Agreement
between
and
Graduate Assistants United
United Faculty of
2005-2008
TABLE
OF CONTENTS
Article
1 - Recogniton................................................................................. 4
Article
2 - Appointments, Reappointments, and Terminations....................... 5
Article
3 - Employment Performance Evaluation........................................... 7
Article
4 – Employee Evaluation File............................................................ 9
Article
5 – Academic Freedom.................................................................... 10
Article
6 – Workload................................................................................... 11
Article
7 – Outside Activity/Conflict of Interest............................................ 12
Article
8 – Unlawful Discrimination.............................................................. 13
Article
9 – Copyrights and Patents............................................................... 14
Article
10 – Leaves of Absence................................................................... 15
Article
11 – Grievance Procedure and Arbitration......................................... 16
Article
12 – Matriculation and Tuition Program............................................. 22
Article
13 – Reserved Rights....................................................................... 23
Article
14 – Use of Facilities........................................................................ 24
Article
15 – Union Deductions..................................................................... 26
Article
16 – Insurance Deduction................................................................. 28
Article
17 – Miscellaneous Provisions.......................................................... 29
Article
18 – Other Employee Rights............................................................. 31
TABLE
OF CONTENTS (page 2)
Article
19 – Totality of Agreement............................................................... 33
Article
20 – Severability............................................................................... 34
Article
21 – Amendment and Duration.......................................................... 35
Article
22 – Definitions................................................................................ 36
Article
23 – Stipends................................................................................... 37
Article
24 – Consultation............................................................................. 39
Signature
Page............................................................................................ 40
Appendix
A................................................................................................ 41
Appendix
B................................................................................................ 43
Appendix
C................................................................................................ 47
Appendix
D................................................................................................ 49
Article 1
RECOGNITION
1.1 Bargaining Unit. Pursuant to the certification of the Florida
Public Employees Relations commission, certification No. 1488 dated
Graduate Research
Assistant,
Graduate
Research Associate,
Graduate
Teaching Assistant,
Graduate
Teaching Associate, and
Graduate
Assistant.
1.2 Exceptions. Nothing contained in this Agreement shall be
construed to prevent the UBOT or its representatives from meeting with any
individual or organization or hear views on any matter; provided, however, that
as to any such matter which is a proper subject of collective bargaining and
covered by a term of this Agreement, any changes or modification shall be made
only through negotiations and agreement with UFF.
Article 2
APPOINTMENTS,
REAPPOINTMENTS,
TERMINATIONS
2.1
Letter of Appointment.
The University shall make appointments on standard letters of
appointment, signed by a representative of the University designated by the
president or representative and the appointee.
The letter of appointment shall be sent to the appointee within ten (10)
days after the conditions necessary for the appointment have been met. No salary shall be paid in the absence of a
signed letter of appointment properly on file with the University Board of
Trustees. The employing department shall
ensure that the singed letter of appointment is properly on file. The letter shall contain the following
elements as a minimum:
(a)
Date;
(b)
Professional Classification System title and job code,
if any;
(c)
Employment unit (e.g., department, college, institute,
area, center, etc.);
(d)
Length of appointment;
(e)
Special conditions of employment;
(f)
Name of supervisor;
(g)
A statement that the employee’s signature shall not be
deemed a waiver of the right to process a grievance with respect to the
appointment in compliance with Article 11, Grievance Procedure;
(h)
A statement that the appointment is subject to the
Constitution and laws of the State of Florida and the United States, the rules
of the Board of Governors and the UBOT, and this Agreement, with the web
address where the Agreement may be accessed;
(i)
Percent of full-time effort (
(j)
Salary rate and bi-weekly stipend.
2.2
Reappointments.
No appointment shall create any right, interest, or expectancy in any
other appointment beyond its specific term.
Upon written request, the GAU shall be provided information regarding
established guidelines for teaching assistant appointments. When appointed, employees shall be provided
with criteria concerning reappointment.
2.3
Length of Appointment.
Appointments may be for any period of time up to one (1) calendar
year. Appointments for graduate
assistants shall be consistent with the faculty.
2.4
Notice:
(a)
Fall Appointments.
Employees serving in at least one (1) semester appointment during an
academic year shall be provided with a letter of intent regarding continuation
or non-continuation of employment for the subsequent Fall semester as soon as
practicable, but in no event later than May 15.
A final letter of appointment, if necessary, shall be provided to the
employee by June 30.
(b)
Spring Appointments.
Employees, who will be offered an appointment to commence at the start
of the Spring semester, shall be provided with a letter of intent by August
30. A final letter of appointment for
mid-year appointees, if necessary, shall be provided to the employee by October
30.
2.5
Changes in appointment.
(a)
Any appointment may be curtailed, diminished, or
terminated at any time, only by reason of any one of the following:
1.
Continued failure to perform duties as specified in the
Letter of Appointment, after written notification;
2.
Failure of the employee, in the academic judgment of
the University, to maintain satisfactory student status or to make appropriate
progress toward the degree;
3.
Incompetence, which is documented, or misconduct of the
employee;
4.
Completion of degree requirements;
5.
Lack of funds as a result of adverse financial
conditions.
(b)
In case of 2.5(a)(5) above, the University shall
provide three weeks notice, if practicable, and make every effort to reassign
the affected employee. The notice shall
include a statement which indicates that this action is grievable under the
provisions of the University Board of Trustee/Graduate Assistant United
Collective Bargaining Agreement.
(c)
When the President or representative has reason to
believe that the employee’s presence on the job will adversely affect the
operation of the University, the President or representative may immediately
place the employee on leave with pay, pending investigation of the event(s)
leading to that belief. However, such
leave with pay shall not extend beyond the semester in which the action by the
President or representative was taken.
Article 3
EMPLOYMENT
PERFORMANCE EVALUATION
3.1
Policy. The job
performance of each employee, whose term of appointment is one (1) semester or
longer, shall be evaluated in writing once during each such appointment. The employment evaluation shall include
evaluation of assigned duties and such other responsibilities as are
appropriate to the assignment. Personnel
decisions shall take such employment evaluations into account, provided that
personnel decision need not be based solely on written employment performance
evaluations.
3.2
Procedures. The
employment evaluation shall be discussed with the employee, at which time any
deficiencies shall be specifically noted and suggestions for their improvement
made. A reasonable schedule shall be
given to accomplish the necessary improvements.
Such evaluation shall be placed in the employee’s evaluation file. The employment evaluation shall be signed by
the person who performed the evaluation and shall be shown to the employee, who
shall be given the opportunity to sign it.
A copy of the employment evaluation shall be given to the employee. The employee may attach a concise comment to
the evaluation. Written student comments
or evaluations need not be signed to be used for evaluation purposes.
3.3
Observations and Visitations. Observations or visitations for the purpose
of evaluating employee performance may be either announced or unannounced.
(a)
Within two (2) weeks after an observation or
visitation, the employee shall have an opportunity to meet and discuss the
observation or visitation with the observer.
UBOT and the UFF-GAU agree that it is beneficial for the employee and
the observer to meet as soon as possible after the observation.
(b)
If a written comment by the observer regarding the
observation or visitation is prepared, it shall be placed in the evaluation
file. A copy of such comment shall be
given to the employee no later than two (2) weeks following the observation, if
practicable. Such comment shall not be
grievable; however, the employee shall have the right to respond in writing and
shall have such response attached. The
employee shall have the right, to be exercised within three (3) working days
after the meeting with the observer, to request in writing an additional
observation or visitation by a different observer. Such additional observation or visitation
shall be accomplished prior to the end of the semester, and shall be placed in
the evaluation file. The employee shall
have the right to respond to this observation also and have the response
attached.
3.4
Criteria.
(a)
Performance evaluations pursuant to Article 3.1 shall
be based upon assigned duties, and shall consider the nature of the assignment,
and, where applicable, in terms of:
1.
Teaching effectiveness, including effectiveness in
presenting knowledge, information, and ideas by means or methods such as
lecture, discussion, assignment and recitation, demonstration, laboratory
exercise, practical experience, and direct consultation with students. The evaluation shall include consideration of
effectiveness in imparting knowledge and skills, and effectiveness in
stimulating students’ critical thinking and/or creative abilities, and
adherence to accepted standards of professional behavior in meeting
responsibilities to students.
2.
Contribution to the discovery of new knowledge,
development of new educational techniques, and other forms of creative
activity. The evaluation shall include
consideration of the employee’s productivity, including the quality and quantity
of what has been done during the year and of the employee’s research and other
creative programs and contributions; and recognition by the academic or
professional community of what is done.
Article 4
EMPLOYEE EVALUATION
4.1 Policy. There shall be only one (1) employee
evaluation file in which all written materials used to evaluate employee
performance are maintained so that when evaluations and personnel decisions are
made, the only documents which may be used are those contained in that
file. A copy of the employee’s performance
evaluation shall be given to the employee in accordance with Section 3.2. Employees shall be notified, upon request, of
the location of the employee evaluation file and the identity of the custodian. A notice specifying the location of the
official evaluation file shall be posted in each department or comparable unit.
4.2
Access. An
employee may examine the employee evaluation file upon reasonable advance
notice, during the regular business hours of the office in which the file is
kept, normally within the same business day as the employee requests to see it
and under such conditions as are necessary to insure its integrity and
safekeeping. Upon request, an employee
may paginate with successive whole numbers the materials in the file, and may
attach a concise statement in response to any item therein. Upon request and the payment of a reasonable
fee for photocopying, an employee may obtain copies of any materials in the
evaluation file. A person designated by
the employee may examine that employee’s evaluation file with the written
authorization of the employee concerned and subject to the same limitations on
access that are applicable to the employee.
4.3
Indemnification.
UFF agrees to indemnify and hold UBOT and the University, and their
officials, agents, and representatives harmless from and against any and all
liability for any improper, illegal, or unauthorized use by UFF of information
contained in such employee evaluation file.
4.4
Use of Evaluative Material. In the event a grievance proceeds to arbitration,
the UBOT, UFF, the arbitrator, and the grievant shall have the right to use
copies of materials from the grievant’s evaluation file in the arbitration
proceedings.
4.5
Anonymous Material.
No anonymous material shall be placed in an employee evaluation file,
except for student evaluations which are part of a regular evaluation procedure
of classroom instruction.
4.6
Materials in Evaluation File. Evaluative materials or summaries thereof,
prepared as part of a regular employee evaluation system, may be placed in an
employee evaluation file when signed.
4.7
Removal of Contents.
Materials shown to be contrary to fact shall be removed from the
file. This section shall not authorize
the removal of materials from the employee evaluation file when there is a dispute
concerning a matter of judgment or opinion rather than fact. Materials may also be removed pursuant to the
resolution of a grievance.
Article 5
ACADEMIC FREEDOM
It is the policy of the UBOT and UFF to encourage graduate
assistants, in fulfillment of their assigned teaching responsibilities, to give
their own interpretation of instructional materials used by them—whether
self-chosen or prescribed by the teaching unit—within the bounds of knowledge
and methodologies appropriate to the disciplinary field, under the guidance of
the employing department or unit. In
fulfilling assigned research duties, graduate assistants will be encouraged to
exercise creativity and sound judgment in carrying out the theoretical, conceptual,
and methodological design of the research under the guidance of the research
supervisor. When the Graduate Assistant
is primarily responsible for the course, the Graduate Assistant shall determine
grades in accordance with
Article 6
WORKLOAD
6.1
Assignment of Responsibilities.
(a) No
employee shall be assigned employment responsibilities during semester that
exceed an average of ten (10) hours per week for one-fourth time; thirteen and
one third (13.3) hours per week for one-third time; twenty (20) hours per week
for a one half time appointment; or thirty (30) hours per week for a
three-quarter time appointment. The same
proportional relationship applies to all other
(b) For
the purposes of determining whether an assignment can be accomplished within
the time limitations described herein, research and other activities that lead
directly to an employee’s thesis, dissertation, or other degree requirements
need not be counted as part of the assigned workload.
6.2
Grievability. In
the event an employee has reason to believe that the assignment exceeds the
guidelines described in Section 6.1, the employee may file a grievance pursuant
to the procedures in Article 11.
Article 7
OUTSIDE
ACTIVITY/CONFLICT OF INTEREST
7.1
Policy. Outside
employment or other activities that the University can show interfere with an
employee’s obligation to the University or that constitute a conflict of
interest are prohibited. No employee who
engages in outside employment or other activity shall claim to be an official
University representative in connection with an outside employment or other
activity. No employee may use University
personnel, equipment, or facilities in connection with the outside employment
or activity without prior approval of the President or representative. Approval for the use of University
facilities, equipment, or services may be conditioned upon reimbursement for
the use thereof.
7.2
Report of Outside Activity.
(a) Any
employee who proposes to engage in any outside activity which the employee should
reasonably conclude may create a conflict of interest, shall report to the
employee’s supervisor, in writing, the details of such proposed activity prior
to engaging therein.
(b) The
report, as described in paragraph 7.2(a), shall include, where applicable, the
name of the employer or other recipient of services; the funding source; the
location where such activity shall be performed; and the nature and extent of
the activity.
Article 8
UNLAWFUL
DISCRIMINATION
8.1
Policy. Neither
the UBOT nor UFF shall discriminate against or harass any employee based upon
race, color, sex, religious creed, national origin, age, veteran status,
disability, political affiliation, sexual orientation, or marital status, nor
shall the University or the UFF abridge any rights of employees related to
union activity granted under Chapter 447, Florida Statutes, including but not
limited to the right to assist or to refrain from assisting the UFF. Personnel decisions shall be based on job-related
criteria and performance.
8.2 Sexual Harassment.
(a) Sexual
harassment, as defined by federal law, is a prohibited form of sex
discrimination.
(b) The
University strictly prohibits sexual harassment. Sexual harassment is defined as unwelcome
sexual advances, requests for sexual favors, or verbal or physical conduct of a
sexual nature when:
(1) submission to such conduct is made
either explicitly or implicitly a term or condition of an individual’s
employment.
(2) submission or rejection of such
conduct by an individual is used as the basis for employment decisions
affecting such individual; or
(3) such conduct has the purpose or
effect of substantially interfering with an individual’s work performance or
creating an intimidating, hostile, or offensive working environment.
Article 9
COPYRIGHTS
9.1 Disclosure. An employee shall disclose all patentable
inventions and technological developments which the employee may develop or
discover while an employee of the University.
With respect to discoveries or inventions made during the course of
approved outside employment, the employee may delay such disclosure for no
more than one hundred and eighty (180) days, when necessary to protect the
outside employer's interests, until the decision has been made whether to seek
a patent.
9.2 Waiver of Rights. While an employee may, in accordance with
Article 7, Outside Activity/Conflict of interest, engage in outside employment
pursuant to a consulting agreement, the Office of Academic Affairs and the Office
of Research and Graduate Programs, must approve any requirement by the outside
employer that the employee waive the employee's/university's rights to any
patentable invention or discoveries which arise during the course of such
outside employment. An employee who
proposes to engage in outside employment shall furnish a copy of the
University's patents policy to the outside employer prior to or at the time the
consulting agreement is executed.
9.3 Federal Sponsorship. If the employee's activities involve
inventions or discoveries conceived under Federal sponsorship or supported by
University funds or resources, then the Office of Academic Affairs and the
Office of Research and Graduate Programs shall not grant permission to waive
patent rights.
9.4 Reporting Procedures. The employee shall report to the President or
designee the nature of the discovery or new invention, together with an outline
of the project and the conditions under which it was done. If the University wishes to assert its
interest in the patent, the President or designee shall inform the employee
within a maximum of one hundred and thirty-five (135) days. It is understood that every effort shall be
made at appropriate administrative levels to expedite the decision-making
process to minimize the time involved.
The division of proceeds between the University and the employee
generated by the licensing of patent rights or trade secrets shall be
negotiated and reflected in a written contract between the University and the
employee. All such agreements shall comport
with and satisfy any preexisting commitments to outside sponsoring agencies,
but the employee shall not commit any act which would tend to defeat the
University's interest in the matter, and the University shall take any
necessary steps to protect such interest.
Article
10
LEAVES
OF ABSENCE
10.1
An employee shall not be required to perform assigned
duties when:
(a)
disabled or otherwise unable to perform them because of
injury, illness, jury duty, required
(b)
The university is closed for a state holiday or a
declared emergency, unless the special conditions of the appointment require
the employee to perform duties at these times. These days shall not be held
against the employee with regard to permitted days of leave pursuant to Section
10.2.
(c)
Taking examinations for professional licensing related
to the degree or qualifying examinations are required by the university. These
days shall not be held against the employee with regard to permitted days of
leave pursuant to Section 10.2.
(d)
Traveling to conferences or other events for
professional development. UBOT and the UFF-GAU
encourage supervisors to facilitate professional development and approval of
attendance at such events shall not be unreasonably denied. These days shall
not be held against the employee with regard to permitted days of leave
pursuant to Section 10.2.
10.2
Personal time under this Article shall
be with pay for up to five (5) days per semester appointment. Each employee
shall be credited with such five (5) days at the beginning of each semester and
shall use leave in increments of not less than one (1) day. For example, an
employee scheduled to work six (6) hours on Monday and three (3) hours on
Tuesday, who is unable to perform assigned duties on these days for any of the
reasons described above, would be charged with two (2) days of personal time,
regardless of
Article
11
GRIEVANCE
PROCEDURE
11.1 Purpose. The UBOT and the UFF-GAU agree that all problems should be resolved, whenever possible, before the filing of a grievance and they encourage open communication between administrators and employees so that resort to the formal grievance procedure will not be necessary. The UBOT and the UFF-GAU further encourage the informal resolution of grievances. At each step in the grievance process, participants are encouraged to pursue appropriate modes of conflict resolution. The purpose of this Article is to promote a prompt and efficient procedure for the investigation and resolution of grievances. The procedures hereinafter set forth shall be the sole and exclusive method of resolving the grievances of employees.
11.2 Resort to Other Procedures. If prior to seeking resolution of a dispute
by filing a grievance hereunder, or while the grievance proceeding is in
progress, an employee or UFF seeks resolution of the matter in any other forum,
whether administrative or judicial, the employer shall have no obligation to
entertain or proceed further with the matter pursuant to this grievance
procedure and the grievance shall be decreed withdrawn. Further, since the parties do not intend that
this grievance procedure be a device for appellate review, the President's
response to a recommendation of a hearing officer or other individual or group
having appropriate jurisdiction in any other procedure shall not be an act or
omission giving rise to a grievance under this procedure.
11.3 Definitions. As used herein:
(a)
The term "grievance" shall mean a dispute
concerning the interpretation or application of a specific term or provision
of this Agreement, filed pursuant to this Article, and subject to those
exclusions appearing in other Articles of this Agreement.
(b)
The term "grievant" shall mean an employee or
group of employees who has filed a grievance in a dispute over a provision of
this Agreement which confers rights upon them, or UFF which has filed a
grievance in a dispute over a provision of this Agreement that confers rights
upon UFF. A grievance filed by UFF which
alleges a violation of its rights by two (2) or more colleges, or a grievance
filed by employees in two (2) or more colleges, shall be initiated at Step 1.
11.4 Representation. UFF shall have the exclusive right to
represent any employee in grievances filed hereunder, provided employees may
represent themselves or be represented by legal counsel. If an employee elects not to be represented
by UFF, the UBOT shall promptly inform UFF in writing of the grievance. No resolution of any individually processed
grievance shall be inconsistent with the terms of this Agreement and for this
purpose UFF shall have the right to have an observer present at all meetings
called between grievants and the University for the purpose of discussing
grievances and shall be sent copies of all decisions at the same time they are
sent to the other participants.
11.5 Grievance Representatives. UFF shall furnish annually to the UBOT and
the University a list of all persons authorized to act as grievance
representatives and shall update the list as needed. The UFF grievance representative shall have
the responsibility to meet all instructional, research, and other duties and
responsibilities incidental to the assigned workload. Some of these activities are scheduled to be
performed at particular times. Such
representative shall have the right, during times outside of the hours
scheduled for these activities, to investigate, consult, and prepare grievance
presentations and attend grievance meetings.
Should any hearings or meetings with the President, the UBOT, or their
representatives necessitate rescheduling of assigned duties, the representative
may, with the approval of the appropriate administrator, arrange for the
rescheduling of such duties or their coverage by colleagues. Such approval
shall not be unreasonably withheld.
11.6 Appearances.
(a)
When an employee participates during working hours in
arbitration proceedings or in a grievance meeting between the grievant or
representative and the President or UBOT or either of their representatives,
that employee's compensation shall neither be reduced nor increased for time
spent in those activities.
(b)
Prior to participation in any such proceedings,
conferences, or meetings, the employee shall make arrangements acceptable to
the appropriate supervisor for the performance of the employee's duties. Approval of such arrangements shall not be
unreasonably withheld. Time spent in
such activities outside regular working hours shall not be counted as time
worked.
11.7