GAU Is Here To Support You
As educators, we know this is an extremely challenging time. Colleagues around the world are scrambling to meet the needs of this unusual moment while looking out for their own health, their students, and their loved ones. GAU is committed to protecting graduate employees during the novel coronavirus (COVID-19) pandemic.
Below we have compiled advice and resources for graduate employees working during COVID-19. Remember to follow the advice of public health professionals, including to practice social distancing and wear a face mask in public.
Below we have compiled advice and resources for graduate employees working during COVID-19. Remember to follow the advice of public health professionals, including to practice social distancing and wear a face mask in public.
How has COVID-19 changed my employment? What are my rights as an employee?
The COVID-19 health crisis has upended many aspects of GA life. Many GAs have expressed concern about the University’s handling of the ongoing pandemic and what rights they maintain during these extraordinary times. Below is a list of Frequently Asked Questions (FAQ) to help GAs better understand their rights and protections amidst the uncertainty.
This FAQ is not to be construed as legal advice! Instead, this FAQ will restate and refer GAs to relevant sections of the UF-GAU Collective Bargaining Agreement (CBA). The CBA is available online. If you suspect your rights under the CBA are being violated, you can reach GAU via e-mail or check out our office hours.
If you suspect your rights are being violated or have specific questions about your rights during these uncertain times, you can reach GAU via organizing@ufgau.org.
This FAQ is not to be construed as legal advice! Instead, this FAQ will restate and refer GAs to relevant sections of the UF-GAU Collective Bargaining Agreement (CBA). The CBA is available online. If you suspect your rights under the CBA are being violated, you can reach GAU via e-mail or check out our office hours.
If you suspect your rights are being violated or have specific questions about your rights during these uncertain times, you can reach GAU via organizing@ufgau.org.
Frequently Asked Questions
Can I be terminated from my position as a GA for discussing COVID-19?
Generally, you probably shouldn’t discuss non-work-related matters while on the job. Working within COVID-19 precautions and CDC recommendations may require a conversation with your supervisor or colleagues to maintain safety protocols, especially in labs and classrooms. COVID-19 may be a relevant topic in a classroom discussing current events, health sciences, etc. Such conversations are likely okay. The former is necessary to ensure workplace safety and the latter may be protected under Article 9 Academic Freedom.
What circumstances may lead to my termination?
Under section 4.8, for any decision to curtail, diminish, or terminate an appointment, the University must provide reason(s) for doing so in writing with relevant dates and notify you of your right to contest the appointment change!
Generally, the University can only terminate your appointment for specific reasons:
Generally, the University can only terminate your appointment for specific reasons:
- Misconduct. Misconduct is a large category of behaviors that can include the following:
- Conduct demonstrating conscious disregard of the University’s interests as an employer or disregard of reasonable standards of behavior expected by the University as an employer;
- Carelessness or negligence arising to a significant degree;
- Chronic absenteeism or tardiness rising to the level of culpability or wrongful intent; or
- A knowing violation of a lawful or reasonable employer rule that is fairly and consistently enforced.
- Activities performed outside the scope of employment may constitute misconduct if they adversely affect the legitimate and compelling interests of the University.
- Incompetence or misconduct that is documented can be grounds to curtail, diminish, or terminate one’s appointment under Section 4.7(a)(3). GAU has no record of any GA at UF being terminated for misconduct occurring outside of the scope of employment.
- Incompetency. Incompetency usually involves a failure to perform one’s duties or poor work performance. The University may curtail, diminish, or terminate employment under Section 4.7(a)(1) if the continued failure to perform duties occurs after written notification of those duties from the department.
- Incompetence or misconduct that is documented can be grounds to curtail, diminish, or terminate one’s appointment under section 4.7(a)(3).
- Failure to maintain student status or make appropriate progress toward one’s degree. Keep in mind that GAs are also students and therefore subject to the Student Honor Code. Conduct that potentially violates the Honor Code, poor grades, or failure to meet department requirements or milestones can result in loss of student status, which would compromise an assistantship.
- Lack of funds as a result of adverse financial conditions. If your department cannot afford to maintain your appointment for “adverse financial conditions”, under Sections 4.7(a)(4) and 4.7(b), it should demonstrate an effort to (1) provide 3 weeks’ notice of the appointment change, (2) provide specific reasons for and dates of the appointment change, (3) notify you of your right to contest the appointment change, and (4) make “every” effort to reassign you! “Appointment change” specifically refers to curtailing, diminishing, or terminating appointment.
Is there a disciplinary process?
Yes. Generally, discipline will be issued progressively. Progressive discipline is the process of using increasingly severe steps or measures when an employee fails to correct a problem after being given a reasonable opportunity to do so. The underlying principle of sound progressive discipline is to use the least severe action that is necessary to correct the undesirable situation.
Disciplinary processes are outlined in Article 21 Discipline. The University may skip or combine disciplinary actions based on the facts of a situation and nature of conduct; thus, the University can issue more severe sanctions for more severe facts or misconduct. The CBA lists several forms of disciplinary sanctions under Sections 21.1(d) and 21.2(b): criticisms, admonitions, oral or written reprimands, letters/referrals for counseling, suspensions (with or without pay), or termination. According to GAU records, disciplinary steps have been skipped only in instances involving harassment and physical violence.
Under Section 21(e), you also have due process rights to contest disciplinary action, including termination. Accordingly, under Section 21.4 Notice of Discipline, the University must notify you of an impending written reprimand, suspension, or termination, and provide an opportunity to contest the sanction by filing a grievance within 25 days of the notice. Under Article 6 Employee Evaluation File, you also have a right to review your employee evaluation file, receive a copy of same, and respond to any items kept in the file.
Disciplinary processes are outlined in Article 21 Discipline. The University may skip or combine disciplinary actions based on the facts of a situation and nature of conduct; thus, the University can issue more severe sanctions for more severe facts or misconduct. The CBA lists several forms of disciplinary sanctions under Sections 21.1(d) and 21.2(b): criticisms, admonitions, oral or written reprimands, letters/referrals for counseling, suspensions (with or without pay), or termination. According to GAU records, disciplinary steps have been skipped only in instances involving harassment and physical violence.
Under Section 21(e), you also have due process rights to contest disciplinary action, including termination. Accordingly, under Section 21.4 Notice of Discipline, the University must notify you of an impending written reprimand, suspension, or termination, and provide an opportunity to contest the sanction by filing a grievance within 25 days of the notice. Under Article 6 Employee Evaluation File, you also have a right to review your employee evaluation file, receive a copy of same, and respond to any items kept in the file.
Can I be required to work more hours because of the COVID-19 health emergency?
Under Article 7 Workload, that depends on two things: (1) your FTE [full-time equivalency] status and (2) the average number of hours you work per week.
- An FTE of .25 means you cannot be required to work more than an average of 10 hours per week.
- An FTE of .33 means you cannot be required to work more than an average of 13.3 hours per week.
- An FTE of .50 means you cannot be required to work more than an average of 20 hours per week.
Can I have a union representative with me at a disciplinary meeting or proceeding?
Yes. You are permitted to have an authorized representative at disciplinary meetings or proceedings pertaining to your employment. You can designate a GAU representative to represent your interests during these meetings.
Is the University actively monitoring F2F through computer login checks or hallway patrols?
We cannot be sure at this time. Some department chairs in the College of Liberal Arts & Sciences were told verbally that classroom computer login information could be used to monitored absenteeism, but the university administration maintains they are not doing so. One of our Co-Presidents consulted a contact in UF IT about this matter and was told it was best to assume monitoring was taking place.
Is the University going to furlough GAs during the COVID-19 health crisis?
The University has adopted a policy allowing them to furlough employees, though GAs are exempted in that policy. A furlough is not a lay-off; when an employee is furloughed, their working hours are reduced and their salary is reduced proportionally. Furloughed employees will continue to have work and pay.
While GAs are exempted from the furlough policy, GAU remains strongly opposed to it for two reasons. First, all employees at UF are part our team and are vital to making our campus run smoothly and safely. Not a single non-managerial employee deserves to be furloughed. Second, faculty are at risk of furloughing, and if they are it is GAs who will have to put in extra unpaid hours to fulfill their duties.
While GAs are exempted from the furlough policy, GAU remains strongly opposed to it for two reasons. First, all employees at UF are part our team and are vital to making our campus run smoothly and safely. Not a single non-managerial employee deserves to be furloughed. Second, faculty are at risk of furloughing, and if they are it is GAs who will have to put in extra unpaid hours to fulfill their duties.
What is the status of the Gator Safe "snitching" feature?
The “snitching” feature of the Gator Safe app has been modified but remains fully functional. The good news is the most odious aspect of the feature, the drop-down menu allowing students to effortlessly select their instructor being absent from class as their class concern, was removed. However, students can still manually write out this complaint at the end of the submission form.
GAU strongly encourages all union members and community allies to continue submitting one false report through the Gator Safe app every weekday to make it more difficult for administrators to find, view, and act on real reports about the classroom.
GAU strongly encourages all union members and community allies to continue submitting one false report through the Gator Safe app every weekday to make it more difficult for administrators to find, view, and act on real reports about the classroom.
What if I suspect the University will change my appointment or seek disciplinary sanctions?
Seek help now! Often GAs will not take action to contest disciplinary or appointment decisions until it is too late. You should exercise your rights to comment on any reprimands or disciplinary actions placed in your employee evaluation file. You should also keep copies of any disciplinary or appointment change notices and hold the University accountable for departing from the text of the CBA, especially with timelines. If the University does not properly notice you, how are you expected to address the issues they raise against you? Do not expect your department or supervisor(s) to be familiar with the CBA and its requirements!
You can reach GAU via e-mail or check out our office hours.
You can reach GAU via e-mail or check out our office hours.
Securing Accommodations
The UF Office for Accessibility and Gender Equity is responsible for processing Americans with Disabilities Act (ADA) accommodations for those with certain underlying medical conditions that put you at increased risk for severe illness. Information about workplace accommodations can be found here and accommodation request forms are available here.
ADA requests for accommodation may be made at any time, but the university is requesting documentation by October 19th for the purposes of spring course scheduling.
The Florida Education Association (FEA) has created a toolkit to assist members in obtaining reasonable accommodations under the ADA which have arisen due to COVID-19, available here.
GAU also highly recommends you register with the Disability Resource Center, since this the current way UF is determining certain COVID-related accommodations. Information on how graduate employees can connect with DRC to receive support services and accommodations can be found here.
ADA requests for accommodation may be made at any time, but the university is requesting documentation by October 19th for the purposes of spring course scheduling.
The Florida Education Association (FEA) has created a toolkit to assist members in obtaining reasonable accommodations under the ADA which have arisen due to COVID-19, available here.
GAU also highly recommends you register with the Disability Resource Center, since this the current way UF is determining certain COVID-related accommodations. Information on how graduate employees can connect with DRC to receive support services and accommodations can be found here.
If I do not want to/cannot teach face-to-face, but don’t qualify for ADA accommodations, do I have other options?
Yes. Graduate employees may qualify for emergency paid sick leave through the Emergency Paid Sick Leave Act. Graduate employees are also entitled to six weeks of unpaid leave (but maintaining health care benefits) under certain circumstances. You can find more information about graduate employee leaves here.
HOW GAU PROTECTS GRADUATE EMPLOYEES
After months of negotiation, GAU reached and graduate employees ratified a memorandum of understanding (MOU) with UF's administration that includes important protections for GAs during the COVID-19 public health emergency.
We bargained over the effects of UF's instructions to graduate employees, including but not limited to: physical and mental safety, family and child care, access to buildings, materials, and resources, availability of Graduate and Family Housing, compensation for increased work, and COVID-19 testing. Read the memorandum of understanding.
We bargained over the effects of UF's instructions to graduate employees, including but not limited to: physical and mental safety, family and child care, access to buildings, materials, and resources, availability of Graduate and Family Housing, compensation for increased work, and COVID-19 testing. Read the memorandum of understanding.
