Collective Bargaining Update

UFF 06/18/21 Collective Bargaining update

Dear Colleague –

Happy Juneteenth!

On Friday, June 18th, UFF and the FAU Board of Trustees (BOT) met for approximately 5 hours to continue the 2021 Collective Bargaining.

In attendance from UFF were Dr. Meredith Mountford, co-lead negotiator; Dr. Andrew Gothard, co-lead negotiator; Dr. Jian Cao; Kathleen Moorhead, Senior Instructor; Dr. Sarah Nielsen, Senior Instructor; Dr. Robert Zoeller.

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I.          Highlights –

Article 24BENEFITS Spouses of employees are now eligible to take undergraduate and graduate classes under the EESPD program.Language of article modified to include dependents participating in university bridge programs.
Article 7MINUTES, RULES, AND BUDGETS Many faculty have expressed concerns about the University’s fiscal management. Article 7 now provides for at least one public meeting annually to provide detailed explanations of the University’s budget and fiscal management, which includes Academic Affairs, the Division of Research, and FAUS.  

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II.        Accomplished –

UFF and BOT representatives came to a Tentative Agreement on:

  • ARTICLE 7 MINUTES, RULES, AND BUDGETS (Changes in italics)
  • ARTICLE 24 BENEFITS (Changes in italics)
  • ARTICLE 6 NONDISCRIMINATION (Changes in italics; language changes due to Title IX)
ArticleOld LanguageNew Language
   
7All new language7.1 (c) The University recognizes the importance of providing thorough and accurate information concerning the  budget and fiscal management of the University. The University will continue to offer at least one public meeting to the University community in the fall semester to provide a detailed explanation of the University’s annual budget, which includes Academic Affairs, the Division of Research, and FAUS.  
ArticleOld LanguageNew Language
   
24All new language24.5 (d) In 2020-2021, the University created a program to provide a onetime lump sum payment to eligible employees which served as an early retirement incentive. Program details and operation, eligibility requirements, funding levels and the lump-sum payment amount were determined by the University and consistent with the requirements of Florida law. The continuation of a voluntary retirement incentive program beyond 2020-2021 is at the discretion of the University. The Union may request consultation on early retirement incentive program details.  
 24.7 Free University Courses for Employees and Dependent Children24.7      University Courses for Employees, Dependent Children, and Spouses  
 24.7 (f) Employees eligible for FAU’s EESP who do not use their six (6) credit hours of instruction (graduate or undergraduate) per term may instead participate in the dependent child tuition plan for an IRS qualified dependent child. The dependent/student will be responsible for any and all non-refundable fees as identified in the university catalog and regulations. Only undergraduate classes are eligible. These credits do not accrue.24.7 (f)  Employees eligible for FAU’s EESP who do not use their six (6) credit hours of instruction (graduate or undergraduate) per term may instead participate in the dependent child tuition plan (“The Plan”) for an IRS qualified dependent child, or spouse. This student will be responsible for any and all non-refundable fees as identified in the university catalog and regulations. These credits do not accrue.  
 24.7 (f) a. Eligibility. A dependent child must be duly admitted to an undergraduate degree program and must be enrolled in a minimum of thirty (30) credits per academic year, with a minimum of twelve (12) credits in the Fall semester, and twelve (12) credits in the Spring semester24.7 (f) a. Eligibility. A dependent child may participate in The Plan at the undergraduate level. A dependent child must be duly admitted to an undergraduate degree program and must be enrolled in a minimum of thirty (30) credits per academic year, with a minimum of twelve (12) credits in the Fall semester, and twelve (12) credits in the Spring semester. The number of required credits is subject to modification based on the dependent child’s SAS accommodations and/or acceptance into university programs that do not allow the student to enroll in more than 11 credits during the initial fall semester of enrollment.  
 24.7 (f) b. New Language24.7 (f) b. Eligibility.  A Spouse may participate in The Plan at the undergraduate or graduate level. The Spouse must be enrolled in six (6) credits per semester, of which, fees for three (3) will be waived at the rate of the level of program enrolled.  The remaining three (3) credits must be paid for out of pocket. If the Spouse chooses to enter the University as a full-time, matriculated student, their admission to the University may be deferred to the Spring Semester of the academic year they are attempting to enroll. Any credits taken over and above the six (6) required credits must be paid for by the Spouse or employee.  
ArticleOld LanguageNew Language
   
66.2 (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 University Regulation 5.010 and established University procedures of the Office of Equity, Inclusion and Compliance. No employee reviewed/investigated under such procedures shall be disciplined until such review is complete and a finding of a violation of the Regulation has been issued. However, if factual findings suggest the employee is incompetent or is engaged in misconduct, the employee may be disciplined under Article 16.  6.2 (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 University Regulation 7.008,  University Policy 1.15, and established University procedures of the Office of Equity and Inclusion. No employee reviewed/investigated under such procedures shall be disciplined until such review is complete and a finding of a violation of the Regulation has been issued. However, if factual findings suggest the employee is incompetent or is engaged in misconduct, the employee may be disciplined under Article 16.

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III.       In Progress –

The articles in the Collective Bargaining Agreement that were discussed and are in progress:

Article 10 Employee Performance Evaluations

  • UFF proposed that “Evaluations must be criteria based, not norm referenced.” (10.4)
  • BOT proposed that if changes to the evaluation process impact terms and conditions of employment, we will impact bargain. (10.4 f)
  • Article 10 tabled pending discussion of BOT’s proposed changes.

Article 8 Appointment

  • UFF added language to prevent NTT faculty from being removed from a course in favor of TT faculty 14 days before start of class, unless TT needs class for tenure.
  • BOT changed to all faculty.
  • Both sides disagree on interpretation of language – does this authorize cancellation or refer solely to ‘bumping’ faculty? More work needs to be done on wording.
  • BOT added language regarding cancellation of classes based on minimums + prorating pay on classes that don’t meet minimums.
  • UFF struck the language.
  • BOT increased period of Visiting Appointment from 3 years to 5 years.
  • UFF struck the language.
  • UFF proposed a process whereby NTT faculty can apply for multi-year appointments.
  • Article 8 tabled while both sides work on language.

Appendix H 2nd Summer Course Compensation

  • BOT added language that reflected Article 8 changes regarding cancellation of classes based on minimums + prorating pay on classes that don’t meet minimums.
  • UFF struck the language, as it did in Article 8.
  • Appendix H tabled while Article 8 language worked on.

Article 17 Leaves

  • UFF proposed NTT need 1 year vs. 3 years’ service to utilize paid parental leave.
  • BOT agreed to proposal.
  • UFF proposed NTT can utilize paid parental leave every 2 years vs. every 3 years.
  • BOT agreed to proposal.
  • UFF proposed 4 weeks paid parental leave for FAUS after BOT rejected 8 weeks paid parental leave.
  • BOT rejected 4 weeks paid parental leave for FAUS.
  • Article 17 tabled pending discussion of BOT’s rejection of FAUS paid parental leave.

Article 22 Study Leave and Sabbaticals

  • UFF is proposing support funds for NTT faculty to create equity among colleges. BOT rejected first proposal UFF submitted. UFF submitted modified language.
  • UFF proposed 1 sabbatical at full pay for 1 semester for each 15 employees. (22.2 (b) (2))
  • BOT rejected proposal.
  • UFF returned with 1 sabbatical at full pay for 1 semester for each 20 employees. (22.2 (b) (2))
  • UFF proposed: “While on sabbatical, the employee’s salary shall be two-thirds pay for two (2) semesters (one (1) academic year), or full-pay for one semester” after BOT rejected original UFF three-quarters pay proposal. (22.2 (e) (1))
  • UFF proposed: “The awarding of a sabbatical is not justification to increase the awardee’s teaching or instructional assignment in the preceding or subsequent semester of the award. (22.2 (e) (8))
  • Article 22 tabled pending BOT consideration of UFF proposals.

Article 18 Intellectual Property

  • UFF returned Article with questions and comments. It is not a redline, rather a request for more information and clarification.
  • BOT requested UFF redline article and present.

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The next bargaining session is scheduled for Friday, 07/16/21, online, from 12:00-5:00 p.m. Login information will be provided before the meeting.

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If you have any questions or comments regarding these matters, please contact a UFF Senator or your UFF steward.

Also follow us on social media – links at bottom of email.

In solidarity,

UFF Bargaining Team

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