On May 18, 2009 attorney Tom Brooks, acting on behalf of UFF-FAU, filed an Unfair Labor Practice Charge with the Florida Public Employees Relations Commission against the FAU Board of Trustees for claiming that it was insolvent and refusing to provide evidence of such. 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 the appointment of qualified bargaining unit members to summer teaching assignments. FAU thus effectively argued that it is insolvent–but only during the summer. Thereafter, the FAU-BOT never provided evidence of financial urgency upon UFF’s request, yet over UFF’s objection included it for consideration before the PERC Special Magistrate in February 2009. The magistrate offered 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. The Unfair Labor Practice charge asserts that FAU-BOT acted in an unlawful manner by abusing Florida Statute 447.4095 and claiming financial urgency when none was ever demonstrated.
On May 18, 2009 attorney Tom Brooks acting on behalf of UFF-FAU filed an Unfair Labor Practice Charge with the Florida Public Employees Relations Commission against the FAU Board of Trustees for violation. A pdf document of the ULP may be downloaded here. In November 2008 when the FAU Board of Trustees declared impasse in bargaining and invoked Florida Statute 447.4005, “Financial Urgency,” in an effort to open and change Article 8 of the Collective Bargaining Agreement. This article pertains to appointment during summer. Thus FAU effectively argued that it is insolvent–but only during summer. Thereafter FAU-BOT never provided evidence of financial urgency upon UFF’s request, yet included it for consideration before the PERC Special Magistrate in February 2009, over UFF’s objection. The magistrate offered to hear the FAU-BOT argument concerning Article 8 and recommended in its favor. The Unfair Labor Practice charge asserts that FAU-BOT acted in an unlawful manner by abusing Florida Statute 447.4095 and claiming financial urgency when none was ever demonstrated.