United Faculty of Florida
Florida International University

April 17, 2008

President Modesto Maidique CERTIFIED/RRR
Florida International University
University Park Campus
Miami, FL 33199

Dear President Maidique

Following the recent Town Hall Meeting, it is clear the University is considering program closures, reorganizations and lay-offs in response to the anticipated budget cuts. As you know, it is essential that all those involved in the process, including FIU administrators, deans and chairs, be fully aware of the role of UFF and the rights of employees who may be affected by layoffs. Most important are the provisions of the BOT-UFF Collective Bargaining Agreement, Article 8, Layoff and Recall.

Advance Notice to UFF of Proposed Layoffs. The CBA makes it clear that before implementing layoffs, the administration must notify UFF and, at UFF’s request, discuss the proposed layoffs. Article 8.1(a) makes clear the extent of this obligation:

In the event the University determines that the number of bargaining unit employees must be reduced as a result of adverse financial circumstances; reallocation of resources; reorganization of degree or curriculum offerings or requirements; reorganization of academic or administrative structures, programs or functions; or curtailment or abolition of one or more programs or functions, the University shall notify the UFF Chapter no less than thirty (30) days prior to taking such action and, if UFF so requests, the University President or his designee(s) shall meet with UFF to discuss the layoff prior to its implementation.

Bargaining Required Prior to Use of Adjuncts to Replace Laid Off Employees. In addition to the right to discuss layoffs prior to their implementation, UFF has the right to bargain over any proposal to use adjuncts or other non-unit faculty in those departments/units where bargaining unit employees have been laid off. Such a proposal must be made to UFF in writing in advance.

Order of Layoffs. After discussion with UFF, should the university decide to implement proposed layoffs, the contract provides for the order in which employees may be laid off. No tenured employees shall be laid off if there are untenured faculty in the layoff unit. No non-tenured employees with more than five years of service shall be laid off if there are employees with five years or less of service. No employee shall be laid off to create a vacancy to be filled by an administrator entering the bargaining unit.

Required Notice to Employees. If an employee with three or more years of service is to be laid off, he or she is entitled to at least one year’s prior notice. If an employee with less than three years of service is to be laid off, he or she is entitled to at least six month’s prior notice.

Alternative University Employment. The University must make a reasonable effort to find alternate employment in the University for laid-off employees and inform those employees of the results of that effort.

Recall and Re-employment Rights. Any employee who has been laid off has recall and re-employment rights that extend for two years after the layoff.

UFF will vigorously enforce these important contract rights during this difficult period. While we fully anticipate that the administration will work diligently to comply with the contract, FIU is facing an unprecedented and difficult period. There are many individuals, both in the university administration and in our bargaining unit, who may be unfamiliar with the layoff provisions of the contract simply because we have not faced a situation like this where they have been so important.

Therefore, we must work together to avoid problems by making sure that all those who will be responsible for implementation of layoffs are fully aware of the rights and protections contained in the Collective Bargaining Agreement and understand their obligations to comply with its provisions.

Sincerely

Leslie Frazier
President