(3)d. below.
c.
Compensation during the period of re-employment shall be
at a salary proportional to the participant's salary prior to retirement, including an
amount comparable to the pre-retirement employer contribution for health and life
insurance and an allowance for any taxes associated with this amount. The assignment
shall be scheduled within one (1) semester unless the participant and the University
agree otherwise, subject to the conditions outlined in (3)a.
d.
Participants shall notify the University in writing regarding
acceptance or rejection of an offer of re-employment not later than thirty (30) days after
the employee’s receipt of the written re-employment offer. Failure to notify the
University regarding re-employment may result in the employee's forfeiting reemployment for that academic year.
(4)
Leave for Illness/Injury.
a.
Each participant shall be credited with five (5) days of leave
with pay at the beginning of each full-time semester appointment. For less than full-time
appointments, the leave shall be credited on a pro-rata basis with the assigned FTE.
This leave is to be used in increments of not less than four (4) hours (½ day) when the
participant is unable to perform assigned duties as a result of illness or injury of the
participant or a member of the participant's immediate family. For the purposes of this
Section, immediate family shall include the participant's spouse, mother, father, brother,
sister, natural, adopted, or step child, or other relative living in the participant's
household.
b.
Such leave may be accumulated; however, upon termination
of the post-retirement re-employment period, the participant shall not be reimbursed for
unused leave.
(5)
Personal Non-Medical Leave
a.
Each participant who was on a twelve (12) month
appointment upon entering the Phased Retirement Program and whose assignment
during the period of re-employment is the same as that during the twelve(12) month
appointment shall be credited with five (5) days of leave with pay at the beginning of
each full-time semester appointment. This leave is to be used in increments of not less
Page 75 of 100
than four (4) hours (½ day) for personal reasons unrelated to illness or injury. Except in
the case of emergency, the employee shall provide at least two (2) days notice of the
intended leave. Approval of the dates on which the employee wishes to take such leave
shall be at the discretion of the supervisor and shall be subject to the consideration of
departmental and organizational scheduling.
b. Such leave shall not be accumulated, nor shall the participant
be reimbursed for unused leave upon termination of the post-retirement period.
(6)
Re-employment Period.
a.
The period of re-employment obligation shall extend over
five (5) consecutive academic years, beginning with the academic year of the first
assignment. No further notice of cessation of employment is required.
b.
The period of re-employment obligation shall not be
shortened by the University, except under the provisions of Article 13 or 16 of the
Agreement.
(7) Declining Re-employment. A participant may decline an offer of reemployment during any academic year. Such a decision shall not extend the period of
re-employment beyond the period described in Section 24.6(5)b. At the conclusion of
the re-employment period, the University may, at its option, continue to re-employ
participants in this program on a year-to-year basis.
(8)
Salary Increases.
Participants shall receive all increases
guaranteed to employees in established positions, in an amount proportional to their
part-time appointment.
(9)
Preservation of Rights.
Participants shall retain all rights,
privileges, and benefits of employment, as provided in laws, rules, the BOT-UFF
Agreement, and University policies, subject to the conditions contained in this Article.
(10) Payroll Deductions. The UFF payroll deductions, as specified in
Article 26, if applicable, shall be continued for a program participant during each reemployment period.
(11) Contracts and Grants. Nothing shall prevent the employer or the
participant, consistent with law and rule, from supplementing the participant's
employment with contracts or grants.
(12) The decision to participate in the Phased Retirement Program is
irrevocable after the required approval document has been executed by all parties.
24.7 Free University Courses for Employees.
Full-time employees, including
employees on sabbaticals or on professional development or grants-in-aid leave, may
enroll for up to six (6) credit hours of instruction per term (Fall, Spring, or Summer)
under the Employee Educational Scholarship Program (EESP). Information on this
program is available on the Human Resources webpage.
24.8 Employee Assistance Programs. Employees shall be entitled to participate in the
existing Employee Assistance Program (EAP) available to other FAU employees. Any
policies created or revised by the University in the development or operation of its EAP
shall be discussed in consultation with the local UFF Chapter.
Page 76 of 100
24.9 Pre-tax Benefits Program. The Board shall continue to provide a pre-tax benefits
program for salaried employees in the State University System which includes the
opportunity to: (1) pay for their State insurance premiums on a pre-tax basis and,
(2) utilize flexible spending accounts for medical and dependent care expenses.
ARTICLE 25
REPEALED 10/2009
ARTICLE 26
PAYROLL DEDUCTION
Pursuant to the provisions of Section 447.303, Florida Statutes, the University and the
UFF hereby agree to the following procedure for the deduction and remittance of the
UFF membership dues and other UFF deductions.
26.1
Deductions.
(a)
During the term of this Agreement, the University agrees to deduct the
UFF membership dues in an amount established by the UFF and certified in writing by
the FAU-UFF Chapter President to the University, and to make other UFF deductions in
an amount authorized by an employee, from the pay of those employees in the
bargaining unit who individually and voluntarily make such request on a written
authorization form as contained in Appendix "B" to this Agreement.
(b)
Deductions will be made biweekly beginning with the first full-pay period
commencing at least seven (7) days following receipt of authorization by the University.
The UFF shall give written notice to the University of any changes in its dues at least
forty-five (45) days prior to the effective date of any such changes.
26.2 Remittance. The dues and other authorized deductions shall be remitted by the
University to the UFF on a biweekly basis within thirty (30) days following the end of the
pay period. Accompanying each remittance shall be a list of the employees from whose
salaries such deductions were made and the amounts deducted. This list shall be
provided in machine-readable form.
26.3 Termination of Deduction. The University’s responsibility for deducting dues and
other authorized deductions from an employee's salary shall terminate automatically
upon thirty (30) days written notice from the employee to the Human Resources Office.
The University will notify the UFF of the written notice of the termination of deduction
authorization.
26.4 Reinstatement of Deduction. The University shall reinstate dues deductions for
employees who have previously filed authorization for dues deduction and are
subsequently placed in leave without pay status, or who participate in the Phased
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Retirement Program, upon commencement of full- or part-time employment in the
University.
26.5 Indemnification. UFF assumes responsibility for (1) all claims against the Board
and the University, including the cost of defending such actions, arising from their
compliance with this Article, and for (2) all monies deducted under this Article and
remitted to the UFF. The UFF shall promptly refund to the University excess monies
received under this Article.
26.6 Exceptions. The University will not deduct any UFF fines, penalties, or special
assessments from the pay of any employee, nor is the University obligated to provide
more than one payroll deduction field for the purpose of making the deductions
described in this Article.
ARTICLE 27
MAINTENANCE OF BENEFITS
No employee may be required to waive the benefits provided by the terms of this
Agreement. No employee shall, as a result of the establishment of a level of rights or
benefits in this Agreement, suffer a loss or diminution of any such rights or benefits for
which otherwise eligible.
ARTICLE 28
MISCELLANEOUS PROVISIONS
28.1 No Strike or Lockout. The Board agrees that there will be no lockout or at the
University during the term of this Agreement. UFF agrees that there will be no strike by
it or by any employees during the term of this Agreement.
28.2 Effect of Passage of Law. Any provision of this Agreement which is contrary to
law, but becomes legal during the term of this Agreement, shall be reinstated consistent
with such legislation.
28.3 Legislative Action. The Board and the UFF agree not to seek a change in State
statute with the intent to alter a term of this Agreement.
28.4 Venue. For purposes of venue in any judicial review of an arbitrator's decision,
the parties elect to submit themselves to the jurisdiction of the courts in Palm Beach
County, Florida. In an action commenced in Palm Beach County, neither the Board nor
UFF will move for a change of venue based upon the defendant's residence in fact if
other than Palm Beach County, Florida.
28.5 Copies of the Agreement. The Board agrees to maintain a copy of the ratified
Agreement on the University’s website in a prominent and readily accessible location
that is mutually agreed upon by the parties.
Page 78 of 100
28.6
Class Titles.
(a)
Whenever the University creates a new class, it shall designate such class
as being either within or outside the bargaining unit and shall notify UFF. Further, if the
University revises the specifications of an existing class so that its bargaining unit
designation is changed, it shall notify UFF of such new designation. Within ten (10)
days following such notification, UFF may request a meeting with the President or
representative for the purpose of discussing the designation. If, following such discussion, UFF disagrees with the designation; it may request the Florida Public Employees
Relations Commission to resolve the dispute through unit clarification proceedings.
(b)
An employee may request a review of the appropriateness of the
employee's classification by the appropriate University office. In case of disagreement
with the results of the review, the matter shall be discussed in accordance with Article 2,
Consultation, but shall not be subject to Article 20, Grievance Procedure.
28.7 Salary Rate Calculation and Payment. The biweekly salary rate of employees
serving on twelve (12) month (calendar year) appointments shall be calculated by
dividing the calendar year salary rate by 26.1 pay periods.
28.8 Titles and Headings. The titles of articles and headings which precede text are
inserted solely for convenience of reference and shall not be deemed to limit or affect
the meaning, construction, or effect of any provision of this Agreement.
28.9 If an FAUS employee is designated to transport students consistent with the
requirements of the Laws of Florida (Florida Uniform Classified Commercial Driver’s
License Act), FAUS shall pay the costs associated with the employee’s licensure and
endorsement.
28.10 Delivery of Notice. For the purposes of this Agreement, delivery of notice in
person is completed upon personal delivery. Any notice sent by any overnight service,
certified or registered mail is completed upon proof of attempted or completed delivery,
or actual receipt, whichever is sooner. Any notice sent by regular mail, email or fax is
completed upon delivery.
ARTICLE 29
SEVERABILITY
29.1 Failure of a Provision. If any provision of this Agreement (a) is found to be invalid
or unenforceable by final decision of a tribunal of competent jurisdiction, (b) is rendered
invalid by reason of subsequently enacted legislation, or (c) shall have the effect of a
loss to the State of Florida or to FAU of funds, property, or services made available
through federal law, or (d) pursuant to Florida Statutes Section 447.309(3), can take
effect only upon the amendment of a law, rule, or regulation and the government body
having such amendatory authority fails to take the appropriate legislative action, then
that provision shall be of no force or effect, but the remainder of the Agreement shall
continue in full force and effect. The Board and the UFF shall enter into immediate
Page 79 of 100
negotiations to replace a provision of the Agreement that fails for reason (a), (b), or (c)
above.
The Board and UFF retain the right to bargain provisions that fail for reason (d) above.
ARTICLE 30
DURATION
30.1 Term of Agreement. The term of this agreement shall be from July 1, 2009 until
June 30, 2012.
30.2 Reopeners. Either party may reopen negotiations on two (2) articles for contract
year July 1, 2010 through June 30, 2011 and two (2) articles for contract year July 1,
2011 through June 30, 2012 by providing written notice to the other party. Article 23 on
Salaries is resolved and may not be reopened for 2010-2011. Article 23 may be a
subject of bargaining for contract year 2011-2012 in addition to any reopened articles.
Notice must be given no later than either February 1st before the contract year or within
30 days following a BOT ratification, whichever is later.
30.3 Retroactive Application of Benefits. Except where retroactivity is allowed by
express contract language, any change in terms or benefits of employment will be
effective upon ratification.
ARTICLE 31
TOTALITY OF AGREEMENT
31.1 Limitation. The parties acknowledge that during the negotiations which resulted
in the Agreement, the Board and UFF had the unlimited right and opportunity to present
demands and proposals with respect to any and all matters lawfully subject to collective
bargaining, and that all of the understandings and agreements arrived at thereby are set
forth in this Agreement, and that it shall constitute the entire and sole Agreement
between the parties for its duration.
31.2 No Obligation to Bargain. The Board and UFF, during the term of this
Agreement, voluntarily and unqualifiedly waive the right, and agree that the other shall
not be obligated, to bargain collectively with respect to any subject or matter, whether or
not referred to or covered by this Agreement, even though such subject or matter may
not have been within the knowledge or contemplation of the parties at the time they
negotiated or signed this Agreement.
31.3 Modifications. Nothing herein shall, however, preclude the parties from mutually
agreeing to alter, amend, supplement, delete, enlarge, or modify any of the provisions of
this Agreement in writing.
Page 80 of 100
ARTICLE 32
DEFINITIONS
As used in this Agreement, the term:
-"academic year" means a period consisting of a fall and spring semester of
approximately 39 contiguous weeks, or approximately 42 weeks for FAUS.
-"FAUS" means Florida Atlantic University Schools, including A.D. Henderson
University School and FAU High School.
-"bargaining unit" means those employees, collectively, represented for collective
bargaining purposes by UFF pursuant to the Florida Public Employees Relations
Commission Certification Order Number 04E-010, dated January 9, 2004. Attached as
Appendix "A," for information purposes only and not made a part of the Agreement, is
the listing of titles included in the General Faculty bargaining unit.
--
"Board" means the FAU Board of Trustees body established by Florida Statutes.
-"break in service" means those absences following which the employee is treated
as a new employee for purposes of computing seniority and years of service.
-"college/unit" means a college or a comparable administrative unit generally
equivalent in size and character to a college.
-"continuous service" means employment uninterrupted by a break in service. For
academic year employees (9 or 10 month employees), one year of continuous service is
equivalent to the nine (9) or ten (10) month employment period.
--
"days" means calendar days.
-"department/unit" means a department or a comparable administrative unit
generally equivalent in size and character to a department.
--
"employee" means a member of the bargaining unit.
--
"equitable" means fair and reasonable under the circumstances.
--
"months" means calendar months.
--
number: The singular includes the plural.
-"principal place of employment" means the campus location or other University
site specified on the employee's standard Notice of Appointment.
Page 81 of 100
-"semester" means one of the two approximately 19.5 week periods
(approximately 21 week period for FAUS) which together constitute the academic year.
-"supervisor" means an individual identified by the President or representative as
having immediate administrative authority over bargaining unit employees.
--
"UFF" means the FAU Chapter of United Faculty of Florida.
-"unit head" is defined as Dean, Director of Libraries, Executive Director of FAUS
and Dean of Students.
--
"University" means Florida Atlantic University.
--
"year" means a period of twelve (12) consecutive months.
Page 82 of 100
APPENDIX A
POSITION CLASSIFICATIONS
IN THE BARGAINING UNIT
All employees in the following position classifications holding regular, visiting,
provisional, research, affiliate, or joint appointments are included in the bargaining unit:
9001 - Professor
9002 - Associate Professor
9003 - Assistant Professor
9004 - Instructor
9005 - Lecturer
9006 - Graduate Research Professor
9007 - Distinguished Service Professor
9009 - Eminent Scholar
9016 - University School Professor
9017 - University School Associate Professor
9018 - University School Assistant Professor
9019 - University School Instructor
9053 - University Librarian
9054 - Associate University Librarian
9055 - Assistant University Librarian
9056 - Instructor Librarian
9120 - Associate in ______________
9121 - Assistant in ______________
9160 - Scholar/Scientist/Engineer/Research Professor
9161 - Associate Scholar/Associate Scientist/Associate
Engineer/Associate Research Professor
9162 - Assistant Scholar/Assistant Scientist/Assistant
Engineer/Assistant Research Professor
9166 - Research Associate
9178 - Instructional Specialist
9334 - Specialist, Computer Research
9434 - Psychologist
9462 - Physician
9495 - Student Counseling Specialist
Together with employees in the above classifications with the following administrative
titles:
Associate Chair (C2) - Crossed over to: 9063 - Associate Chair and Professor
9064 - Associate Chair and Associate
Professor
9065 - Associate Chair and Assistant
Professor
Page 84 of 100
9095 - Associate Chair and Instructor
Assistant Chair (C3) - Crossed over to: 9066 - Assistant Chair and Professor
9067 - Assistant Chair and Associate
Professor
9068 - Assistant Chair and Assistant
Professor
9069 - Assistant Chair and Instructor
Coordinator (N1) - Crossed over to:
9115 - Coordinator
9116 - Coordinator and Professor
9117 - Coordinator and Associate
Professor
9118 - Coordinator and Assistant
Professor
9119 - Coordinator and Instructor
Program Director (G1) - Crossed over to:9126 - Program Director
9127 - Program Director and Professor
9128 - Program Director and Associate
Professor
9129 - Program Director and
Assistant Professor
9130 - Program Director and
Instructor
Associate Program Director (G2) - Crossed over to:
9140 - Associate Program
Director and Professor
9141 - Associate Program
Director and Associate Professor
9142 - Associate Program
Director and Assistant Professor
9143 - Associate Program
Director and Instructor
Assistant Program Director (G3) - Crossed over to:
9144 - Assistant Program
Director and Professor
9145 - Assistant Program
Director and Associate Professor
9146 - Assistant Program
Director and Assistant Professor
9147 - Assistant Program
Director and Instructor
Associate Department Head (H2) - Crossed over to:
9092 - Associate Department
Head and University Librarian
Page 85 of 100
9093 – Associate Department
Head and Associate University
Librarian
9094 – Associate Department
Head and Assistant University
Librarian
Assistant Department Head (H3) - Crossed over to:
9137 - Assistant Department
Head University Librarian
9138 - Assistant Department
Head and Associate University
Librarian
9139 - Assistant Department
Head and Assistant University
Librarian
Excluded: All other employees of the Florida Atlantic University Board of Trustees.
Page 86 of 100
APPENDIX B
UNITED FACULTY OF FLORIDA
UFF, FEA, NEA-AFT, AFL-CIO
UFF DUES CHECK-OFF AUTHORIZATION FORM
I, _____________________________________, authorize the FAU Board of Trustees,
through the University, to deduct from my pay, starting with the first full biweekly pay
period commencing not earlier than seven days from the date this authorization is
received by the University, membership dues of FAU Chapter of United Faculty of
Florida in such amount as may be established from time to time in accordance with the
constitution and bylaws of UFF and certified in writing to the FAU Board of Trustees by
UFF, and I direct that the sum so deducted be paid over to UFF. UFF, FEA, NEA-AFT,
AFL-CIO dues payments and contributions to UFF-PAC are not tax deductible as
charitable contributions for federal income tax purposes. However, they may be tax
deductible under other provisions of the Internal Revenue Code.
The above deduction authorization shall continue until revoked by me at any time upon
thirty days written notice to the FAU Office of Human Resources, and to UFF. Unless
this Dues Check-off Authorization is revoked in the manner heretofore stated, this
authorization shall remain in full force and effect in accordance with the provisions of
Section 447, Florida Statutes.
.......................................................
Date
......................................................
Employee's Signature
.......................................................
Social Security Number
.....................................................
Name-printed
.......................................................
Department
.....................................................
University
Effective date if later than above:_______________________
Please return to your Chapter Membership Chair or the UFF State Office, FTP-NEA
Building, 213 South Adams Street, Tallahassee, FL 32301.
Please PRINT complete information where necessary.
Check One
...................................................... Dr. Mr. ..........................................................
Social Security Number
Ms. Mrs. Last Name, First Name
.....................................................................
Home Address
Page 87 of 100
.......................................................
Campus Address
____________________________
City, State, Zip Code
..........................................................
Department
________________
Office Phone
_________________
Home Phone
=============================================
Please enroll me as a member of the United Faculty of Florida (UFF, FEA, NEA-AFT,
AFL-CIO).
All UFF members are also members of the Florida Education Association, UFF-PAC
(Political Action Committee), the American Federation of Teachers, the National
Education Association and the AFL-CIOP at no additional cost.
UFF, FEA, NEA-AFT, AFL-CIO dues are 1 percent of total salary* for members for
which the United Faculty of Florida is the bargaining agent. If you do not wish to
contribute to UFF-PAC, notify FEA for refund information. UFF, FEA, NEA-AFT, AFLCIO dues payments and contributions to UFF-PAC are not tax deductible as charitable
contributions for Federal income tax purposes. However, they may be tax deductible
under other provisions of the Internal Revenue Code.
*Total salary for purposes of dues deductions includes any money received by the
employee for in-unit work. If insufficient funds remain after mandatory deductions, the
University has no obligation to process dues deductions.
.......................................................
Signature of Member
..........................................................
Date
Return your completed membership form to your Chapter Membership Chair or the UFF
State Office, 306 East Park Avenue, Tallahassee, FL 32301
UNITED FACULTY OF FLORIDA
UFF, FEA, NEA-AFT, AFL-CIO
UFF-PAC PAYROLL DEDUCTION AUTHORIZATION FORM
I,__________________________________, authorize the Florida Board of Trustees,
through the University, to deduct from my pay, starting with the first full biweekly pay
period commencing not earlier than seven days from the date this authorization is
received by the University, contributions to the UFF Political Action Committee in the
amount of $1.00 per pay period, and I direct that the sum so deducted be paid over to
UFF.
Contributions to UFF-PAC are not deductible as charitable contributions for Federal
income tax purposes. However, they may be tax deductible under other provisions of
the Internal Revenue Code.
Page 88 of 100
The above deduction authorization shall continue until revoked by me at any time upon
thirty days written notice to the University Personnel Office and to UFF.
.......................................................
Date
..........................................................
Signature of Member
.......................................................
Department
..........................................................
University
Effective date if later than above:_______________________________
Return to your Chapter Membership Chair or the UFF State Office, 306 East Park
Avenue, Tallahassee, FL 32301.
UFF-PAC FORM
Please PRINT complete information where necessary.
Check One
...................................................... Dr. Mr. ..........................................................
Social Security Number
Ms. Mrs. Last Name, First Name
.....................................................................
Home Address
..........................................................
Street.................................................
____________________________
City, State, Zip Code
Registered
.............................
Precinct
________________
State Sen. Dist.
Yes ........
No ...........
...............................
Party
_________________
State House Dist.
==================================================================
Cong. Dist. ____________ Race _________ Sex _____ Birthdate______________
Please enroll me as a member of the United Faculty of Florida Political Action
Committee. UFF-PAC contributions are in the amount of $1.00 per pay period.
Page 89 of 100
Contributions or gifts to UFF-PAC are not tax deductible as charitable contributions for
Federal income tax purposes. However, they may be tax deductible under other
provisions of the Internal Revenue Code.
..........................................................
Signature of Member
Date
.......................................................
Page 90 of 100
APPENDIX C
GRIEVANCE
FLORIDA ATLANTIC UNIVERSITY
Board of Trustees/United Faculty of Florida
I. Date (Received by University) ___________________________________
GRIEVANT
STEP 1 GRIEVANCE REPRESENTATIVE
NAME: .................................................... NAME:………………………………………….
UNIVERSITY: ......................................... MAILING ADDRESS:
COLLEGE: ............................................. .....................................................................
DEPT...................................................... .....................................................................
OFFICE PHONE: ................................... OFFICE PHONE: .........................................
If grievant is represented by the UFF or legal counsel, all University communications
should go to the grievant's representative.
Other address to which University mailings pertaining to grievance shall be sent:
II. GRIEVANCE
Article(s) and Sections(s) of Agreement allegedly violated:
_____________________________________________________________________
_____________________________________________________________________
Statement of grievance (must include date of acts or omissions complained of):
Remedy Sought:
Page 91 of 100
III.
AUTHORIZATION
I will be represented in this grievance by: (check one - representative must sign on
appropriate line):
____ UFF
____ Legal Counsel
____ Myself
__________________________________________________
__________________________________________________
__________________________________________________
I (do)_____(do not)_____want a postponement for up to 30 days to seek informal
resolution of this grievance.
I UNDERSTAND AND AGREE THAT BY FILING THIS GRIEVANCE, I WAIVE
WHATEVER RIGHTS I MAY HAVE UNDER CHAPTER 120 OF THE FLORIDA
STATUTES WITH REGARD TO THE MATTERS I HAVE RAISED HEREIN AND
UNDER ALL OTHER UNIVERSITY PROCEDURES WHICH MAY BE AVAILABLE TO
ADDRESS THESE MATTERS.
This grievance was filed with the Unit Head's Office (as defined in Section 20.8 (a)(1))
on _______________ by (check one) mail (certified or registered, restricted delivery,
return receipt requested)_____; personal delivery _____; other (specify) ___________.
_________________________________________
Signature of Grievant
(Grievant must sign if grievance is to be processed.)
The Step 1 decision shall be transmitted to Grievant's Step 1 Representative by
personal delivery with written documentation of receipt or by certified mail, return receipt
requested. A copy of this decision shall be sent to Grievant, and UFF if grievant elected
self-representation or representation by legal counsel.
Page 92 of 100
APPENDIX D
REQUEST FOR REVIEW OF STEP 1 DECISION
FLORIDA ATLANTIC UNIVERSITY
Board of Trustees/United Faculty of Florida
GRIEVANT
STEP 1 GRIEVANCE REPRESENTATIVE
NAME: .................................................... NAME:____________________________
UNIVERSITY: ......................................... MAILING ADDRESS:
COLLEGE: ............................................. .....................................................................
DEPT...................................................... .....................................................................
OFFICE PHONE: ................................... OFFICE PHONE: .........................................
DATE OF STEP 1 DECISION: .......................................................................................
Article(s) and Sections(s) of Agreement allegedly violated (as specified at Step 1):
____________________________________________________________________
I hereby request that the President or his/her representative review the attached
decision made in connection with the attached grievance because:
Remedy Sought (if initial filing is at Step 2):
____________________________________________________________________
Grievant's representative received the decision on _______________________.
Grievant filed this request for review with the
Office on _______________, by
(check one): mail (certified or registered, restricted delivery,
return receipt requested) _____; personal delivery _____; other (specify) __________.
DATE OF RECEIPT BY PRESIDENT'S OFFICE:__________________________
____________________________________________________________________
Signature of Grievant
I am represented in this grievance by (check one - representative should sign on
appropriate line):
______ UFF
________________________________________
______ Legal Counsel
________________________________________
______ Myself
________________________________________
Page 93 of 100
A copy of the following documents must be attached to this Request at the time of its
filing with the President or his/her representative:
1. Appendix C - Original grievance form filed with the University.
2. Step 1 Decision, if issued by Unit Head.
3. All attachments to Step 1 Decision, as required in Section 20.8, Grievance
Procedure.
The Step 2 decision shall be transmitted to Grievant's Step 2 Representative by
personal delivery with written documentation of receipt or by certified mail, return receipt
requested. Copies of this decision shall be sent to Grievant, the Unit Head, and to the
UFF if grievant elected self-representation or representation by legal counsel.
Page 94 of 100
APPENDIX E
NOTICE OF ARBITRATION
FLORIDA ATLANTIC UNIVERSITY
Board of Trustees/United Faculty of Florida
The United Faculty of Florida hereby gives notice of its intent to proceed to arbitration in
connection with the decision of the President's Office dated __________________ and
received by the UFF State Office on ______________ in this grievance of:
NAME: _____________________________________
FILE NO: ___________________________________
The following statement of issue(s) before the Arbitrator is proposed:
This notice was filed with the FAU President's Office on ______________ by (check
one): mail (certified or registered, restricted delivery, return receipt requested) _____;
personal delivery _____; other (specify) ___________________.
Date of receipt by President's Office:________________________________
______________________________________________________
Signature of UFF President or Director of Arbitrations
I hereby authorize UFF to proceed to arbitration with my grievance. I also authorize
UFF and the FAU Board of Trustees or its representatives to use, during the arbitration
proceedings, copies of any materials in my evaluation file pertinent to this grievance and
to furnish copies of the same to the arbitrator.
______________________________________________________
Signature of Grievant
Page 95 of 100
APPENDIX F
REPEALED 12/2006
Page 96 of 100
APPENDIX G
FLORIDA ATLANTIC UNIVERSITY
Board of Trustees/United Faculty of Florida
EXCLUSIVE ASSIGNMENT DISPUTE RESOLUTION PROCEDURE
G.1
Exclusive Method.
(a)
The Board of Trustees and the United Faculty of Florida agree to the
following procedure as the exclusive method of resolving disputes under Section 9.3 of
the Agreement which allege that an employee's assignment has been imposed
arbitrarily or unreasonably.
(b)
An employee who alleges that the assignment has been imposed
arbitrarily or unreasonably may file a grievance under Article 20 of the BOT/UFF
Agreement only to enforce the exclusive Assignment Dispute Resolution (ADR)
procedure delineated below, not to seek a determination as to whether an assignment
has been arbitrarily or unreasonably imposed.
G.2
Time Limits.
(a)
The dispute shall not be processed unless it is filed within thirty (30) days
after the receipt of the assignment by the employee. If the employee's assignment
begins prior to final resolution of the dispute, the employee shall perform the
assignment until the matter is finally resolved under these procedures.
(b)
All time limits contained herein may be extended by mutual agreement of
the University and the UFF representative. Upon failure of the employee's UFF
representative to comply with the time limits herein, the dispute shall be deemed to
have been finally determined at the prior step.
(c)
All references to "days" herein refer to "calendar days." The "end of the
day" shall refer to the end of the business day, i.e., 5:00 p.m.
G.3
Assignment Dispute Resolution Procedures.
(a)
An employee who believes that the assignment has been imposed
arbitrarily or unreasonably shall, within thirty (30) days after receipt of the assignment,
file Part 1 of the ADR Form with the individual responsible for making the assignment.
The filing of the ADR Form shall be accompanied by a brief and concise statement of
the employee's arguments, and any relevant documentation supporting the employee's
position. This documentation shall be placed in a file entitled "Employee's Assignment
Dispute Resolution File," which shall be kept separate from the employee's personnel
evaluation file. Additional documentation shall not be considered in the ADR process
except by agreement of the President's representative unless it is documentation that
the employee requested from the University prior to the conference held pursuant to (b)
below, but did not receive before such conference.
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(b)
Within four (4) days of receipt of the ADR Form, the individual responsible
for making the assignment shall meet with the employee and discuss the dispute.
Within twenty-four (24) hours after this conference, such individual shall complete Part 1
of the ADR Form and deliver it to the employee.
(c)
If the employee continues to be aggrieved following the initial conference,
the employee shall file the ADR Form, with Part 1 completed, with the Dean or other
appropriate administrator no later than four (4) days after the initial conference.
(d)
The UFF representative shall schedule a meeting with the Dean or other
appropriate administrator to be held no later than four (4) days after filing the ADR Form
with the Dean or other appropriate administrator. At this meeting, the employee, the
UFF representative, and the Dean or appropriate administrator shall discuss the dispute
and attempt to resolve it. Within twenty-four (24) hours after the conclusion of this
meeting, the Dean or appropriate administrator shall complete Part 2 of the ADR Form
and deliver it to the UFF representative.
(e)
If consultation with the Dean or appropriate administrator does not resolve
the matter, the UFF representative may file, within four (4) days of that meeting, Part 3
of the ADR Form (with supporting documentation) with the President's representative,
indicating an intention to submit the dispute to a Neutral Umpire.
(f)
Within seven (7) days of receipt of the completed ADR Form and other
documentation, the President's representative may place a written explanation, brief
statement of the University's position, a list of expected witnesses, and other relevant
documentation in the employee's ADR File. As soon as practicable thereafter, a copy of
all documents placed in the employee's ADR File shall be presented to the UFF
representative, who shall place a list of the employee's expected witnesses into the file.
(g)
At the time that the completed ADR Form is submitted to the President's
representative, the UFF representative shall schedule a meeting with the President's
representative for the purpose of selecting a Neutral Umpire from the Neutral Umpire
Panel. This meeting shall be scheduled for no later than seven (7) days after filing of
the completed ADR Form. Selection of the Neutral Umpire shall be by mutual
agreement or by alternatively striking names from the Neutral Umpire Panel list until one
name remains. The right of first choice to strike from the list shall be determined by the
toss of a coin. The right to strike first shall alternate in any subsequent Neutral Umpire
selection.
(h)
The President's representative shall contact the selected Umpire no later
than three (3) days following the selection. Should the Umpire selected be unable to
serve, the President's representative shall contact the UFF representative as soon as
practicable and schedule another selection meeting.
(i)
Upon the agreement of the Neutral Umpire to participate, the President's
representative shall provide the Umpire with the employee's ADR File.
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(j)
The ADR Meeting shall be scheduled as soon as practicable after the
Neutral Umpire has received the employee's ADR File. The President's representative
shall notify the UFF representative of the time and place of the ADR Meeting no later
than forty-eight (48) hours prior to it being convened.
(k)
No person concerned with or involved in the assignment dispute shall
attempt to lobby or otherwise influence the decision of the Umpire.
(l)
The ADR Meeting shall be conducted as follows:
(1)
The employee, or a UFF representative, and a representative of the
President shall be the sole representatives of the parties. Each representative may
present documentary evidence from the employee's ADR File, interrogate witnesses,
offer arguments, cross-examine witnesses, and have present at the meeting one
individual to assist in the presentation of the representative's case.
(2)
The Neutral Umpire will conduct and have total authority at the
ADR Meeting. The Neutral Umpire may conduct the ADR Meeting in whatever fashion,
consistent with this Agreement, that will aid in arriving at a just decision.
(3)
The Umpire shall submit to all parties on Part 4 of the ADR Form
within forty-eight (48) hours after the close of the ADR Meeting a written, binding
decision as to whether the assignment was imposed arbitrarily or unreasonably. The
decision shall include the reasons for the Umpire's determination.
(4)
If the Umpire decides that the employee's assignment was imposed
arbitrarily or unreasonably, the Umpire may also suggest an appropriate remedy. This
suggestion is not binding on the University but shall be used by the President or
President's designee in fashioning an appropriate remedy.
G.4
Neutral Umpire Panel.
(a)
The President's representative and the UFF representative shall meet
within two (2) weeks of the ratification of this Agreement for the purpose of selecting an
odd-numbered Neutral Umpire Panel. The Panel shall consist of no less than five (5)
and no more than nine (9) individuals, not employed by the University, who meet the
following qualifications:
(1)
familiarity with academic assignments;
(2)
an ability to serve as Neutral Umpire on short notice;
(3)
a willingness to serve on the Panel for one academic year; and
(4)
acceptability to both the University and the UFF.
(b)
The President's representative and the UFF representative are
encouraged to select educators from other institutions in the area, fully retired faculty
and administrators, and professional mediators and arbitrators, to be on the Neutral
Umpire Panel. In the event the parties cannot reach agreement on Panel membership,
a representative of the Board and a UFF member holding a statewide office or position
shall select the Panel.
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(c)
Panel membership may be reviewed, at the initiation of the University or
the UFF, through written notice provided before the end of the preceding fiscal year.
G.5 Expenses. All fees and costs of the Neutral Umpire shall be borne equally by the
University and the UFF.
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