FAU President John Pritchett, Senior Vice President for Financial Affairs John Crudele, and Associate General Counsel Elizabeth Rubin recently made changes to Section 8 of the University’s personnel policy that would make it much easier for them to terminate faculty, but they have failed to consult with UFF, the faculty’s designated bargaining representative. The changes, which were put in to effect on Saturday, October 30, but announced to the FAU community almost three weeks later, include the following:
Decisions regarding which employees will be subject to layoff shall be based upon who, in the judgment of the President or designee, will best contribute to the mission and purpose of the University when taking into account the employee’s past overall performance, length of continuous University service and other appropriate factors. Strict seniority will not apply. Wherever possible, a tenured Faculty or Regular status employee will not be laid off if there are non-tenured, Acting, Probationary, Time Limited or Temporary employees in comparable positions with similar skills in the same layoff unit.
1.2 Board and University Regulations and Policies.
(a) If there is an inconsistency between an existing University regulation or policy
or Board regulation or policy and an express provision of this Agreement, the Board agrees
to follow the language of the Agreement.
(b) No new, existing or amended Board or University regulation, policy, or
resolution shall apply to employees if it conflicts with an express term of the Agreement.
(c) The Board shall provide to the UFF advance copy of any proposed regulation
or policy changing a term or condition of employment contained in this Agreement. The
Board or the University, as the case may be, shall provide the advance copy of a proposed
regulation no later than the notice period under the provisions of the Regulation
Development Procedure for State University Boards of Trustees. The advance copy of a
policy shall be provided to the UFF, at least two (2) weeks in advance of its effective date
so as to permit the UFF to seek consultation with respect to it. With respect to a rule
adopted pursuant to the emergency provisions of the Regulation Development Procedure,
an advance copy shall be provided as far in advance of its effective date as is feasible
under the circumstances.
(d) If the Board or a committee of the Board has scheduled public hearings on
any Board action that would conflict with an express term of this Agreement, the UFF shall
not be denied the opportunity to address the matter.
(e) If any proposed regulation, policy, or resolution would modify an express term
of this Agreement, the Board or its designee shall engage in collective bargaining with
respect to the change upon the UFF’s request.