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

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

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

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

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

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

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.

Collective Bargaining vs Shared Governance Faculty senate vs union

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

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

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

Getting to Yes Tentative agreements Union ratification Board of Trustee ratification

Questions???