If you are a qualified faculty member and being denied the opportunity to teach two summer classes this year it may be because of FAU-BOT attorneys’ craftiness at the bargaining table. On May 18, 2009 UFF attorney Tom Brooks filed an Unfair Labor Practice Charge with the Florida Public Employees Relations Commission against the FAU Board of Trustees after the BOT claimed that it was insolvent–yet only during the summer–then failed to ever provide any evidence of insolvency.
The Unfair Labor Practice charge asserts that FAU-BOT acted in an unlawful manner by abusing Florida Statute 447.4095, claiming financial urgency when none was demonstrated. In November 2008 the FAU Board of Trustees declared impasse in bargaining and invoked Florida Statute 447.4005, “Financial Urgency,” in an effort to open and alter Article 8.4 of the Collective Bargaining Agreement. This article pertains to appointment of qualified bargaining unit members to summer teaching assignments. The BOT effectively asserted that it is insolvent–but only during the summer. The Board’s attorneys never provided evidence of financial urgency upon UFF’s request. At the same time, however, over UFF’s objection, insisted on reconsideration of Article 8.4 before the PERC Special Magistrate in February 2009. The magistrate requested to hear the FAU-BOT argument concerning Article 8 and recommended in the BOT’s favor–that bargaining unit members be offered only one class during summer before the classes are offered to part-time instructors and adjuncts. The language of Article 8.4 has been rewritten accordingly.
In light of the above UFF asserts that bargaining unit members should still be entitled to two summer classes if the classes they are qualified to teach are in fact offered. If you are being denied the opportunity to teach two summer classes please contact the Grievance/Contract Enforcement Chair.