Collective Bargaining

1. Collective Bargaining Presenter: Ryan Fuller Associate Vice President and Deputy General Counsel University of Florida

2. Background and Legal Structure • Public sector versus private sector • State law versus federal law • PERC versus NLRB

3. Unions • Certified bargaining unit • Exclusivity • No direct dealing - Puts the “collective” in collective bargaining • Union dues - bargaining unit member vs union membership

4. Collective Bargaining Agreements • Agreement between the union and the governing body • Terms and conditions of employment for bargaining unit members • Dictates actions by administrators and supervisors – this means you! • No more than three years • Subordinate to state and federal law • Mandatory versus permissive subjects of bargaining

5. Mandatory Subjects of Bargaining • Wages, benefits, hours, holidays, evaluation procedures and criteria, discipline, dismissal, leaves, tenure and promotion procedures and criteria, sabbaticals, grievance rights, IP ownership • Unilateral changes - unfair labor practice • Mandatory bargaining vs mandatory agreement • Waivers

6. Permissive Subjects of Bargaining • Management rights: • The parties agree that the University shall have the rights, powers, and authority vested in it by the Florida Constitution, the Board of Governors, Florida statutes and case law, including the right to plan, manage, administer, and control the University of Florida in carrying out the ordinary and customary functions of management. • Strategic goals and initiatives, curriculum, budget, colleges, departments, centers, institutes, staffing levels, assignments, hiring process and decisions, anything exclusively affecting employees outside of the bargaining unit • Agreements on permissive subjects • Impact bargaining

7. CBA vs Regulations/Policies • CBA articles and regulations/policies covering same subject matter • No existing, new or amended University regulation, policy, or resolution shall apply to bargaining unit faculty members if it conflicts with an express term of the Agreement • Regulations/policies regarding subjects not addressed by CBA • If any regulation, policy, or resolution proposed by the University has a direct and substantial impact on wages, hours, or any other term or condition of employment, the University shall satisfy any collective bargaining obligation with respect to the change prior to implementing it, unless UFF declines in writing to bargain over the change.

8. Collective Bargaining vs Shared Governance • Faculty senate vs union

9. Pre-Bargaining • Bargaining teams – representatives of the parties • Strategy sessions and lessons learned • Confidentiality • Thinking outside the bargaining unit • Subject matter experts

10. At the Table • Bargaining in the sunshine • Entire contract versus reopeners • Negotiation – free for all, article by article, package deals • Avoid bad faith bargaining • Sharing data • Financials tend to be resolved last

11. Getting to No • Declaring impasse • Mandatory and permissive subjects of bargaining • Impasse process and resolution • Mediation • Special Master recommendation • Governing body makes final decision • Unpleasant but an alternative to strikes and lockouts

12. Getting to Yes • Tentative agreements • Union ratification • Board of Trustee ratification

13. Questions???