ARTICLE 2 DEFINITIONS
The terms used in this Agreement are defined as follows:
2.1 "AFSCME Staff Representative" means an individual employed by AFSCME to represent
employees pursuant to this Agreement.
2.2 "Days" means calendar days.
2.3 "Employee" means a member of a bargaining unit described in Article 1(Recognition).
2.4 "Position" means a position in a classification included in the bargaining unit described in
Article 1 (Recognition).
2.5 "President" means the President of the University or his/her designee.
2.6 "President of Council 79" includes his/her representatives.
2.7 "Steward/AFSCME Employee Representative" means an employee who has been designated
by AFSCME to represent employees pursuant to this Agreement.
2.8 "USPS" means the University Support Personnel System.
ARTICLE 3 NONDISCRIMINATION
3.1 Neither the Board nor AFSCME shall discriminate against any employee based upon race,
color, sex, religion, national origin, age, veteran status, disability, marital status, sexual
orientation, or any other protected status, nor shall the Board or AFSCME abridge any employee
rights related to AFSCME activity granted under Chapter 447, Florida Statutes.
3.2 The University and AFSCME acknowledge that the University has policies that prohibit
unlawful discrimination, including sexual harassment, and that employees who believe they have
been subjected to conduct that violates this Article have access to remedies and procedures to
provide them with redress. Similarly, the parties acknowledge that there are other statutory
employment claims, such as those under the Florida Whistleblower Act, where non-contractual
remedies are available. Therefore, violations of this Article and other statutory employment
claims shall not be subject to the grievance and arbitration procedure in Article 5.
ARTICLE 4 AFSCME ACTIVITIES
4.1 Policy. The President of Council 79 and designated representatives shall be responsible for
all decisions relating to employee representation activities covered by this Agreement.
4.2 Designation and Selection of Representatives.
A. The President of Council 79 shall annually furnish to the Division of Human Resources,
no later than July 1, a written list of Stewards/AFSCME Employee Representatives, the Local
AFSCME President, and AFSCME Staff representatives. This list shall include the UF ID
number, and class title of each Steward/AFSCME Employee Representative and the Local
AFSCME President and the address and phone number of the AFSCME Staff Representatives.
AFSCME shall notify the Board, in writing, of any changes to the Steward/AFSCME Employee
Representative, Local AFSCME President, and AFSCME Staff Representatives list within
fourteen (14) days of implementation of such changes. The University will not recognize any
person as a Steward/AFSCME Employee Representative, Local AFSCME President, or
AFSCME Staff Representative whose name does not appear on the list.
B. The President of Council 79 shall be authorized to designate six (6) employees to serve
as Stewards/AFSCME Employee Representatives.
4.3 Representative Access.
A. Representatives of AFSCME shall have access to the premises of the university in
accordance with policies regarding public access to State property.
B. Stewards/AFSCME Employee Representatives, Local AFSCME President, and
AFSCME Staff Representatives may request of the Vice President of Human Resources or
designee in writing access to premises not available to the public under university policies. Such
requests shall indicate the premises to be visited, the employees with whom the representative
wishes to speak, the grievance being investigated, and the approximate length of time the
representative will require such access. Permission for such access for the purpose of
investigating an employee's grievance shall not be unreasonably denied and such access and
investigation shall not impede University operations.
C. AFSCME shall have the right to use University facilities for meetings on the same basis
as they are available to other university-related organizations.
D. The University's email shall not be used for AFSCME organizational purposes.
4.4 Printed Agreement. The parties will share the cost of printing one hundred (100) copies of
4.5 Bulletin Boards.
A. Where University-controlled bulletin boards are available, the University agrees to
provide space on such bulletin boards for AFSCME use. Where bulletin boards are not
available, University shall make a reasonable effort to make such space available and accessible
to employees. The parties agree to consult on issues related to the use of bulletin boards, including,
but not limited to, the location of current AFSCME-utilized bulletin boards; potential locations
of additional boards, if needed; security; and other similar issues.
B. The Materials posted on the boards shall be restricted only to official AFSCME matters.
No material shall be posted which is derogatory to any person or organization, or which
constitutes election campaign material for or against any person or organization or faction
thereof, except that election material relating to AFSCME elections may be posted on such
A. Regulations enacted by the University will be maintained on the University's web site.
B. At least 21 days prior to the adoption or amendment of a University personnel regulation which
will change the terms and conditions of employment for employees, the University will provide
notice to AFSCME of its intended action, including a copy of the proposed regulation, a brief
explanation of the purpose and effect of the proposed regulation, and the name of a person at the
University to whom AFSCME may provide comments, concerns, or suggested revisions. (This
notice provision will not apply where a rule is promulgated as an emergency regulation.)
AFSCME may provide written comments, concerns, or suggested revisions to the University contact
person within 10 days of receipt of the notice. The University will consider and respond in writing
to the comments, concerns, and suggestions of AFSCME within 10 days of their receipt by the
University; such response will include the reasons for rejecting any suggested revisions.
AFSCME may also use the consultation process described in Section 4.7 to discuss the proposed
revisions to a University personnel regulation, however, AFSCME must request such consultation
within 10 days of receipt of notice of the proposed regulation revision.
A. Consultation with Division of Human Resources. Meetings between the Division of
Human Resources and the Dean, Director or Department Chair's representatives and up to four
(4) representatives of AFSCME, or such other number as the parties may agree, shall be held,
upon the advance request of either party, to discuss matters pertinent to the implementation or
administration of this Agreement or any other mutually agreeable matters. Actions by the Board
or its representatives affecting any other terms and conditions of employment of employees may
also be raised in consultation. The party requesting consultation shall submit a written list of
agenda items no less than one (1) week in advance of the meeting. The other party shall also
submit a written list of agenda items in advance of the meeting if it wishes to discuss specific
issues. The parties understand and agree that such meetings shall not constitute or be used for the
purpose of collective bargaining. Neither party shall be obligated to meet under this article more
than four (4) times per calendar year unless otherwise mutually agreed upon.
B. Consultation with Vice President of Human Resources. The Vice President of Human
Resources shall meet with local AFSCME representatives to discuss matters pertinent to the
implementation or administration of this Agreement, or any other mutually agreeable matters.
Any such meetings shall be held on a mutually convenient date. The party requesting
consultation shall submit a written list of agenda items no less than one (1) week in advance of
the meeting. The other party shall also submit a written list of agenda items in advance of the
meeting if it wishes to discuss specific issues. The parties understand and agree that such
meetings may be used to resolve problems regarding the implementation and administration of
the Agreement, however, such meetings shall not constitute or be used for the purpose of
collective bargaining. When AFSCME is the party requesting a consultation, AFSCME shall
notify the Vice President of Human Resources of the proposed consultation. Neither party shall
be obligated to meet under this article more than four (4) times per calendar year unless
otherwise mutually agreed upon.
4.8 Leave for Negotiations and Grievance Procedure.
Effective July 1, 2008, and for each fiscal year thereafter, the University shall provide a
bank of three hundred (300) hours to be used by Steward/AFSCME Employee Representatives
for negotiations and consultations under this Article and grievance representation under Article
5. Up to one hundred (100) hours of unused time may be carried over to subsequent years, but in
no event will the total number of hours in the bank exceed four hundred (400). Time off with pay
shall be subject to prior approval by the employee's immediate supervisor; however, approval of
such time off will not be unreasonable denied.
ARTICLE 5 GRIEVANCE PROCEDURE
5.1 General Provisions.
A. The Board and AFSCME encourage informal resolution of employee complaints. To
that end, employees should present such complaints for review and discussion as soon as
possible to the university representative who has authority to address the complaint. Such
review and discussions should be held with a view to reaching an understanding which
will resolve the complaint in a manner satisfactory to the employee, without need for
recourse to the formal grievance procedure prescribed by this Article. If the complaint is
not resolved by such informal discussion, the employee may proceed to file a grievance
consistent with the provisions of this Article and subject to the limitations established by
Section 447.401, Florida Statutes.
B. "Grievance" means a dispute filed with the Grievant's Dean, Director or Department
Chair ("Step 1"), using Appendix C of this Agreement concerning the interpretation or
application of a specific provision of this Agreement, except as exclusions are noted. The
filing or pendency of any grievance under the provisions of this Article shall in no way
impede or delay the right of University to take the action complained of; subject,
however, to the final disposition of the grievance.
C. "Grievant" means an employee or group of employees who has/have filed a grievance
in a dispute over a provision of this Agreement which confers rights upon the employee.
AFSCME may file a grievance in a dispute over a provision of this Agreement which
confers rights upon AFSCME at Step 2.
D. The resolution of a grievance prior to its appeal in writing to Step 3 shall not establish
a precedent binding on the University, or AFSCMVE.
E. All grievances must be filed within ten (10) days following the act or omission giving
rise to the grievance or the date on which the employee knew or reasonably should have
known of the event if that date is later. Only those acts or omissions and sections of the
Agreement identified at Step 1 may be considered at subsequent steps.
F. The University and the Board shall not retaliate against any employee who participates
in the procedures set forth in this Article.
G. If a Step 1 grievance meeting is held during the working hours of the grievant, such
person shall be excused without loss of pay for that purpose. Attendance at grievance
meetings outside of regular working hours shall not be deemed time worked.
H. Each grievance, request for review, and arbitration notice must be submitted in writing
on the appropriate form attached to this Agreement as Appendices C, D, and E,
respectively, and with all required attachments as noted on each Appendix. Appendices C
and E must be signed by the grievant. One Appendix C, D or E may be filed in a
grievance with more than one grievant, provided that the respective Appendix bears the
signatures of all grievants. All grievance forms shall be dated when the grievance is
received. Except for the initial filing of the grievance, if there is difficulty in meeting any
time limit, an AFSCVME representative may sign such forms for the grievant.
I. 2.6 "Days" means calendar days, excluding any day observed as a University holiday.
A. A grievant who decides to use this grievance procedure shall, prior to the Step 1
meeting, choose whether to be represented by AFSCME. Where AFSCME representation
is requested by a grievant, the grievance representative shall be selected by AFSCME
from the list referenced in Section 4.2A. AFSCME may reach agreement with the Vice
President of Human Resources/designee at any step of the grievance process, and such
agreement shall be binding on the grievant.
B. When an AFSCME President or Steward/AFSCME Employee Representative is
selected to represent a grievant, both the grievant and the AFCSME Representative shall
be notified of the Step 1 meeting.
C. If the grievant is not represented by AFSCME, Division of Human Resources shall
timely notify AFSCME such that AFSCME is given reasonable opportunity to be present
at meetings called for the resolution of the grievance. The processing of the grievance
and any resolution will be in accordance with the procedures established in this
D. AFSCME shall not be bound by a grievance decision in a grievance in which the
grievant chose not to be represented by AFSCME.
A. Step 1. An employee having a grievance may, within ten (10) days following the
occurrence of the event giving rise to the grievance, present the written grievance to the
Dean, Director or Department Chair setting forth the complete facts on which the
grievance is based, the specific provision or provisions allegedly violated, and the relief
requested. The Division of Human Resources shall schedule a meeting between the
grievant, the grievant's Steward/AFSCME Employee Representative, grievant's
supervisor, and any other appropriate individual within ten (10) days following receipt of
the grievance if no postponement is requested, or receipt of written notice that the
grievant wishes to proceed with the Step 1 meeting if a postponement was previously
requested. The grievant shall have the right to present any evidence in support of the
grievance at this meeting. If the meeting does not result in resolution of the grievance, the
Dean, Director or Department Chair will proceed with processing the grievance and
issuing a written decision, stating the reasons therefore, to grievant's Steward/AFSCME
Employee Representative within ten (10) days following the receipt of the grievance or
the conclusion of the meeting, unless an extension has been granted. If an extension was
granted, the decision shall be issued by the agreed upon date. A copy of the decision shall
be sent to the grievant and to the Local AFSCME President if grievant elected not to be
represented by AFSCME. In the absence of an agreement to extend the period for issuing
the Step 1 decision, the grievant may proceed to Step 2 if the grievant's
Steward/AFSCME Employee Representative has not received the written decision by the
end of the 10th day following the conclusion of the Step 1 meeting.
B. Step 2.
1. If the grievance is not satisfactorily resolved at Step 1, the grievant may file a written
request for review with the Vice President of Human Resources/designee within ten (10)
days following receipt of the Step 1 decision by grievant's Steward/AFSCME Employee
Representative. When the grievance is eligible for initiation at Step 2, the grievance form
must contain the same information as a grievance filed at Step 1 above. The Vice
President of Human Resources/designee and grievant's AFSCME Staff Representative
shall schedule a meeting for the purpose of reviewing the matter.
2. The Vice President of Human Resources/designee shall issue a written decision, stating
the reasons therefore, to grievant's Steward/AFSCME Staff Representative within ten (10)
days following the receipt of the grievance or the conclusion of the meeting. In the
absence of an agreement to extend the period for issuing the Step 2 decision, AFSCME
may proceed to Step 3 if the Steward/AFSCME Staff Representative has not received the
written decision by the end of the 10th day following the conclusion of the Step 2
meeting. A copy of the decision shall be sent to the grievant and to AFSCME if the
grievant elected not to be represented by AFSCME.
C. Step 3 -- Arbitration.
1. If the grievance is not resolved at Step 2, AFSCME may appeal the decision to
Arbitration on a Request for Arbitration Form within ten (10) days after receipt of the
2. The University and AFSCME may, by written agreement, submit related grievances
for hearing before the same arbitrator.
3. Selection of Arbitrator.
The arbitrator shall be one person from a lis t of seven (7) qualified neutrals from the
Northern Florida Sub-Regional P anel ofth e Federal Mediation Conciliation S service
(FMCS). The party requesting arbitration will be responsible for requesting the list fro m
FMCS. The University and AFSCME shall select arbitrators by alternately striking from
the list until one name remains. The party bringing the grievance shall strike first.
4. Arbitration hearings shall be held at times and locations agreed to by the University
and AFSCME, taking into consideration the availability of evidence, location of
witnesses, existence of appropriate facilities, and other relevant factors.
5. The arbitrator may fashion an appropriate remedy to resolve the grievance and,
provided the decision is in accordance with his/her jurisdiction and authority under this
Agreement, the decision shall be final and binding on the University, AFSCME, the
grievant(s), and the employees. In considering a grievance, the arbitrator shall be
governed by the following provisions and limitations:
a. The arbitrator shall issue his/her decision not later than thirty (30) days from the date
of the closing of the hearing or from the deadline for the submission of briefs, whichever
b. The arbitrator's decision shall be in writing, and shall set forth the arbitrator's opinion
and conclusions on the precise issues) submitted.
c. The arbitrator shall have no authority to determine any other issue, and the arbitrator
shall refrain from issuing any statement of opinion or conclusion not essential to the
determination of the issues submitted.
d. The arbitrator shall limit his/her decision strictly to the application and interpretation of
the specific provisions of this Agreement.
6. The arbitrator shall be without power or authority to make any decisions:
a. Contrary to or inconsistent with, adding to, subtracting from, or modifying, altering, or
ignoring in any way the terms of this Agreement or the provisions of applicable law or
rules or regulations having the force and effect of law; or
b. Limiting or interfering in any way with the powers, duties, and responsibilities of the
State under its Constitution, applicable law, and rules and regulations having the force
and effect of law, except as such powers, duties, and responsibilities have been abridged,
delegated, or modified by the expressed provisions of this Agreement; or
c. Which have the effect of restricting the discretion of the President as otherwise granted
by law or the Rules of the Board of Trustees or the Rules of the Board of Governors or
the University unless such authority is modified by this Agreement; or
d. That are based solely upon a University past practice or policy unless such university
practice or policy is contrary to law, the UF Rules or this Agreement.
7. The arbitrator's award may include a monetary award to the grievant(s); however, the
following limitations shall apply to such monetary awards:
a. The award shall not exceed the amount of pay the employee would have earned at
his/her regular rate of pay and shall not include overtime, on-call, or any other
speculative compensation which might have been earned;
b. The award shall not exceed the actual loss to the grievant, and shall be reduced by
replacement compensation received by the employee during the period of time affected
by the award; and
c. The award shall not be retroactive to a date earlier than the date of the occurrence of
the event giving rise to the grievance under consideration, and in no event more than
thirty (30) days prior to the filing of the grievance.
The fees and expenses of the arbitrator shall be split equally by the parties, and each party
shall be responsible for compensating and paying the expenses of its own representatives,
attorneys, and witnesses. If the arbitrator fashions an award in such a manner that the
grievance is sustained in part and denied in part, the parties will evenly split the
arbitrator's fee and expenses. AFSCME will not be responsible for costs of an arbitration
to which it was not a party. Where a grievant is not represented by AFSCME, such
grievant will be responsible for all fees, expenses, and costs associated with the
arbitration to the same extent that AFSCME would have been responsible, if AFSCME
had been a party to the arbitration.
5.4 Time Limits.
A. Failure to initiate or appeal a grievance within the time limits specified shall be
deemed a waiver of the grievance.
B. Failure, at any Step of this procedure, to communicate the decision on a grievance
within the specified time limit shall permit the grievant's representative to proceed to the
C. Claims of either an untimely filing or untimely appeal shall be made at the Step in
D. The number of days indicated at each Step should be considered as a maximum, and
every effort should be made to expedite the process. However, the time limits specified in
any Step of this procedure may be extended by written agreement.
E. In the event that any action falls due on a Saturday, Sunday, or University holiday, the
action will be considered timely if it is accomplished by 5:00 p.m. on the following
A. Nothing in this Article or elsewhere in this Agreement shall be construed to permit
AFSCME or an employee to process a grievance (1) in behalf of any employee without
ARTICLE 6 JUST CAUSE AND DISCIPLINARY ACTIONS
6.1 Policy. The Board and AFSCME endorse the principle of progressive discipline. The purpose
of this article is to prov ide a prompt and equitable procedure fo r disciplinary action taken with
just cause. Supervisors shall pr ovide priv acy to the extent practical le when ad ministering
reprimands or conducting disciplinary actions. T he University administers discipline as a m eans
to ensure that em ployees adhere to established stand rds of conduct and perform ance. This is
done through corrective action, described in this Article as "discipline." In those instances where
misconduct in the first instance is n ot extreme or serious, the University is committed to the use
of progressive discipline. Sound progressive discipline is recognized as being appropriate for the
offense and instructiv e as to the consequences of addition nal or sim ilar future misconduct.
Progressive discipline does not m ean that a 11 first offenses m ust be address sed with written
counseling, and that all second offenses m ust be addressed with a reprim and, an d so on. It
means that all disciplinary tools and penalties are available to address misconduct not punishable
by dismissal in the first instance, and the type of discipline will depend on the severity of the
offense, the employee's work record and history, and other relevant factors.
6.2 Just Cause. Disciplinary actions administered to permanent status employees may be taken
only for just cause.
A. Suspensions, demotions with reduction in pay, and dismissals administered to permanent
status employees are subject to Article 5, Grievance Procedure.
B. Oral reprimands shall not be grievable under the provisions of this Agreement. Records
of oral reprimands shall not be used as the basis for progressive discipline in later disciplinary
actions against an employee if the employee has maintained a discipline-free work record for at
least one (1) year.
C. Written reprimands shall be subject to the grievance procedure in Article 5 but only
through Step 2. Written reprimands shall not be used as the basis for progressive discipline in
later disciplinary actions against an employee if the employee has maintained a discipline-free
work record for at least two (2) consecutive years.
D. Not withstanding the limitations expressed on the use of oral and written reprimands in
the progressive disciplinary process, they may be considered as part of the employees overall
work history when severe discipline (i.e., suspension, demotion with reduction in pay, and
dismissal) is considered. Further, when the University is considering whether to dismiss an
employee for cause, the University shall have the ability to review and consider the individual's
entire employment history.
E. Neither the University's policies and procedures, nor disciplinary guidelines, are
grievable except to the extent that they are allegedly applied arbitrarily and capriciously.
6.4 AFSCME Representation.
A. The employee has a right, upon request, to AFSCME representation during investigatory
questioning that may reasonably be expected to result in disciplinary action.
B. When an AFSCME representative is selected to assist an employee, the representative
may be allowed a reasonable amount of time off for this purpose, subject to the limitations
provided in Articles 4 and 5.
6.5 Disciplinary Entries in Personnel Files. An employee shall be furnished with a copy of
disciplinary entries placed in their official personnel file and shall be permitted to respond, and a
copy of the response shall be placed in that file.
ARTICLE 7 LAYOFFS AND RECALL
A. Employees shall be laid off and recalled in accordance with the procedure in UF Regulation
6C1-1.017, except as follows:
1) The Union shall receive copies of written notice of layoff rights provided to
employee at least 45 days in advance of layoff. Whenever possible, the University
will provide informal notice to the Union and affected employees in advance of
the 45 days.
2) When the Vice President of Human Resources or designee requests, in writing,
that an employee remain in their present position when they have secured another
position, that position shall be held open for the employee for the period specified
in the request.
3) When a USPS employee is laid off and recalled pursuant to UF Regulation 6C1-1.017
that employee shall retain USPS status.
ARTICLE 8 CHANGE IN ASSIGNMENT
A. An employee with permanent status in the current class who meets all University
eligibility requirements may apply for a change in assignment to a different position in the same
class or in a different class having the same pay range maximum, different work unit, or different
shift at the University according to University procedures. Prior to filling a vacancy, except by
demotion or internal promotion, the University shall consider all applicable change in
assignment requests. When making a decision regarding the granting of a request for a change in
assignment, the University shall consider appropriate factors, including, but not limited to, the
applicant's length of continuous University service, performance evaluations, work-related
awards and achievements, relevant work experience, and education/training.
B. All employees who were interviewed shall be notified of the University decision.
C. Employees who are reassigned under the provisions of this Article shall not ordinarily
suffer a loss of pay as a result of such reassignment.
D. Nothing contained in this Agreement shall be construed to prevent the University, at its
discretion, from effecting the change in assignment of any employee according to the needs of
the University and in each case, the University will take into consideration the needs and
circumstances of the employee prior to taking such action.
8.2 Notice. An employee shall be given a minimum of seven (7) days notice prior to the
University reassigning the employee, and fourteen (14) days notice prior to the University
transferring the employee. In the case of a transfer, the University will make a good faith effort
to give a minimum of twenty-one (21) days notice. The parties agree, however, that these notice
requirements shall not be required during an emergency or in other extraordinary conditions.
ARTICLE 9 METHOD OF FILLING VACANCIES
A. The University shall fill a vacant position with the applicant who, in its judgment, is
most qualified to perform the duties as described in the class specification, position description,
and in other documents describing the vacant position. The University shall also consider
appropriate factors, including, but not limited to the applicant's length of USPS service,
performance evaluations, work related awards and achievements, other relevant work
experience, and education/training.
B. The filling of vacant positions should be used to provide career mobility within the
USPS and should be based on the relative merit and fitness of the applicants.
C. USPS applicants shall be given the opportunity of retaining their present USPS status
upon being selected to fill a vacancy or promotion.
ARTICLE 10 CLASSIFICATION REVIEW
10.1 Classification Changes. When the Board determines that a revision of a class specification
for positions covered by this agreement is needed, and such revision affects the collective
bargaining unit designation, it shall notify AFSCME in writing of the proposed change.
AFSCME shall notify the Board, in writing, within fifteen (15) days of receipt of the proposed
changes, of any comments it has concerning the proposed changes or of its desire to discuss the
10.2 Position Description. Each employee shall be given an opportunity to review his/her
position description, and the employee's signature shall acknowledge that such a review has been
made by the incumbent and that the employee has received a copy of the current position
10.3 Work in a Higher Classification. An employee who is designated by the appropriate
supervisor to perform temporarily a major portion of duties of a position in a higher
classification than the employee's current classification shall be eligible for a pay increase for the
period of time such duties are assigned, provided that such duties are performed for a period of
more than twenty-two (22) workdays within any six (6) consecutive months.
10.4 Review of Assigned Duties. When an employee alleges that regularly assigned duties
constituting a significant portion of the employee's work time are duties not included in the
employee's position description or the class specification to which the position is assigned, the
employee may request a review. If the review results in a reclassification, any pay adjustment
shall be effective on the date of that decision.
ARTICLE 11 PERSONNEL RECORDS
11.1 Use of Personnel Files.
A. There shall be only one official personnel file for each employee, which shall be
maintained in the central personnel office of the University unless a different location is
approved by the President. Duplicate personnel files may be established and maintained within
the University. Such duplicate personnel files may contain part or all of the items filed in the
official personnel file.
B. An employee has the right to review his/her official personnel file at reasonable times
under the supervision of the designated records custodian and may attach a concise statement in
response to any items therein. Employees must be notified of derogatory material placed in their
personnel file and shall have the right to request a copy.
11.2 Contents of Personnel Files.
A. Information in an employee's official personnel file shall refer only to matters
concerning or affecting the employee's job or related to his/her employment.
B. Where the President, the courts, an arbitrator, or other statutory authority determines that
a document in an employee's personnel file invalid, such document will be removed and placed
in a separate computer file marked "invalid."
C. Records of disciplinary action and University commendations and awards presented to
an employee shall, where practicable, be placed in an employee's personnel file within sixty (60)
days after the effective date of the action.
ARTICLE 12 HEALTH AND SAFETY
12.1 Policy. The University shall make every reasonable effort to provide employees a safe and
healthy working environment. The University and AFSCME agree to work cooperatively toward
reducing job-related injuries and Workers' Compensation costs by encouraging improved safety
12.2 Safety Committee. The AFSCME local union president will appoint one employee to serve
on a university-wide safety committee.
12.3 Employee Health and Safety.
A. When the University requires an employee to use or wear health or safety equipment,
such equipment will be provided by the University.
B. Employees shall perform their duties in a safe manner and shall comply with the
University's safety guidelines/procedures. Any employee becoming aware of a work-related
accident shall immediately notify the supervisor or the supervisor's designee of the area where
the incident occurred.
C. When an employee believes an unsafe or unhealthy working condition exists in the work
area, the employee shall immediately report the condition to the employee's supervisor. An
employee may also report the condition to the University administrator at the next highest level
or the University's safety officer. The University shall investigate the report and respond to the
employee in a timely manner. Where the employee's report was in writing, the response shall be
in writing. An employee acting in good faith may refuse to accept an assignment when the
employee has reasonable grounds to believe an unsafe or unhealthy working condition exists in
the work area which poses an immediate threat to the employee's physical well-being.
ARTICLE 13 PERFORMANCE EVALUATIONS
A. An employee shall ordinarily be evaluated by his/her immediate supervisor who shall be
held accountable for such evaluation. The immediate supervisor shall be the person regularly
assigned to direct the work of the employee, or, if unavailable, a person appointed by the chief
administrative officer, who is familiar with the responsibilities of the employee of that
department. The evaluator is primarily responsible for the timely and accurate evaluation of the
B. The employee shall be provided with information regarding the basis of the evaluation
and shall, upon written request, be provided a copy of any documents which were considered in
completing the evaluation.
C. A copy of the evaluation shall be given to the employee. The evaluation shall be
discussed with the employee, who shall be given the opportunity to respond orally and/or in
writing. The evaluation may be reviewed but shall not be changed by a higher level
D. The University will offer to bargaining unit employees, the Local Union President or
his designee, and supervisors training in performance evaluation techniques.
13.2 Failure to Meet Performance Standards.
A. Where an employee who has attained non-probationary status in the class does not meet
performance standards, the University shall develop a performance plan intended to correct
B. Such employee shall be granted, upon written request, an opportunity to discuss with an
administrator at the next higher level concerns regarding the evaluation which rates the employee
as not meeting performance standards.
C. The employee may be removed from his/her class no sooner than sixty (60) days after
receipt of the improvement plan if adequate improvement in performance is not made.
13.3 Grievability. Performance evaluations shall be subject to Article 5, Grievance Procedure, to
the extent provided in this Section.
A. An employee with non-probationary status in the class who receives a performance
evaluation of not meeting performance standards may grieve the evaluation but only through
Step 2. The review of the grievance shall be solely to determine whether the performance
evaluation was done in an arbitrary or capricious manner. Grievance reviewers shall not
substitute their judgments regarding an employee's performance for that of the evaluator.
B. An employee with non-probationary status in the class who is demoted or dismissed for
an evaluation of not meeting performance standards may grieve the demotion or dismissal
pursuant to the provisions of Section 6.3A.
ARTICLE 14 HOURS OF WORK
A. The normal workweek for each full-time employee shall be forty (40) hours.
B. The University retains the right to schedule its employees; however, the University will
make a good faith effort, whenever practical, to provide employees with consecutive hours in the
workday and consecutive days in the workweek.
A. The University is responsible for arranging the work schedule to minimize overtime.
The assignment of overtime shall not be made on the basis of favoritism.
B. Non-exempt employees who work beyond a forty (40) hour workweek shall be paid or
compensatory time provided at the rate of time and one-half the employee's regular rate of pay.
C. Upon agreement of the employee and the University, non-exempt employees shall
receive either compensatory leave or cash payment for overtime. If agreement cannot be reached,
the University shall make cash payment for overtime worked.
14.3 Work Schedules.
A. Where rotations are being made in the employee's regular work schedule, the new shift,
workdays, and hours, will be posted no less than ten (10) days in advance, and will reflect at
least a two (2) workweek schedule; however, the University will make a good faith effort to
reflect a one (1) month schedule. With prior written notification of at least three (3) workdays to
the employee's immediate supervisor, employees may mutually agree to exchange days or shifts
on a temporary basis. If the immediate supervisor objects to the exchange of workdays or shifts,
the employee initiating the notification shall be advised that the exchange is not approved.
B. Where regularly assigned work schedules are rotated, the University will make a good
faith effort to equalize scheduled weekend work among employees in the same functional unit
whenever this can be accomplished without interfering with efficient operations. When an
employee rotates to a different shift, the employee shall receive a minimum of two (2) shifts off
between the end of the current shift assignment and the beginning of the new shift assignment.
C. When an employee is not assigned to a rotating shift and the employee's regular shift
assignment is being changed, the employee shall be given a minimum often (10) working days
notice, in writing, of the proposed change. Additionally, when the change occurs, the employee
shall receive a minimum of two (2) shifts off between the end of the current shift assignment and
the beginning of the new shift assignment.
14.4 Rest Periods.
A. No supervisor shall unreasonably deny an employee a fifteen (15) minute rest period
during each four (4) hour work shift. Whenever possible, such rest periods shall be scheduled at
the middle of the work shift. However, it is recognized that many positions have a work location
assignment that requires coverage for a full eight-hour shift, which would not permit the
employee to actually leave his/her work location. In those cases, it is recognized that the
employee can "rest" while the employee remains at his/her work location.
B. An employee may not accumulate unused rest periods, nor shall rest periods be
authorized for covering an employee's late arrival or early departure from work.
ARTICLE 15 ON-CALL AND CALL-BACK
15.1 On-Call Assignment.
A "On-call" assignment shall be defined as any time when an employee is instructed in
writing by management to remain available to work during an off-duty period. An employee who
is so instructed shall be required to leave word where the employee may be reached by telephone
or by other electronic signal device in order to be available to return to a work location on short
notice to perform assigned duties.
B. In an emergency or other unforeseen circumstances, the University may verbally instruct
an employee to be on-call for a periods of not more than twenty-four (24) consecutive hours. The
employee shall not be eligible for on-call payments in excess of the period for which verbal
instructions are appropriate.
15.2 On-Call Payment.
A. On-call time is not compensable for purposes of computing overtime; however, travel
time to and from work when called back is compensable time.
B. When approved as provided herein, an employee who is required to be on-call shall be
compensated by payment of a fee in an amount of two dollars ($2.00) per hour for each hour
such employee is required to be on-call.
C. An employee who is required to be on-call on a Saturday, Sunday, or State holiday will
be compensated by payment of a fee in an amount equal to one-third (1/3) of the UF hourly
minimum for the employee's class for each hour such employee is required to be available.
D. If an on-call period is less than one (1) hour, the employee shall be paid for one hour.
15.3 Call-Back. If an employee is called back to perform work beyond the employee's scheduled
hours of work for that day, the employee shall be credited with the greater of the actual time
worked, including time to and from the employee's home to the assigned work location, or two
ARTICLE 16 LEAVES OF ABSENCE/HOLIDAYS
16.1 Leaves. Employees may be granted leaves of absence as provided in University of Florida
16.2 Leave to Supplement Workers' Compensation Benefits. An employee is eligible to use paid
leave to supplement Workers' Compensation benefits in accordance with in University of Florida
ARTICLE 17 LEARNING OPPORTUNITIES
17.1 Policy. The University and AFSCME recognize the importance of employee career
development in order to provide for employee training which will improve productivity.
17.2 Tuition Free Course Program. Employees may seek to take courses under the tuition free
course program referenced in University of Florida Regulation 6C 1-1.012.
17.4 GED Programs. Where GED programs exist, the universities shall make reasonable efforts
to provide employees with flexible work schedules to accommodate participation in such
17.5 Grievability. The University and AFSCME understand that nothing in this Article precludes
or in any way limits or restricts the University's right to develop, implement, or otherwise
manage training or apprenticeship of its employees. Therefore, any claim by an employee or
AFSCME concerning this Article shall not be subject to the Grievance Procedure of this
ARTICLE 18 CONTRACTING OUT
18.1 Prior to issuing a request for proposal for contracting-out work which will result in the
layoff of employees, the university will notify the local AFSCME president. The local AFSCME
president may then discuss the impact of the proposed contracting-out on affected employees by
scheduling a consultation with the Vice President of Human Resources and the appropriate Dean,
Director or Department Chair within ten (10) days of receiving the notice.
18.2 The University shall include in the request for proposals for contracting-out such work, in
addition to any other requirements to be considered, provisions which:
A. require the proposers to offer to employ affected employees) having permanent status.
B. require the proposers to provide information regarding the coverage and cost of any
health-care insurance which will be provided to any affected employee employed by the
18.3 The affected employees, in consultation with the local AFSCME president, may submit a
proposal in response to the University's request for proposals. Such proposal shall be submitted
in the form and manner as required for all proposers.
18.4 The University shall make reasonable efforts to place affected employees in other
University positions prior to layoff. The University shall provide out placement and counseling
services to affected employees.
ARTICLE 19 AFSCME DEDUCTIONS
19.1 Deductions and Remittance.
A. During the term of this Agreement, the University will deduct AFSCME membership
dues in an amount established by AFSCME and certified in writing by the President of Council
79 to the University, and make other deductions from employee's pay for those employees who
individually make such request on the deduction authorization form provided by AFSCME
included as Appendix B. Employee transfers or promotions within these bargaining units shall
not require the submission of new forms.
B. The dues and other authorized deductions shall be made on the employee's regular
payroll basis and shall begin with the first full pay period following receipt of the authorization
form. The dues and other authorized deductions shall be remitted by the University to the
AFSCME State Office within thirty (30) days after the deductions are made, or as soon thereafter
as possible. Accompanying each remittance shall be a list of the employees from whose salaries
such deductions were made and the amounts deducted. When an employee returns from an
approved unpaid leave status, dues deductions shall continue if that employee had previously
submitted a deductions authorization form.
C. AFSCME shall notify the University in writing of any changes in its dues at least thirty
(30) days prior to the effective date of such change.
19.2 Insufficient Pay for Deduction. In the event an employee's salary earnings within any pay
period are not sufficient to cover dues and other authorized deductions, it will be the
responsibility of AFSCME to collect its dues and other authorized deductions for that pay period
directly from the employee.
19.3 Termination of Deduction. The University's responsibility for deducting dues and other
authorized deductions shall terminate automatically upon either: (1) thirty (30) days written
notice from the employee to the University human resources/personnel office revoking that
employee's prior deduction authorization, (2) the termination of employment, or (3) the transfer,
promotion, or demotion of the employee out of the bargaining unit.
19.4 Indemnification. AFSCME shall indemnify, defend, and hold the Board of Governors, the
University, the State of Florida, and their officers, officials, agents, and employees harmless
against any claim, demand, suit, or liability (monetary or otherwise) and for all legal costs arising
from any action taken or not taken by the University, the State, or their officers, officials, agents,
and employees in complying with this Article. AFSCME shall promptly refund to the University
any funds received in accordance with this Article which are in excess of the amount of
deductions which the University has agreed to deduct, provided that such unauthorized dues
deductions are reported to AFSCME Council 79 by the University within one hundred and
twenty (120) days of the occurrence.
19.5 Exceptions. The Board will not deduct any AFSCME fines, penalties, or special
assessments from the pay of any employee.
20.1 For Fiscal Year 2008-2009, effective September 19, 2008, each eligible bargaining
unit employee shall receive a 2 percent base increase applied on their September 18,
2008 salary. To be eligible for the 2 percent base increase bargaining unit
employees must have a hire date of June 30, 2008, or earlier. Bargaining unit
employees must also have a current performance rating of minimally achieves or
better to be eligible for the 2 percent increase. In the absence of a current
performance evaluation, bargaining unit employees will be considered to be at the
satisfactory or achieves performance level.
20.2 Although merit increases are not currently funded during the 2008 2009 fiscal
year, the Parties agree that merit is an important component of an effective pay plan
and that merit-based increases will be considered when and if funds become
20.3 Part-time employees who were hired on or before the eligibility dates in the above
paragraphs and meet performance criteria are eligible for the 2 percent increase on a
ARTICLE 21 BENEFITS
21.1 Current Employees.
A. State Employee Health Insurance Program. The University and AFSCME support
legislation to provide adequate and affordable health care insurance to all employees.
B. Employee Assistance Programs. The following guidelines are applicable to the
universities' Employee Assistance Programs (EAP).
1. When an employee's EAP participation is designed in conjunction with the employer
to improve job performance, then some limited time for participation, as described in university
policy, shall be counted as time worked.
2. In requesting and being granted leave to participate in a university EAP, an employee,
for the purpose of maintaining confidentiality, need reveal to their supervisor only the fact of
such EAP participation.
3. Neither the fact of an employee's participation in an EAP, nor information generated
by participation in the program, shall be used as a reason for discipline under Article 6, or as
evidence of a performance deficiency within the evaluation process referenced in Article 13,
except for information relating to an employee's failure to participate in the EAP consistent with
the terms to which the employee and the university have agreed.
ARTICLE 22 NO STRIKE
22.1 No Strike.
A. During the term of this Agreement, neither AFSCME nor its officers or agents or any
employee, for any reason, will authorize, institute, aid, condone, or engage in a slowdown, work
stoppage, or strike; interfere with the work and statutory functions or obligations of the State; or
engage in any other activities which are prohibited in Section 447.203(6), Florida Statutes.
B. AFSCME agrees to notify all of its local offices and representatives of their obligation
and responsibility under this Article and for maintaining compliance with the constitutional and
statutory prohibition against strikes. AFSCME further agrees to notify employees of these
responsibilities, including their responsibility to remain at work during any interruption which
may be caused or initiated by others.
A. The University may discharge or discipline any employee who violates the provisions of
this Article and AFSCME shall not use the Grievance Procedure on such employee's behalf;
however, if the issue is whether the employee engaged in activities prohibited by this Article,
AFSCME may elect to represent the employee in such grievance through the Grievance
B. Nothing contained herein shall preclude the Board from obtaining judicial restraint and
damages in the event of a violation of this Article.
ARTICLE 23 PREVAILING RIGHTS
All pay and benefits provisions published in the University of Florida Employment Regulations which
are not specifically provided for or modified by this Agreement or by the Legislature shall be in
effect during the term of this Agreement unless modified pursuant to Chapter 447. Any claim by
an employee concerning the application of such provisions shall not be subject to the Grievance
Procedure of this Agreement, but shall be subject to the method of review prescribed by the
University of Florida Employment Regulations.
ARTICLE 24 MANAGEMENT RIGHTS
AFSCME agrees that the Board has and will continue to retain, whether exercised or not, the
right to determine unilaterally its purpose, set standards of services to be offered to the public,
and exercise control and discretion over its organization and operations. It is the right of the
University to direct its employees, take disciplinary action for proper cause, and relieve its
employees from duty because of lack of work or for other legitimate reasons, except as abridged
or modified by the express provisions of this Agreement provided, however, that the exercise of
such rights shall not preclude an employee from raising a grievance on any such decision which
violates the terms and conditions of this Agreement.
ARTICLE 25 TOTALITY OF AGREEMENT
25.1 Limitation. The University and AFSCME acknowledge that, during the negotiations which
resulted in this Agreement, each had the unlimited right and opportunity to present demands and
proposals with respect to any and all matters lawfully subject to collective bargaining, and that
all of the understandings and agreements arrived at by the Board and AFSCME thereby are set
forth in this Agreement, and that it shall constitute the entire and sole Agreement between the
parties for its duration.
25.2 Obligation to Bargain. The University and AFSCME agree that they shall be obligated to
bargain collectively with respect to any subject or matter not covered by this Agreement.
25.3 Modifications. Nothing herein shall preclude the parties from mutually agreeing to alter,
amend, supplement, delete, enlarge, or modify any of the provisions of this Agreement in
ARTICLE 26 SAVINGS CLAUSE
26.1 If any provision of this Agreement is in conflict with State or federal laws or regulations by
reason of any court action or existing or subsequently enacted legislation, or if the appropriate
governmental body, other than the University, having amendatory power to change a law, rule,
or regulation which is in conflict with a provision of this Agreement fails to enact or adopt an
enabling amendment to make the provision effective in accordance with Section 447.309(3),
Florida Statutes, then such provision shall not be applicable, performed, or enforced, but the
remaining parts or portions of this Agreement shall remain in full force and effect for the term of
26.2 If any provision of this Agreement is found to have the effect of causing the University to
be denied funds otherwise available, such provision shall not be applicable, performed, or
ARTICLE 27 DURATION
A. This Agreement shall be effective on the date of ratification by both parties and shall
remain in full force and effect through the thirtieth day of June, 2008.
B. Renegotiations for the 2006-07 year shall begin no later than April 1, 2006, and shall
include the following articles:
1. Wages (Article 20);
2. Benefits (Article 21) and
3. Up to two (2) additional articles chosen by each party.
C. Renegotiations for the 2010-11 year shall begin no later than April 1, 2010 and shall
include the following articles:
1. Wages (Article 20);
2. Benefits (Article 21) and
3. Up to two (2) additional articles chosen by each party.
D. Negotiations for a successor Agreement shall begin no later than April 1, 2011. In the
event that the Board and AFSCVME fail to secure a successor Agreement prior to the expiration
date of this Agreement, the parties may agree in writing to extend this Agreement for any period
27.2. Emergencies. If the Governor determines that civil emergency conditions exist, including,
but not limited to, riots, civil disorders, hurricane conditions, or similar catastrophes, the
provisions of this Agreement may be suspended by the University President during the time of
the declared emergency, provided that wages and benefits shall not be suspended. It is
understood that a declared emergency may be limited to specific geographic areas, in which case
suspension of the terms of this Agreement as provided above would apply only to those
employees permanently or temporarily assigned to such areas.
IN WITNESS THEREOF, the parties did set their signatures on the __ day of
UNIVERSITY OF FLORIDA:
FOR THE FLORIDA PUBLIC EMPLOYEES COUNCIL 79, AFSCME:
[APPENDICES REMAIN TO BE INCLUDED]
LIST OF AFSCME REPRESENTED CLASSES
The parties have agreed that the following classifications are included within the
bargaining units indicated, and that this list may be amended by agreement of the parties
or by order of the Florida Public Employees Relations Commission:
Certification No: 1484
2060 Comp Repair Tch
2064 Sr. Comp Rp Tch
2754 Museum Prep
3723 Aud-Vis Eqp Opr
3725 Sr Av Eq Opr
3781 Brd Spc
3790 Brd Pro/Pgm Ast
4282 Teach Lab Spc
4600 Brd Eng Tch
4605 Engineering Ast
4609 Engineering Tch
5017 Lab Technician
5027 Sr Lab Tch
6203 Sup Svc Aide
6213 Food Svc Wkr
6226 Laundry Svc Spc
6310 Printing Eq Opr
6312 Prin Pro Svr
6336 Trt Plt Opr
6339 Sr Trt Plt Opr
6366 Motor Veh Opr
6367 Sr Mtr Veh Opr
6368 Heavy Equip Opr
6369 SrHvy Eq Opr
6371 Fire Equip Mch
6374 Mnt Sup Wkr
6395 Sr Groudkpr
6423 Locksm ith
6438 Cabinet Maker
6441 Plum ber
6445 Sr Electrician
6450 Steam fitter
6451 Refrig Mch
6466 Mnt Mch
6467 Mnt Spc
6468 Instrum Mrk-Des
6474 Sgn Mrk/Uph
6483 Bldg Proj Spc
6484 Bldg Cast Insp
6486 Fac Constr Spec
6514 Sci Glassblower
6520 Lab Mach Spc
6526 Cst Worker
6527 Sr Cst Wkr
6540 Auto Eq Mch
7233 Electronic Tch
7234 Sr Elect Tch
7404 Ast Lab An Tchn
7406 Lab Anm Techn
7407 Sr Lab Anm Tchn
7417 Vet Care Tch
7520 Agric Ast
7521 Sr Agric Ast
8200 Security Guard
8401 Camp Prk Pat
8402 Sr Camp Prk Pat
8700 Rad Ctl Tch
8826 Bldg Saflnsp
DUES CHECKOFF AUTHORIZATION
I authorize UF to deduct from my pay, starting with the first full pay period commencing not earlier than seven days from the date this authorization is received by the university (or by the Board for
Board office employees), membership dues and assess ments and the American Federation of State, County and Municipal Employees as established from time to time by AFSCME in accordance with
its constitution, and as certified to the Board by AFSCME. Furthermore, I understand that such dues and assessments will be paid to AFSCME.
This authorization shall continue until either (1) revoked by me at any time upon thirty days written notice to the UF Human Resources office, and to AFSCME; (2) my transfer or promotion out of an
AFSCME represented bargaining unit; (3) termination of employment; or (4) revoked pursuant to Section 447.507, F.S..
Dues Deduction Authorization Cards and Forms "Dues, contributions or gifts to AFSC ME are not deductible as charitable contributions for federal income tax purposes. Dues paid to AFSCME,
however, may qualify as business expenses and may be deductible in limited circumstances subject to various restrictions imposed by the Internal Revenue Service."
By signing this form, I authorize UF to release my Social Security number to AFSCME in reporting dues deductions.
tment or Work Location Job
Social Security #
City State Zip
Ded Code County Class Local
For Union Use Only
OFFICIAL GRIEVANCE FORM
NAME OF EMPLOYEE
STATEMENT OF GRIEVANCE:
List applicable violation:
1 authorize the A.F.S.C.M.E. Local as my representative to act for me in the disposi-
tion of this grievance
Signature of Employee
Signature of Union Representative
Date Presented to Management Representative
THIS STATEMENT OF GRIEVANCE IS TO BE MADE OUT IN TRIPLICATE. ALL THREE ARE TO BE
SIGNED BY THE EMPLOYEE AND/OR THE AFSCME REPRESENTATIVE HANDLING THE CASE.
COPY: LOCAL UNION GRIEVANCE FILE
NOTE: ONE COPY OF THIS GRIEVANCE AND ITS DISPOSITION TO BE KEPT IN GRIEVANCE
FILE OF LOCAL UNION.
THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES
*iu t eSwpuhlsesvavia
* -gO t
UNIVERSITY OF FLORIDA
REQUEST FOR REVIEW OF STEP 1 DECISION
All university communications should go to the grievant's AFSCME Staff Representative
at the above address.
DATE OF STEP 1 DECISION:
DATE STEP 1 DECISION WAS RECEIVED BY GRIEVANT'S STEWARD/AFSCME
Provisions of Agreement allegedly violated as specified at Step 1:
I hereby request that the University of Florida or representative review the decision made
in connection with the attached grievance for the following reasonss:
APPENDIX D (Continued)
Signature of Grievant(s) or AFSCME Representative and Date
I am represented in this grievance by (check one representative should sign on
This request should be sent to:
HUMAN RESOURCE SERVICES
903 West University Ave
PO Box 115000
Gainesville, FL 32611
The Step 2 decision shall be transmitted to grievant's AFSCME Staff Representative by
personal delivery with written documentation of receipt or by certified mail, return
receipt requested. Copies of this decision shall be sent to grievant and to the President of
Council 79 if grievant elected not to be represented by AFSCME.
NOTICE OF ARBITRATION
The American Federation of State, County, and Municipal Employees (AFSCME) hereby
gives notice of intent to proceed to arbitration in connection with the decision of the
University of Florida dated
The following statement of issues) before the Arbitrator is proposed:
Signature of AFSCME Representative or Grievant(s) and Date
Appendix E (Continued)
I hereby authorize AFSCME to proceed to arbitration with my grievance. I also authorize
AFSCME and the University of Florida or its representatives to use, during the arbitration
proceedings, copies of any materials pertinent to this grievance and to furnish copies of
the same to the arbitrator.
Signature of Grievant(s) (if represented by AFSCME) Date
NOTE: A REQUEST OF ARBITRATION WILL NOT BE PROCESSED UNLESS IT
IS SIGNED BY THE GRIEVANT.
This notice should be sent to:
HUMAN RESOURCE SERVICES
903 West University Ave
PO Box 115000
Gainesville, FL 32611