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 United Faculty of Florida-Brevard Chapter

We receive questions from faculty on a daily basis. Many of the questions we get relate to working conditions. If you feel your rights under the current CBA have been violated, you have the right to grieve. Grievances are designed to remedy issues that violate the contract and grieving is the only way to set these kinds of matters "straight." If you feel you have been unfairly treated by management, you are encouraged to review the contract and/or contact your Union president via email for assistance.

We can only enforce violations of the CBA with the processes set forth in the CBA. Remember that grieving protects not only YOUR rights, but also helps to clarify the rights of ALL full time faculty.


Q: Why are administrators allowed to teach multiple sections as adjuncts? Isn't there a conflict of interest? (8/1/2015)

A: As administrators are considered adjunct faculty, we don't bargain for them (this is not a part of the bargaining process). Administration cannot be FT faculty. They can only be adjuncts and can only teach outside of the hours required for administration duties. They are paid the adjunct rate for their classes, and the CBA does not govern their employment as adjuncts.

Q: What is the current scope of the CTE (Center for Teaching Excellence)? (8/1/2015)

A: The CTE is now maintained under a faculty and staff board of directors and is part of the TPDC. It was originally set up to provide contonuing education to faculty while the TPDC was getting up and running and developing processes. Now that those processes are in place, the CTE is no longer needed in an administrative capacity.

Q: Can we establish an administrator to full time faculty ratio? (8/1/2015)

A: No, but remember that full-time faculty rights are protected by the CBA. In the current (2015-18) CBA, we have strengthened language regarding the rights of full-time faculty and scheduling of courses.

Q: Can an Administrative MCC be established? (8/1/2015)

A: Remember that when administrators teach, they are essentially in the role of adjunct faculty. Our CBA does not (cannot) govern the relationship between adjunct faculty and administrators/management. Further, management would have to decide if an adminstrative MCC should be established.

Q: Why aren't there established course caps? (8/1/2015)

A: While it seems only fair to establish a college-wide course cap, in reality, it is probably not practical. We have classrooms which range in size to accommodate just a few dozen students all the way to lecture auditoriums which will seat a few hundred. The Union is aware of the issues that this presents and will continue to work toward an equitable solution.

Q: Why aren't there established Dual Enrollment (DE) course caps?(8/1/2015)

A: State laws dictate how DE programs are framed. The rules by which EFSC must abide do not allow us to cap the number of qualified DE students that we are required to accept to THE COLLEGE. There is not however any mandate which precludes establishing course caps for the percentage of DE students in a given section. It also appears that some campus enrollment entities work more closely with their faculty than others to keep the percentage of DE students per section at a reasonable figure. Note however that, should a DE student need a specific course which has already been capped, we cannot deny the student entry per state mandate. (See the Contract and Bargaining web page, April 16 Transcript, page 72 for conversation).

The EC agrees that a large percentage of DE students changes the complexion of a college class and heavily influences the experiences of all students (and faculty). If you have a suggestion for how to implement a policy which can meet the needs of all concerned and which will maintain the letter of the law, please let your EC know by emailing UFFBrevard@gmail.com

Q: What about combined courses or varying hybrid formats? (8/1/2015)

A: There is no mandate or rule prohibiting combining courses or varying hybrid formats, and there is precedent for these formats as we have utilized them in the past. Work with your Supervising Administrator if you would like to teach in one of these formats.

Q: Why is much of the contract written with the caveat "with Supervisor's approval?" (8/1/2015)

A: The Contract is written by both parties. As such it is an agreement. Supervisors must be allowed to supervise. It's their job.

Q: Why aren't online DC (department chair) positions posted?(8/1/2015)

A: This is addressed in the new contract. According to Dr. Miedema, these positions will be posted this year.

Q: Can the Administration move me to different campuses? (8/1/2015)

A: Yes, this is an adminstrative decision.

Q: Can the contract incorporate a Faculty Survey of Administrator Effectiveness? (8/1/2015)

A: Yes, this was discussed at the 4/20/15 EC meeting, and it was decided that this would be revisited in the fall (2015) when we return (it was too late to add it to the current bargaining sessions). If you would like to have input into the design of this survey, please contact the EC at UFFBrevard@gmail.com

Q: What does "right of assignment" really mean? (8/1/2015)

A: There is not a single definition of this term that is used "across the board" in all types of work environments. However, right of assignment is a common management term which is loosely defined by federal administrative code. According to US Code 7106, management rights give certain rights to administrators while protecting the right or workers to negotiate working conditions. In a nutshell, management rights give management the authority to determine the mission, budget, organization, number of employees and internal security practices of an agency. This means that management rights extend to hiring and assigning as well as myriad disciplinary rights. The code also assures the right of the Union to negotiate the methods and means of performing work along with tours of duty, procedures for completing work and arrangements which cause adversity for employees.

Q: We are expected to ADD office time when we take on additional courses, so why would we not SUBTRACT time when teaching fewer? (8/1/2015)

A: The state of Florida requires that we maintain a minimum number of office hours (10) regardless of the number of classes we teach. EFSC may ask us to post more than the state requires (this is part of the process of bargaining), but we are not allowed, even if we teach less courses than required in a given semester, to dip below the state requirement.

Q: What is Weingarten? (8/1/2015)

A: Weingarten rights help to protect union members from spurious complaints by their bosses (administration in our case) and violations of contract. If you have reason to suspect that you are being called in for disciplinary reasons, you have the right to have a union member trained in Grievance procedures and Weingarten rights with you during the meeting. If a meeting for another reason turns into a disciplinary meeting, you have the right to halt the meeting and invoke the Weingarten rule. The meeting should be rescheduled so that the union member can be there. The union member will help to protect you from any violation of contract. Your representative cannot speak about your meeting to anyone else unless grievance procedures are being filed, in which case, the chair of the Grievance committee may become involved.

Q: I think that a fellow faculty member may be violating contract. Can I file a grievance? (8/1/2015)

A: No. Union Grievances can only be filed against the administration. The Union cannot grieve fellow faculty. Inequities are addressed contractually during negotiations. If an investigation occurs and we see an administrative issue, we can file a grievance.

Q: Can a grievance be anonymous? (8/1/2015)

A: No. Someone must sign the grievance. Class grievances are an exception. Class grievances occur when multiple parties or a whole group of faculty is affected by an issue. In this case, the union files the grievance on behalf of the class, but there are still some individuals listed.

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