June 5, 2010. In impasse proceedings Magistrate observed College administration “had failed to make the case for a massive expansion of management rights, noting that existing contract language ‘has apparently served the parties well for a decade or more.'” UFF-Broward to make case at June 7 BC BOT meeting.

Date: June 1, 2010

The Broward College Board of Trustees (BOT) announced on May 21 that it would reject the majority of Special Magistrate Thomas Young’s recommendations for resolving the impasse between the college and UFF/Broward College, the faculty bargaining unit. This is the third bargaining cycle in which the college has declared impasse in contract negotiations, and will be the second time that the board has rejected a special magistrate’s rulings, causing growing faculty concern about the college’s leadership and direction. While accepting three recommendations concerning personnel procedures, the BOT indicated that it would reject five recommendations concerning contract articles regarding management rights, prevailing rights, personnel files and procedures, and the definition of board quorums. UFF/Broward, which has endorsed Young’s recommendations, will present its case before a June 7 meeting of the board, which is empowered to selectively accept and/or reject the recommendations. UFF has argued that the college’s proposals for an essentially unlimited expansion of management rights and the elimination of a prevailing rights article from the Collective Bargaining Agreement (CBA) would effectively obviate the protections offered in the contract. UFF-Broward has indicated that it will initiate an unfair labor practice action against the college if the BOT attempts to impose a contract containing the disputed proposals.

Young’s recommendations, which followed an April 5 hearing, supported UFF’s positions on the issues of prevailing rights, management rights and the college’s effort to remove contract language prohibiting the inclusion of “derogatory material” in faculty personnel files.  Young rejected the college’s assertion that Article 2.10 of the Collective Bargaining agreement, which protects prevailing rights including rights in the faculty handbook such as academic freedom, hampered college operations, noting that the college “never offered an example indicating that the current language impeded or impaired the College’s mission or its programs.” Young concluded that “the College’s argument is not persuasive” and that UFF had raised “legitimate concerns” about the impact of the proposed changes.

Young likewise rejected the college’s argument for a dramatic expansion of management rights defined in Article 4.10, which goes far beyond what state statute provides. The special magistrate again found UFF’s position more compelling, noting that the college’s negotiators had never addressed the meanings of the lengthy list of specific management rights proposed by the college at bargaining, making it impossible for UFF to know what it was being asked to agree to. Young concluded the college had failed to make the case for a massive expansion of management rights, noting that existing contract language “has apparently served the parties well for a decade or more” and that “There is no reason to recommend changing it now.”

The special magistrate again found in favor of UFF’s position concerning CBA article 2.60, which the college had proposed to amend by removing language prohibiting “derogatory materials” in faculty personnel files. Concluding that the college had failed to establish any “detrimental effect” stemming from the existing language, Young again concluded that “the college’s argument in this regard was not convincing.”

The college’s declaration of impasse in the 2009-2010 bargaining cycle has adversely affected faculty morale at Broward College, which has seriously deteriorated due to unending contract disputes and the widespread perception that the current BOT has inexplicably and aggressively pursued an anti-faculty agenda.  During that period, which saw former president Larry Calderon resign over conflicts with the BOT, the college, in addition to three declarations of impasse, filed and lost an unfair labor practice (ULP) action against UFF/Broward in 2008, the same year that PERC ruled against the college in a ULP filed by UFF/Broward. Growing faculty apprehension over seemingly capricious and arbitrary BOT actions resulted in a 2008 petition to Governor Charlie Crist, laying out faculty grievances over the attitude and actions of the BOT and asking that the criteria for appointing trustees be reviewed. Faculty morale has also been affected by the perception that President J. David Armstrong has not been an effective advocate for the faculty and staff before the BOT.

BC faculty and the interested public are urged to attend the June 7 meeting in Building 33 on BC’s downtown campus in the 12th floor board meeting room. The meeting is scheduled to begin at 1:30 pm.

UFF-FAU Members: If possible, please attend the special meeting of the Broward College Board of Trustees on Monday (June7) at 1:30 PM.  The meeting will be held at the downtown Ft. Lauderdale campus of BC, on the 12th floor of BC Bldg 33, which is 111 E. Las Olas.  There is a parking garage immediately north of this building, with affordable public rates.  The meeting is in the 12th floor board Room.

The Broward College UFF chapter urgently needs the solidarity of as many colleagues as possible from area colleges and universities. The Broward BOT will be voting on imposing conditions in the new contract.  The press release below explains the details of this assault on the BC faculty.  If you come you will receive a free “Kiss Your Rights Goodbye!” T-shirt courtesy of the Broward UFF chapter.