STATE UNIVERSITY SYSTEM OF FLORIDA - BOARD OF REGENTS
UNITED FACULTY OF FLORIDA - GRADUATE ASSISTANTS UNITED

Appendix C

If grievant is represented by UFF-GAU or legal counsel, all University communications should go to the grievant's representative as well as the grievant.

Other address to which University mailings pertaining to grievance shall be sent:

_____Craig Rinne, Dept. of English, P.O. Box 117310_

_____University of Florida, Gainesville, FL 32611-7310_

II. GRIEVANCE

Provisions of Agreement allegedly violated (specify Articles and Sections):

23.1 Stipend Increases, 23.2 Eligibility for Stipend Increases, 23.4 Contract and Grant Funded Increases, 23.5 Effective Date of Stipend Increases, 19.1 Totality of Agreement/Limitation, 21.1 Duration

Statement of grievance (must include date of acts or omissions complained of):

On the pay date of October 18, 2002, one-thousand, two-hundred, and ninety-four (1,294) graduate assistants at the University of Florida received paychecks (that covered, in part, the pay period of October 1-10, 2002) that did not include the 2.5% stipend increase that, according to Sections 23.1 and 23.5 of the FBOE/UF-GAU Collective Bargaining Agreement (2002-2003 Supplement), was supposed to be implemented for all UF graduate assistants on October 1, 2002. Section 23.1 states that "each eligible employee shall receive a two and one-half percent (2.5%) competitve pay adjustment on their September 30, 2002 base rate of pay," and Section 23.5 states that "stipend increases described in Section 23.1 shall be effective October 1, 2002." Further, Section 23.2 states that "employees eligible for the stipend increases described in Section 23.1 above are those who are, at a minimum, meeting their required performance standards," and Section 23.4 states that "eligible employees on contracts and grants shall receive those increases described in Section 23.1."

The University of Florida has arbitrarily decided, without providing any tangible evidence to support its decision, that the 1,294 affected graduate assistants are not eligible for and/or will not receive the stipend increase described in Section 23.1. Thus, the rights under Sections 23.1 and 23.2 of both UF-GAU and the 1,294 affected graduate assistants have been blatantly violated by the University because the University has either decided to 1) arbitrarily declare the affected employees ineligible for the stipend increase without evidence or just cause, in effect completely ignoring Section 23.2 and the rights of eligibility it confers upon UF-GAU and the 1,294 affected graduate assistants, or 2) arbitrarily withhold the stipend increase from the affected graduate assistants, in effect completely ignoring the rights to the stipend increase of Section 23.1 for all of UF-GAU, and especially for the 1,294 affected graduate assistants, or 3) some combination of (1) and (2). If the University can ignore the CBA at will, and arbitrarily choose to withhold rights and benefits guaranteed by the CBA from selected graduate assistants, then all of the basic rights of UF-GAU under the CBA are in jeopardy.

More importantly, by not adhering to the current language and stipulations of Sections 23.1, 23.2, 23.4, and 23.5, the University has violated Sections 19.1 and 21.1. There is evidence (see the attached "FURTHER EVIDENCE THAT THE UNIVERSITY HAS ARBITRARILY IGNORED THE CURRENT CBA (2002-2003 Supplement) IN FAVOR OF THE PREVIOUS CBA") that the University based its refusal to completely implement the stipend increases on obsolete language from the previous CBA that is not in the current CBA (2002-2003 Supplement). That decision and subsequent actions violate Section 19.1, which reads in part: "that all of the understandings and agreements arrived at thereby are set forth in this Agreement, and that it shall constitute the entire and sole Agreement between the Board the the UFF-GAU for its duration," (emphasis added). Additionally, basing its decision on obsolete language from the previous CBA (dated before July 1, 2002) is a violation of Section 21.1, which reads: "The agreement shall become effective on July 1, 2002 or the date it is ratified by both parties, if that date is later, and remain in effect through January 6, 2003." Both Section 19.1 and Section 21.1 are vital GAU rights which the University is violating in this grievance situation.

Remedy Sought:

The University shall immediately adhere to its current agreement (the CBA, 2002-2003 Supplement) with UF-GAU, and each affected graduate assistant should immediately have his or her stipend increased by 2.5%, retroactive to October 1, 2002, and receive a compensatory lump sum payment covering the pay periods since October 1 for which the University has already failed to award the stipend increase.

III. AUTHORIZATION

I will be represented in this grievance by: (check one - representative must sign on appropriate line):

I UNDERSTAND AND AGREE THAT BY FILING THIS GRIEVANCE, I WAIVE WHATEVER RIGHTS I MAY HAVE UNDER CHAPTER 120 OF THE FLORIDA STATUTES WITH REGARD TO THE MATTERS I HAVE RAISED HEREIN AND UNDER ALL OTHER UNIVERSITY PROCEDURES WHICH MAY BE AVAILABLE TO ADDRESS THESE MATTERS.

This grievance was filed with the Graduate Dean on _____________, by (check one) mail (certified or registered; restricted delivery; return receipt requested) _________; personal delivery _________.

Date received by the Graduate Dean: _____________________________

Copies of the Step 1 Decision shall be sent to:

Grievant

Step 1 Representative

Faculty Supervisor

STATE UNIVERSITY SYSTEM OF FLORIDA - BOARD OF REGENTS

UNITED FACULTY OF FLORIDA - GRADUATE ASSISTANTS UNITED