Archive for the ‘Legal’ Category

Why UFF watches what happens with layoffs

Thursday, May 22nd, 2008

The following is from the May 15 layoff process timeline under notification periods:

Faculty ‐ Minimum 90 days notice or end of current semester if in teaching capacity (no later than 15 days following the official close of Fall Semester) [emphasis added]

The collective bargaining agreement stipulates that “where circumstances permit,” the layoff notice for in-unit faculty and professional employees should be six months for those with less than 3 years’ service and one year for everyone else. There are important exceptions: those in visiting lines and on soft money do not have a right to notice of nonreappointment when either the immediate visiting term ends or grant support ends. But given the extensive unrestricted assets of the university (even if one accepts at face value every claim made by USF yesterday) and the relatively small number of those anticipated to be laid off from the UFF-USF bargaining unit, we think these are precisely the circumstances that permit the default layoff notice.

Cuttings of the poisonous tree

Friday, April 4th, 2008

In 2000, Los Angeles prosecutor Richard Ceballos reported to his superior in the District Attorney’s office that the Los Angeles Sherriff’s Department had relied on an inaccurate affidavit to obtain a search warrant. There was sound, fury, and office politics, and subsequently Ceballos was reassigned, transferred, and denied a promotion. He sued, and the case – Garcetti v. Ceballos – was resolved by a 5-4 U.S. Supreme Court decision in which the majority ruled that Ceballos did not enjoy First Amendment protection for statements he made as part of his official duties.

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Rumor quashing

Tuesday, April 1st, 2008

Given the uncertainties around university budgets, the following is intended to quash several rumors as firmly as possible:

  1. Summer salaries are pro-rated in the collective bargaining agreement. Neither administrators nor faculty can negotiate any variation from this by themselves. That means that a chair cannot offer a faculty a course on condition that the faculty agrees to be paid less than normal. If you hear of such a situation, please contact the chapter immediately.
  2. Using or reading the term “financial exigency” does not change the terms of the collective bargaining agreement. Right now, UFF and USF are in negotiations over the entire contract, and if the administration and Trustees wanted to save money by changing the contract, they have the ability to propose changes at the table. Thus far, the administration/Trustees’ representatives have proposed two changes that represent marginal savings, and the UFF team has proposed addressing one of those interests in combination with interests that the chapter has.
  3. Layoff priorities are specified in the collective bargaining agreement. On this point, it appears that the administration and UFF are in agreement on the importance of avoiding layoffs: at the last faculty meeting, President Genshaft said that given her experience with retrenchments at other institutions, she would be horrified to lay off tenured and tenure-track faculty, and I believe her.
  4. Furloughs cannot be imposed without collective bargaining, and UFF does not see any need or reason to have furloughs at USF.

At this point, it is in everyone’s best interests to work together to reduce the damage done by budget cuts, and one way we can do so is to avoid spreading rumors.

External reviewers for tenure

Thursday, March 20th, 2008

USF is now asking faculty going up for tenure and promotion to submit names of potential reviewers to their chairs earlier than in the past. If you are up for tenure or promotion in the fall, you should begin your research into potential reviewers now, and look for a members-only tenure workshop or external-reviewers mini-workshop announcement in the next week. The following information is included in the workshop, but the tenure workshop includes a great deal more about the identification of external reviewers.

The USF tenure and promotion guidelines say that faculty and their chairs can both suggest external reviewers, and they should jointly select external reviewers. If there is disagreement, each gets to select half.

If faculty present a credible list of potential reviewers to their chairs, they make the chair’s job easier and give faculty the best opportunity to have input on the selection of external reviewers. A credible list includes at least 6-8 potential reviewers with the following information for each:

  • Name
  • Current affiliation and rank
  • Any notable professional society offices held or awards won
  • Current contact information (e-mail)
  • A brief description of why this individual would be a good reviewer
  • An explicit statement addressing any potential conflicts or an explicit statement that there is no potential conflict (e.g., “My primary contact with Peter Schickele was at the last three P.D.Q. Retrospaetzle Symposia, and he was the chair on one 2007 panel where I presented ‘The Lost Manuscript of “Three Hands Viola and the Half-Blood Piccolo.”‘”).

Below is the language from the 1998 T&P guidelines:

The department chair ordinarily will include in the tenure and promotion packet a minimum of three letters (but not exceeding six from external reviewers who are expert in the individual’s field or a related scholarly field. The candidate and the department chair will suggest external reviewers. The department Tenure and Promotion Committee may also suggest external reviewers. These reviewers should have no significant relationship to the candidate (e.g., major professor, co-author), unless there are mitigating circumstances hat would indicate otherwise (e.g., to review scholarship so specialized that few expert reviewers exist). The chair and the candidate will jointly select the reviewers. In the event of disagreement each party will elect one-half the number of qualified reviewers to be utilized. Letters from external reviewers should be in the candidate’s file prior to the final recommendations by the Tenure and Promotion Committee. All solicited letters which are received must be included in the candidate’s file.

USF stops asking for SSNs in public ID card centers

Tuesday, February 19th, 2008

A few years ago, Parking Services stopped using Social Security Numbers in managing its accounts. Last month, a faculty member was asked for her SSN to get a new ID card. She e-mailed the chapter, which asked the administration to look into it. The response today from Sandy Lovins, Associate Vice President of Human Resources:

We did find out that the Card Center was taking social security numbers in order to generate an ID card (it was a field required in the system that they are using). However, we’ve been able to configure a change in their system and feed required information in from the GEMS system so that social security numbers are no longer needed. The Employee ID number is now officially being used. No longer will the Card Center staff be asking for social security number.

The UFF membership form now gives the option of providing the employee ID instead of the SSN, but includes the SSN option because many faculty know their SSN but not their employee ID. One of the concerns about asking for Social Security Numbers in public situations (whether in parking services or at a card center) is that they are public: You’re in a line, and someone asks you for the SSN. Anyone else in line could overhear your name and SSN, and then they have what they need to generate a false identity. If you are asked for your SSN at USF in a public context, gently refuse to, explain why not, and insist on using your employee ID instead.

Graham-Frey lawsuit refiled

Thursday, February 7th, 2008

The group of plaintiffs in the lawsuit over the Board of Governors’ constitutional authority refiled their lawsuit Monday in Tallahassee. The judge in the case had ruled early in January that the plaintiffs, including the Board of Governors, did not have standing to sue in state court.

This lawsuit is about tuition authority (a crucial question this year!) but more generally about who controls Florida’s universities. In 2002, the United Faculty of Florida supported the constitutional amendment that created the Board of Governors, as faculty were tired of seeing legislative politics deciding educational issues. If the Board of Governors wins this lawsuit, future decisions may have political overtunes, but we will see far less of the shenanigans of the past decade, where legislative influence and not educational need determined whether new schools were built, and on which campuses.

A decision is not going to happen for several months at the lower-court level, and any decision is likely to be appealed until the Florida Supreme Court decides the issue.

Proposed grievance procedures

Tuesday, October 16th, 2007

The following procedures will be presented as a motion at the chapter meeting this Friday (October 19). If you cannot make the meeting please e-mail Sherman with comments.

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