January 28, 2010. Letter from UFF Service Unit Coordinator Nissen was last chance for Pritchett administration to take responsibility under CBA before Unfair Labor Practice charge filed, Florida taxpayers to pick up tab for hefty legal fees.
(Hand-delivered on Jan. 11)
Bruce Nissen
Service Unit Director, UFF
5130 Jackson Street
Hollywood, FL 33021-7234
000-000-0000
January 11, 2010
Diane Alperin, Provost
Florida Atlantic University
777 Glades Road, AD10-309
Boca Raton, FL 33431
Dear Provost Alperin:
We are in receipt of your December 11, 2009 letter to UFF-FAU President James Tracy refusing to proceed to arbitration over the arbitrability of the UFF’s grievance regarding layoffs in the FAU Engineering School to arbitration. Your refusal to proceed to arbitration, even over the arbitrability issue, is a violation of Florida law Section 447.501(1).
All of your arguments for why you refuse to move further are matters for an arbitrator to decide, not for unilateral university decision. Whether the issue is moot, whether the UFF Chapter has standing, and whether the old language of the collective bargaining agreement is enforceable while a new contract is being negotiated are issues that the arbitrator will decide when making a decision over the arbitrability of the original grievance over the Engineering layoffs.
The legal questions surrounding arbitrability are well settled by now. Since the university has competent legal counsel, you should know this. However, if you wish to consult some pertinent decisions by the Public Employee Relations Commission, see DeSoto County Teachres Ass’n v. DeSoto County School Board, 5 FPER 10307 at 324C (1979), Westfall v. Orange County Board of County Commissioners, 8 FPER 13367 at 648 (1982), Communications Workers of America, Local 3179, Clearwater Employees Association v. City of Clearwater, 9 FPER 14278 at 561 (1983), and Boynton Beach Association of Fire Fighters, Local 1891 v. City of Boyton Beach, 114 FPER 19149 at 378 (1988), among others. For a very recent ruling regarding higher education, see the Hearing Officer’s recommended order in PERC Case No. CA-2009-046, concerning Pensacola Junior College’s refusal to proceed to arbitration on an issue.
We are giving you one final chance to contact UFF-FAU Grievance Chair Doug Broadfield to pick an arbitrator. If you do not do so by January 20, 2010, the UFF will proceed with an Unfair Labor Practice Charge with PERC. We will be requesting legal fees, so further refusal on your part may be a very costly decision for the university.
Sincerely,
Bruce Nissen
Now You See Faculty Layoffs, Now You Don’t: FAU Administration’s Land of Make Believe and Denial