GRIEVANCE
I.. GRIEVANT Name: Graduate Assistants United University: Univ. of Florida College: N/A Dept: N/A Office Phone: (352) 392-0274	STEP I GRIEVANCE REPRESENTATIVE Name: John Ronan (Or: James Thompson, Marcus Harvey, Aline Gubrium) Mailing Address: 238 Norman Hall P O Box 117051 Gainesville, FL 32611

II. GRIEVANCE
Provisions of Agreement allegedly violated:

23.2 Stipend Increases. From a total fund of approximately 3% of the stipends of employess, the Board shall provide stipend increases to eligible employees, as defined in section 23.4 below, as follows:

1. General Increase. All eligible employees shall have their stipend rate increased by 3.0%.
2. If the increase described in Section 23.2(a) above for a 9-month, .5 FTE, employee is less than $300.00, the employee shall receive an additional increase which provides the employee a total annual increase of $300.00.
3. If funds are not appropriated sufficiently to fund the increases described in Sections 23.2(a) and 23.2(b), they will be reduced accordingly by the same percentage.
4. Stipend increases shall be computed in proportion to the FTE assigned and the length of the appointment.

Statement of Grievance: On Friday, October 22, 1999 Grievant(s) did not recieve the general stipend increase of 3% per Collective Bargaining Agreement, BOR-GAU (1999-2001), 23.2. Upon conferring with Nancy Paris at the Office of Personnel at the University of Florida, Co-President James Thompson of GAU was made aware of an actual 2.8% general stipend increase. Grievant(s) assert the non-payment of the full raise violates the agreement reached between GAU and the BOR in Section 23.2. The following arguments are intended to clarify the circumstances and context of the legislative appropriation, BOR-GAU contract, and University funding mechanisms related to 23.2. Grievant(s) see no legislative, contractual, or fiscal obstacles to the payment of the full 3% increase.

All references to appropriations are taken from: www.leg.state.fl.us/session/1999/senate/bills/appbills/pdf/31test.pdf
This site refers to appropriations numbered 180, 181, 182, 183, and 189.

(1) The Legislature of the State of Florida last session appropriated funds for "an overall average 2.8% increase on the September 30, 1999 base rate of pay of graduate assistants (UF, USF, and FAMU), graduate health professions assistants, effective October 1, 1999." Of the ???? graduate assistants from which this fund of $???? was derived, only ???? are eligible for the stipend increase per Section 23.4. This section makes eligible for the increase "those who were employed at least one (1) semester during the 1998-99 academic year for at least .25 FTE, and are employed at least one semester for at least .25 FTE in the 1999-2000 academic year." The cost of funding the contracted 3.0% raise for these eligible employees is $????. From the appropriated fund of $????, this leaves $???? of unspent legislative funds which may be used by the BOR to fulfill its contractual obligations.

(2)The State University System receives funds on a statewide basis. This large appropriation of ???? should first be used to fulfill its contractual obligations with graduate assistants at UF, USF, and FAMU. There are no limitations placed on how these funds may be distributed within the SUS. In fact, the legislature specifically states that appropriations "shall be distributed in accordance with the negotiated assistants [sic] collective bargaining agreements of the unit graduate assistants and as prescribed by the Board of Regents for the non-unit graduate assistants." This means that the contract shall be the guide for unit schools (UF, USF, FAMU), and management has flexibility for non-unit schools.

(2) The legislature nowhere prohibits the University or the BOR from using discretionary funds, general funds, or other non-appropriated and appropriated monies to fulfill the obligations of the contract. The current budget of the University of Florida is $??????. Grievant(s) do not accept the argument that, from the various funds and lines in this budget, the University cannot find the amount of $????? necessary to fulfill its contractual obligations.

Remedy Sought:
Grievant(s) wish the remainder of the general stipend increase to be paid in full to each grievant, retroactive to October 1, 1999, the implementation date for the raise.

III. AUTHORIZATION I will be represented in this grievance by:(check one-representative must sign on appropriate line)
____ UFF X__________________________________
____ Legal Counsel X__________________________________
____ Myself X__________________________________

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 ____________.

X______________________________
Signature of Grievant
(Grievant must sign if grievance is to be processed)

Date received by the Graduate Dean: ___________________________________

Copies of the Step 1 Decision shall be sent to:
Grievant
Step 1 Representative
Faculty Supervisor(s)