July 3, 2009.
A good deal of misunderstanding and even misinformation surrounds the UFF-FAU/BOT Collective Bargaining Agreement and how the CBA benefits faculty and staff in the Bargaining Unit. This is particularly the case with regard to arbitration, the process UFF-FAU is pursuing for four of the five tenured faculty members in the College of Engineering who received layoff notices on May 29. This requires some explanation especially at a time when FAU faculty ponder whether their own jobs may be at risk after the Administration’s move to abruptly layoff these colleagues.
The CBA is the faculty’s contract with the University Board of Trustees that governs conditions of employment. In the event the FAU administration violates the rights of a faculty member as defined under the CBA, that individual should contact their UFF-FAU Steward or the Contract Enforcement Chair to discuss their concerns. A grievance may then be produced and filed with the Administration. If the Administration does not provide a satisfactory response and resolution, a hearing ensues before an independent, professional arbiter who weighs the merits of each side and renders a decision that is binding.
Arbitration is in many respects an apparatus for dispute resolution that has some similarities to legal routes, yet is often much speedier and practical than filing an individual lawsuit, which requires attorney fees and may be drawn out for many months, even years, without satisfactory resolution. The FAU administration has the deep pockets to hire high-priced labor-management attorneys (at taxpayer expense) to prolong the process until the plaintiff is outspent or just gives up. Arbitration is far less onerous, and it does not prevent one from later pursuing a separate lawsuit where appropriate. Indeed, UFF has had a strong record in arbitration cases and a positive decision only strengthens a lawsuit. The Union’s new Southern Unit Service Coordinator, Dr. Bruce Nissen, has over thirty years of experience in labor-management relations research and understands the intricacies of bargaining agreements. He will be working closely with our chapter on arbitration and related matters and will be an invaluable asset as we proceed.
The assurance that you will receive due process and adequate representation via arbitration are among the many benefits your UFF membership provides you. Remember, you must be a dues-paying member at the time an incident takes place for UFF to assist you in filing your grievance. If you are not already a member, please consider joining today.
In solidarity,
James Tracy
UFF-FAU President