Current Collective Bargaining Agreement

Collective Bargaining Agreement for 2015-2018

Grievance Policy

AS OF NOVEMBER 4, 2008 THE UNION WILL NO LONGER PROVIDE INDIVIDUAL GRIEVANCE REPRESENTATION TO NON-MEMBERS.

Unlike many other unions, UFF has in the past offered grievance representation to all bargaining unit members, whether or not they have chosen to join the union and pay membership dues. To help offset the costs of grievance representation, in the past UFF has required non-members merely to share the costs of taking their grievances to arbitration. However, because our state affiliate has informed UFF that it cannot provide legal support to UFF when it represents non-members, UFF is unable to continue to provide representation to non-members.

Therefore, as of November 4th, 2008, unless you are a member of UFF at or before the time of any incident that violates your rights under the BOT-UFF Collective Bargaining Agreement, UFF will not represent you in your grievance. As always, you will have a right to represent yourself or to hire an attorney to represent you. And, just as you cannot obtain an insurance policy after an accident happens, you cannot obtain union representation in a grievance over something that happened before you were a member by joining the union after the incident that violates your contract rights and leads to the grievance occurs.

As has always been the case, non-members are not entitled to the $1 million insurance policy that covers liability for work-related lawsuits or claims against a faculty member. This has always been another important protection offered automatically to UFF members and paid for by their dues.

As before, it is the choice of an individual faculty member or librarian as to whether or not to join UFF. However,because that choice now means the individual is opting out of a right to have the assistance of trained UFF grievance representatives, the union feels it is important for all faculty members and librarians to be notified of our new policy.

Grievance chair: Lauren Christos

[last updated: August 03 2016]

Knowing Your Contract and Understanding Common Issues

The first e-mail blast of every month will present one topic from the Collective Bargaining Agreement (CBA) that affects every FIU faculty member. The creation of this series is the result of a suggestion at our UFF Spring Chapter meeting. It is part of our ongoing effort to inform all faculty not only of their rights under the CBA, but to inform all faculty of the value of being a UFF member. Our CBA is the outcome of years of dedicated UFF Bargaining teams who see value in protecting our rights. Lastly, this is a legally binding agreement and must be adhered to by all parties.

Types of Leave

These are the types of leaves available to FIU faculty.

  • Holidays
  • Family and Medical Leave Act (FMLA) Entitlements
  • Parental Leave
  • Leaves Due to Illness/Injury
  • Annual Leave
  • Administrative Leaves
  • Bereavement Leave
  • Leave Without Pay

This week we explore Sick Leave.

In future weeks we will explore other specific types of leaves.

[last updated: June 18 2016]

Sick Leave

UFF-BOT
POLICY LEAVES

Purpose: To establish policy and procedures concerning employee leaves.

Policy:

  1. 8. Leaves Due to Illness/Injury
    1. Sick Leave
    2. Job-Related Illness/Injury
    3. Compulsory Leave

Only (a) Sick Leave is in this post. Next week: Job-Related Illness/Injury

Accrual
  • Full-time employee receives 4 hours of sick leave for each pay period
  • Part-time receives sick leave at rate proportionate to the percent of time employed
Uses
  • Personal illness or exposure to contagious disease which would endanger others
  • Personal health care provider appointments
  • Illness/Injury of immediate family including same-sex domestic partner
  • Death of immediate family member including Bereavement Leave
Certification
  • If sick leave request exceeds 4 consecutive days or if pattern of absence is documented, FIU may require certification by health care provider for the absences
Payment
  • Employee with less than 10 years of service shall not be paid for unused sick leave
  • Compensation shall not be given if employment begins after July 1, 2006
  • Compensation is at the current regularly hourly rate of pay for 1/8 of all unused sick leave accrued prior to October 1, 1973, plus 1/4 of all unused sick leave accrued after October 1, 1973 provided that accrued leave since 1973 does not exceed 480 hours
  • Employee may request in writing that sick leave be retained pending re-employment
  • Payments shall be made in lump sum
  • In the event of death, payment for unused sick leave shall be made to employee’s beneficiary, estate, or as provided by law

See: page 74 of CBA 2015 – 2018 for further information

Grievance chair: Lauren Christos

[last updated: June 18 2016]

Parental Leave

UFF-BOT
POLICY LEAVES

Purpose: To establish policy and procedures concerning employee leaves.

Policy:

  1. 7. Parental Leave
    • Granted when employee becomes biological parent or pending adoption of a child
    • 12 month employee receives full pay not to exceed 26 consecutive weeks
    • 9 month employee receives full pay during Fall or Spring semester and at .33 FTE during Summer A or B, for a period not to exceed twenty-six consecutive weeks
    • May use a combination of paid leave, accrued leave and leave without pay in addition to paid parental leave if a period longer than 26 weeks is requested
    • Once during employment, the 26 consecutive weeks of parental leave may be split and allow the use of parental leave for a subsequent birth or adoption of a child
    • The President or designee shall acknowledge to the employee in writing the period of paid parental leave to be taken and the date of return to employment
    • Subsequent to the use of parental leave, 9 month employees may be required to return FIU for 2 semesters. 12 month employees may be required to return to FIU for 6 months. If employee fails or refuses to return, FIU may recoup the value of the parental leave period of paid parental leave to be taken and the date of return to employment
    • Foster care is not covered under parental leave but is provided through the FMLA provisions

Note: Florida International University remains the only state university to provide faculty 6 months of parental leave. This policy was first bargained 3 years ago, and most recently re-bargained to allow faculty to split the 6 months of parental leave rather than use it all at one time.

See: page 74 of CBA 2015 – 2018 for further information

Grievance chair: Lauren Christos

[last updated: June 18 2016]

Family and Medical Leave Act (FMLA) Entitlements

UFF-BOT
POLICY LEAVES

Purpose: To establish policy and procedures concerning employee leaves.

Policy:

  1. 6. Family and Medical Leave Act (FMLA) Entitlements.
    • Provides 480 hours of leave without pay for medical reasons in a one-year period.
    • FIU may require an employee use accrued leave with pay prior to requesting FMLA leave.
    • President or designee shall within two business days notify employee that FMLA leave is granted.
    • FIU may require employee to provide medical certification from health care provider.
    • Medical certification may be required to affirm employee’s ability to return to work.
    • Upon return, employee is returned to same position unless otherwise agreed upon.

Grievance chair: Lauren Christos

[last updated: May 25 2016]

Request for Leave

UFF-BOT
POLICY LEAVES

Purpose: To establish policy and procedures concerning employee leaves.

Policy:

  1. Requests for a Leave or Extension of Leave of One (1) Semester or More.
    1. 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.
    2. 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.
    3. The University shall approve or deny such request in writing not later than thirty (30) days after receipt of the request.
    4. An absence without approved leave or extension of leave shall subject the employee to the provisions of Section 7 of the BOT-UFF Policy on Disciplinary Action and Job Abandonment.
    5. 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 6 of this Policy.
  2. Return from Leave. 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 6 of this Policy.
  3. 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 professional development programs. If an employee is on compensated leave in less than full-pay status for other than sabbaticals or professional development programs, the employee shall accrue leave in proportion to the pay status.
  4. Tenure Credit During Periods of Leave. Semester(s) during which an employee is on compensated or uncompensated leave for more than twenty (20) days shall not be creditable for the purpose of determining eligibility for tenure, except by mutual agreement of the employee and the University. In deciding whether to credit such leave toward tenure eligibility, the President or designee 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.

Grievance chair: Lauren Christos

[last updated: May 25 2016]

Tenure and Promotion

Questions about tenure and promotion are common concerns among faculty. Below are only two areas that compose the larger issue surrounding T & P. I would urge all faculty to familiarize themselves with the Collective Bargaining Agreement and please feel free to call upon me to assist with this or other concerns you may have.

ARTICLE 9 TENURE

9.4 Modification of Criteria:

  1. (a) Modifying Criteria. The University may modify the criteria for tenure so long as the UFF Chapter President has been notified of the proposed changes and offered an opportunity to discuss such changes in consultation with the Provost or designee. Changes in criteria shall not become effective until one (1) year following adoption of the changes, unless mutually agreed to in writing by the UFF Chapter President and the Provost or designee. The date of adoption shall be the date on which the changes are approved by the Provost or designee. Any proposal to develop or modify tenure criteria shall be available for discussion and a vote by the members of the affected departments/units before adoption.
  2. (b) Effect on Employees. If an employee has at least three (3) years of tenure-earning credit as of the date on which the tenure criteria are adopted under Section 9.4(a) above, the employee 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.

POLICY PROMOTION

Procedures:

  1. (3)(b) Any proposal to develop or modify promotion criteria or procedures shall be available for discussion and a vote by members of the affected departments/units before adoption. Promotion decisions shall be a result of meritorious performance and shall be based upon established criteria and procedures specified in writing by the University. Promotion criteria and procedures shall be available in the departmental/unit office and/or at the college/unit level online. The University may modify promotion criteria or procedures so long as the UFF Chapter has been notified of the proposed changes and offered an opportunity to discuss such changes in consultation with the Provost or designee. Changes in promotion criteria or procedures shall not become effective until one (1) year following adoption of the changes, unless mutually agreed to in writing by the UFF Chapter President and the Provost. The date of adoption shall be the date on which the changes are approved by the Provost.

Grievance chair: Lauren Christos

[last updated: April 19 2016]

Promotions

BOT-UFF POLICY
PROMOTIONS
Procedures: (1) Eligibility

(1) Eligibility: Employees classified as Instructor, Lecturer, Senior Instructor, Senior Lecturer, Instructor Librarian, Assistant University Librarian, Associate University Librarian, Assistant Scholar/Scientist/ Engineer, Associate Scholar/Scientist/Engineer, Assistant Professor, Associate Professor , Research Associate, Senior Research Associate, Instructional Specialist, and Senior Instructional Specialist shall be eligible to apply for promotion. Employees appointed with the modifiers “Clinical” or “Professional Practice” shall be eligible for promotion. Employees appointed with the modifier “Visiting” shall not be eligible for promotion.

What Does This Mean?

All of the following positions are eligible for promotion. If your position is listed then it is up to your dean and department to formulate the criteria and create a process for your promotion.

From APPENDIX A of the CBA:

POSITION CLASSIFICATION IN THE BARGAINING UNIT INCLUDED:

All full time and regular part-time employees in the following classifications:

  • 9004 - Instructor
  • 9005 - Lecturer
  • 9014 - Senior Instructor
  • 9015 - Senior Lecturer
  • 9056 - Instructor Librarian
  • 9055 - Assistant University Librarian
  • 9054 - Associate University Librarian
  • 9162 - Assistant Scholar/Scientist/Engineer
  • 9161 - Associate Scholar/Scientist/Engineer
  • 9003 - Assistant Professor
  • 9002 - Associate Professor
  • 9166 - Research Associate
  • Senior Research Associate *
  • 9178 - Instructional Specialist
  • Senior Instructional Specialist *

* The categories for Senior Research Associate and Senior Instructional Specialist are eligible for promotion, but do not have a job code at this time.

Employees with the modifiers Clinical or Professional are also eligible for promotion.

Grievance chair: Lauren Christos

[last updated: April 19 2016]

Salaries

Article 11, Section 11.3
Discretionary Awards and Increases

During the 2015-2016 academic year, the 2016-2017 academic year, and the 2017-2018 academic year, the FIU Board of Trustees or designee may provide additional salary increases and/or one-time awards totaling no more than one percent (1.0%) of the total employee payroll as of the last full pay period of the prior academic year. These increases may be provided for market equity considerations, including verified counteroffers and compression/inversion; increased duties and responsibilities; special achievements; Summer Faculty Research Awards; litigation/settlements; and similar special situations. No later than July 30 of each year, the University shall provide a listing of the distribution of these funds to the local chapter of UFF. This list will provide the name and department of the employee and the date, amount and nature of the award or salary increase during the prior academic year.

What Does This Mean?

FIU administration receives 1% of the total of all faculty salaries that may be used at their discretion. This means that you may ask to receive a discretionary award as an increase to your salary if you are affected by any of:

  • market equity considerations, including verified counteroffers and compression/inversion;
  • increased duties and responsibilities;
  • special achievements;
  • Summer Faculty Research Awards;
  • litigation/settlements;
  • similar special situations.

I advise faculty to:

  1. ask for a face-to-face meeting with your immediate supervisor to discuss why you are asking for a discretionary award;
  2. follow-up with an email thanking your supervisor for considering your request and include what was discussed. In this email, please document and include any relevant data and/or any information that supports your position;
  3. ask your supervisor to forward your email, along with (hopefully) their written support in the same email, to the dean and to cc: you.

Your initial request is to your supervisor in person, then by email. If you have any questions regarding this, I am available to discuss and review the process.

Grievance chair: Lauren Christos

[last updated: April 19 2016]

Assignment of Repsonibilities

BOT-UFF POLICY
ASSIGNMENT OF RESPONSIBILITIES

Purpose: To describe principles and considerations governing assignment of professional responsibilities for employees.

6. Place of Employment.

  1. (A) Principal. Each employee shall be assigned one principal place of employment, as stated in the initial letter of offer. Where possible, an employee shall be at least nine (9) months notice of a 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. Voluntary changes and available new positions within the department shall be considered prior to involuntary changes.
  2. (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 a regular full-time appointment, the supervisor shall make an appropriate adjustment in the assignment in recognition of time spent traveling to a secondary place of employment. Necessary travel expenses, including overnight lodging and meals for all assignments not at the employees’ principal place of employment shall be paid at the State rate and in accordance with the applicable provisions of State law. In the event the BOT establishes a new campus, center or similar worksite, either party may request that the provisions of this Policy may be reopened for further bargaining. (see: pg 58 of Collective Bargaining Agreement)

Grievance chair: Lauren Christos

[last updated: March 28 2016]

Performance Evaluations

BOT-UFF POLICY
EMPLOYEE PERFORMANCE EVALUATION

(B) Annual Evaluation Procedures.

  1. (1) Annually, the department chair or supervisor will prepare a written evaluation of all employees.
  2. (2) The proposed written annual evaluation, including the employee's annual assignment furnished pursuant to the BOT-UFF Policy on Assignment of Responsibilities, shall be provided to the nine-month employee within forty-five (45) days after the end of the academic year for such evaluation will be made, or in the case of 12 month employees within 45 days of the end of the 12 month period for which the evaluation is made. The employee shall be offered the opportunity (during the thirty day (30) period following receipt of the proposed annual evaluation) to discuss the evaluation with the evaluator prior to its being finalized and placed in the employee's evaluation file. The evaluation shall be signed and dated by the person performing the evaluation, and 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. The employee may request, in writing a meeting with the administrator at the next higher level to discuss concerns regarding the evaluation that were not resolved in previous discussions with the evaluator. (see: pg 58 of Collective Bargaining Agreement)

Common issues:

  • Failure to receive evaluation within this 45 day window is a contract violation
  • 45 & 30 days – definition of day is every single day, including weekends
  • ‘attach a concise comment to the evaluation’ – Please do this
  • ‘request a meeting with the administrator, in writing’ – Please do this
  • Signing the evaluation does NOT mean you agree with it, it simply means you have received it. Rule of Thumb: Comply first, grieve later. Sign it and then follow the process.
  • Contact me with any questions or concerns, and please remember to contact your union first not last.

Lauren Christos

[last updated: March 28 2016]

Weingarten Rights

Weingarten Rights Weingarten Rights guarantee your right by law to union representation in a meeting if, at any point, the discussion becomes disciplinary in nature or if you feel the discussion affects your working conditions. You are entitled, by a Supreme Court ruling, to invoke this right at any point during the meeting. By law the meeting must end until union representation can be ensured. If you should find yourself in this situation, please contact UFF-FIU's grievance chair, Lauren Christos. Full text of National Labor Relations Board V. Weingarten, Inc., 420 U.S. 251 (1975)


[last updated: March 28 2016]

Bargaining History

Fall 2015 Bargaining
Fall 2011 Bargaining
Fall 2010 Bargaining
Collective Bargaining Agreement for 2008-2011, as amended 2010
Fall 2009 Bargaining

Collective Bargaining Agreement for 2008-2011
Final Version.
Tentative Agreement 2008-2011
View the tentative agreement for 2008-2011
Bargaining for Fall 2008
Salary negotiations continue. Discussions of career path for instructors and lecturers is looking favorable.
Bargaining for Summer 2008
Salary negotiations continue. Discussions of career path for instructors and lecturers.
Where Things Stand in 2008
The state of bargaining negotiations for 2008.
Where Things Stand in 2006
The state of bargaining negotiations for 2006.
Salary Increases
Bargaining continues for the 2006-2007 academic year.
Victory for Cleaners and Janitors
Another success for collective bargaining.
Summary and Notification of Vote
Read a summary of the changes in the agreement and come to vote.
Collective Bargaining Agreement.
View the text of the new agreement.
Memo Announcing Agreement
Good things on the way.
Previous Collective Bargaining Agreement
  • Victory on Appeal over Status Quo
  • Gainesville Sun article on the effect of Appeal on UF
Bargaining Report 12-16-05
Talks Continue
Bargaining Report 06-20-05
Granted Stay of Impasse
Bargaining Report 04-24-05
Memorandum on Salaries
Bargaining Report 04-11-05
Administration declares impasse while new proposals are on the table
President Gummerson's Response to the Provost
The Attacks Continue
Salary Comparisons
Comparison to other Universities: HTML or Power Point
University Priorities
Consumer Price Index
Comparison of UFF's and President Maidique's Proposals
Complete Comparison [HTML]
Overview [DOC]
Details [DOC]
President's Address to BOT
Newspaper Responses to BOT Address
Victory on Successor Appeal
The state appeals court has given us the victory on "successor employer"--meaning that the we should never have lost our recognition, that status quo under the agreement should have remained in force.
Appeal Decision
Bargaining Contract
President's Response to the Provost
  • Academic Freedom
  • Salary
  • Union Busting Policies
Bargaining Report 02-28-05
New Messenger, Same Old Message
Bargaining Report 02-17-05
Victory on "Successor" Appeal
Bargaining Report 02-14-05
Administration Sticks to Hard-line
Bargaining Report 01-23-05
Tentative agreement on Tenure
Bargaining Report 01-19-05
Progress is Being Made
Bargaining Report 12-15-04
BOT is still dragging their feet
UFF-FIU Salary Proposal
Our team is attempting to move forward. Read our salary proposal to the BOT
Comments to BOT 11-22-04
Alan's Comments at the BOT meeting on November 22
Bargaining Report 11-14-04
Wait 'til you read this one
BOT's contract proposal
The gutted contract proposal from the BOT
BOT's suggested policies
BOT wants to move negotiated rights to maleable policies
Bargaining Report 11-01-04
Bargaining Report 09-24-04
  • BoT is not bargaining in good faith
  • Time to act
Bargaining Report 09-06-04
  • Faculty voice is heard
  • Grievance Procedure under attack by BoT
Bargaining Report 07-30-04
Tenure under attack by BoT
Bargaining Report 06-11-04
BoT’s team is taking a hard-line
Bargaining Report 05-23-04
Radical new language proposed by BoT

Membership forms are available to download at
http://www.uff-fiu.org/nindex.php/uff.form.html .

Contact Us

Chapter President Eric Dwyer
Grievance Chairperson Lauren Christos
Treasurer For information about the UFF-FIU budget, please contact Delano Gray

UFF-FIU By-Laws | Contact the webmaster at Webmaster

[last updated: March 13 2014]