Grievances

You may want to print out the following and take it to any meeting:

Your Right to Union Representation

“If this discussion could in any way lead to my being disciplined or terminated, or affect my personal working conditions, I respectfully request that my union representative, office, or steward be present at this meeting. Without union representation, I choose not to answer questions.”

UFF Membership and Grievance Representation: Understanding Your Rights and Protections

The union will not provide individual grievance representation to non-members. Unless you are a member of UFF at or before the time of any incident that violates your rights under the BOT-USF Collective Bargaining Agreement, UFF will not represent you in your grievance. You have a right to represent yourself or to hire an attorney to represent you. And, just as you cannot obtain an insurance policy after an accident happens, you cannot obtain union representation in a grievance over something that happened before you were a member by joining the union after the incident that violates your contract rights and leads to the grievance occurs.

Non-members are not entitled to the $1 million insurance policy that covers liability for work-related lawsuits or claims against a faculty member. This has always been another important protection offered automatically to UFF members and paid for by their dues.

Choosing to Join UFF: What It Means for Faculty and Librarians' Grievance Representation Rights
It is the choice of an individual faculty member or librarian as to whether or not to join UFF. That choice not to join means the individual is opting out o a right to have the assistance of trained UFF grievance representatives, the union feels it is important for all faculty members and librarians to be notified of this policy.
Collaborative Efforts in Contract Negotiations: UFF and USF Administration Work Towards Mutual Agreement

Your union’s collective bargaining team (made up of in unit employees who are UFF members) negotiate the contract with the USF Administration and Board of Trustees. It is important to emphasize that since it is a mutual agreement, both the UFF and the USF leaderships must agree to the proposed contract language, after which it is put to a vote of all in unit employees, not just union members, and the BOT.

Challenges of Collective Bargaining in Florida: Process and Implications for University Employees
Collective bargaining is very difficult in Florida. The employees can not strike. If the parties can not come to an agreement, either party may declare impasse. A neutral third party is appointed to hear the positions of each party and then make a recommendation which does not have to be accepted by either party. If not mutually accepted, the university can then impose its terms which may not be consistent with its last collective bargaining proposal. The parties are only required to bargain in good faith.

Understanding Your Rights and the Benefits of UFF Membership: A Guide to the Collective Bargaining Agreement and Weingarten Rights

Our desire is to inform all faculty not only of their rights under the CBA, but to inform all faculty of the value of being a UFF member. Our CBA is the outcome of years of dedicated UFF Bargaining teams who see value in protecting our rights. This is a legally binding agreement and must be adhered to by all parties.

Weingarten Rights guarantee your right by law to union representation in a meeting if, at any point, the discussion becomes disciplinary in nature or if you feel the discussion affects your working conditions. You are entitled, by a Supreme Court ruling, to invoke this right at any point during the meeting. By law the meeting must end until union representation can be ensured. If you should find yourself in this situation, please contact UFF-USF’s grievance chair, Karin Braunsberger at karin.braunsberger@gmail.com.

 

Here’s five common questions and answers about UFF grievances:

The Collective Bargaining Agreement is there to protect your rights.
The information below is to help grievants follow procedures for successful outcomes.

Need to File a Grievance?

    Or send a message to our grievance mailbox.

    What are common types of grievances?

    All grievances must be actions in violation of a particular clause in the Collective Bargaining Agreement

    Grievances can include such things as
    • Mishandling of annual evaluations, tenure or promotion procedures
    • Inappropriate assignments
    • Incorrect pay
    • Violations of academic freedom including
      • The right to govern one’s own class
      • The right to participate in faculty governance
      • The right to write or speak in one’s own discipline
      • Retaliation or retribution for speaking freely

    What is the timeline for a grievance?

    A grievance must be filed within thirty (30) days of the time that the grievant knew or should have known about the violation.

    What can I do to make sure that my grievance moves forward toward a successful outcome?

    First, be knowledgeable about the Collective Bargaining Contract and what it covers in terms of your rights.

    Second, document everything. Keep a journal of events as they happen. If disciplinary action is involved against you, include a union representative at any potential or actual disciplinary meetings.

    If possible tape record everything discussed at a meeting that leads to or may lead to action against you. Keep copies of hard copy documents and emails involving your case.

    Make sure you can document any disputed facts of the case with evidence.

    Who is eligible for assistance by the USF Chapter of UFF for filing grievances?

    UFF will not represent a grievant who is not a member of UFF at the time of the violation. If someone is not a member, they may seek assistance from personal attorneys or other agencies on campus like the Office of Diversity, Inclusion, and Equal Opportunity (DIEO).

    What types of events/actions cannot be grieved?

    Waiting long after the 30 day time period elapses means that actions cannot be grieved, particularly if is something that has happened over months and years (such as promotion and tenure decisions). Final tenure decisions against candidates are unlikely to success if no documentation during mid-tenure and annual evaluations has been part of a grievance process.

     Actions by administration or supervisors not covered by the Collective Bargaining Agreement might not be grieve-able.

    Quibbles with colleagues unrelated to the CBA are unlikely to be something that can be grieved

    Remember, the Collective Bargaining Agreement will not protect your rights unless you stand up for yourself.