grievance

What is the Grievance Process?

The grievance process provides a standardized procedure if one of the rights or benefits guaranteed by the CBA is denied to you as a UFF-FIU member. Someone from our Grievance Committee will be there with you every step of the way to make sure that your rights are protected and enforced.

Discuss your options with us within 45 days of the initial incident and before filing other forms of resolution. Please contact us and one of our Grievance Committee members will respond as soon as they can!

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-FIU’s grievance chair. Full text of National Labor Relations Board V. Weingarten, Inc., 420 U.S. 251

Example Grievances and Advice from UFF-FIU's Grievance Chair:

Raise:
A faculty member was unjustly denied a pay increase based on an annual evaluation. The union stepped in, reviewed the case, and found that the chair was in violation of the CBA. The raise was granted.

Advice: Pay attention to your annual evaluations! These typically are released during the summer when many 9-month faculty are off-contract. You can also object to your evaluation if you are being evaluated on additional work that is not in your assignment.

Assignment & Evaluation:
A faculty member was asked to perform a duty that was not listed in the annual assignment. The faculty member felt that it was an inappropriate task, and the issue was resolved in favor of the faculty member.

Advice: Every year, review your annual assignment! By the contract, you can only be evaluated on your annual assignment.

Tenure & Promotion:
A faculty member was denied tenure unfairly. UFF-FIU intervened and tenure was granted.

Advice: Defend your right to apply for promotion! The timeline and general process for applying for promotion is listed in the CBA. If you do not receive a timely notice, or if at any point during the process you feel your rights are violated, contact UFF-FIU.

Remember, if something doesn't seem right, you have forty-five (45) days to file a grievance!

Important Changes in UFF Grievance Representation Policy

At its September 2008 Senate meeting, the statewide United Faculty of Florida (UFF) revised its grievance representation policy in response to liability and legal concerns. Effective immediately, UFF will not provide grievance representation to faculty who were not dues-paying UFF members at the time when the grievable incident occurred.

All faculty have the right to file an individual grievance, but those who were not UFF members when the incident occurred must represent themselves or retain an attorney. UFF retains the sole and exclusive right to invoke arbitration; non-members will not automatically have the right to pursue a remedy beyond the grievance process. If UFF agrees to allow a non-member to proceed to arbitration, the non-member will be responsible for the cost of the arbitration – $2000 to $4000 – and must provide his or her own attorney, the cost of which can exceed $20,000. If a non-member informs the chapter of an incident, UFF may file a grievance on behalf of the chapter if it is believed to have chapter-wide impact on the enforcement of the collective bargaining agreement; however, that is at the discretion of the chapter.

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