July 30, 2011. UFF-affiliated chapter confronts recalcitrant administration with ULP, Case goes to appellate court
(July 28, 2011) Contact: Jennifer Brahier 850.390.1289
or Blaine Wall 850.393.8821
The Pensacola State College Faculty Association (PSCFA) has reached a settlement with the administration of the school that includes a $600 one-time payment to all members of the bargaining unit. This settlement advances a long-standing dispute between the PSCFA and the school.
The PSCFA is affiliated with the United Faculty of Florida (UFF) and the Florida Education Association (FEA). Both groups assisted the PSCFA in this long-running dispute.
“We’re happy to settle these issues,” said PSCFA President Blaine Wall, “and we look forward to continuing negotiations with the college administration on other aspects of the contract.”
In October 2008, the PSCFA filed a grievance saying the school failed to provide a contractually agreed upon 2 percent raise. The college refused to process the grievance, claiming that it was not arbitrable. The PSCFA filed for arbitration, but the college refused to participate in selecting an arbitrator. That led to the PSCFA filing an unfair labor practice charge with the state Public Employees Relations Commission (PERC), alleging that the school had failed to arbitrate when it had a clear duty under the law to do so. The PERC hearing officer found that PSC had committed an unfair labor practice by not participating in the arbitration process, noting that the employer was not free to unilaterally decide which grievances it would arbitrate. But PERC also found that the grievance was not “arguably arbitrable.” The PSCFA filed an appeal with the state’s 1st District Court of Appeal, which ruled in its favor and returned the case to PERC, which then ruled in the favor of PSCFA, finding that the college had committed a ULP. The college then filed an appeal to the 1st District Court of Appeals, claiming other exceptions. That is where the legal case is now.
The parties met recently and crafted a settlement that includes a $600 one-time payment to the members of the faculty and an increase to the sick leave buyout calculation for faculty with more than 24 years of service. The question of salaries will remain open for further negotiations. PSCFA will withdraw its grievance, the college will withdraw its appeal, and FEA will waive attorney’s fees.
“The college was wrong as found by the Appellate Court,” said FEA President Andy Ford. “But in an effort to reach an agreement, the FEA and UFF agreed to waive attorney’s fees on this matter. We were entitled and indeed would have received our fees but the closure and guarantee of settlement now was deemed more important.”
The bargaining unit is made up of 192 college faculty, of which 125 are UFF members.