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???