Stronger Together

Collective Bargaining


Academic Advisor Reclassification

1/17/2019 Update: UFF-FGCU Advisors Legal action update II from Pres. Everham

1/7/2019: The PERC hearing regarding the Unfair Labor Practice has been scheduled for February 27. 2019, at 9:00 a.m., at the Florida Gulf Coast University. Edwards Hall #309, 10501 FGCU Boulevard South, Ft. Myers. Florida. 

12/7/2018 Update: FGCU Response to Unfair Labor Practice Claim

Charge Against Employer FGCU

Item 24 from ULP: 

FGCU violated Sections 447.501(1) (a) and (c), Florida Statutes (2018) by
announcing to bargaining unit advisors that they were no longer in the certified unit and that they
would be receiving salary increases without prior notice to or negotiations with the UFF; by
dealing directly with advisors still included in the certified bargaining unit regarding changes in
their wages and other terms and conditions of employment; by treating advisor positions
specifically included in the certified unit as excluded from that unit in the absence of a sufficient
basis for and a determination by the Commission excluding them; and by conditioning
ratification of a tentative CBA on UFF's agreement to exclude advisors from the certified unit in
the absence of a determination by the Commission excluding them or a proposal in negotiations to do so.

11/27/2018 Update: UFF-FGCU Advisors Legal action update I from Pres. Everham

11/20/2018 Update: Sufficiency Shown for Unfair Labor Practice

9/13/2018 Update: From the UFF-FGCU Executive Committee

Dear UFF-FGCU members:

We are pleased to report that on September 11th the FGCU Board of Trustees approved our new contract, a.k.a the Collective Bargaining Agreement. The new terms and conditions of our employment include across-the-board raises, the correction of several compensation inequities for our instructors, increased merit-based promotion raises and much, much more.

The negotiation and ratification of this contract has been occurring independently from a separate issue: the proposed reclassification of our Academic Advisors from faculty status to staff. Management has determined that advisors are no longer faculty, thus no longer afforded the benefits of union representation. UFF-FGCU is appealing that perception to Florida’s Public Employees Relations Commission (PERC).

UFF identifies the advisors as in-unit and management considers them out; this can usually be creatively navigated in matters of shared governance such that the two realities can exist together without too much disruption to this university’s operation. However, that is not always the case, and the UFF Executive Committee would like to inform you of a recent event in which both positions could not be simultaneously “true,” and a hard decision had to be made.

The Collective Bargaining Agreement that we put forward for your vote here included academic advisors as in-unit employees, since that is exactly what we consider them to be until PERC says otherwise. We began member ratification on August 31st.

Management believed that if that document were put in front of the Board of Trustees, the board’s ratification of the document could be in jeopardy as it conflicts with the BOT’s already-approved Student Success and Enrollment Management plan, which stipulates advisors to be out-of-unit.

As the faculty was voting on the CBA that had been agreed upon by both bargaining teams, management altered the document to remove references to Academic Advisors from various articles and appendices. It was that “advisor-less” CBA that management which management posted to the Provost’s Collective Bargaining website on September 4th, and it was that version that the Board of Trustees was provided. That document is located here.  It is identical to the faculty-ratified CBA minus the mentions of advisors.

UFF-FGCU’s leadership became aware of these changes to the contract as our ratification vote was nearly completed.

Therefore, we were forced into a choice:

-Permit the altered CBA to be presented and approved the Board of Trustees, even though it was different than the version presented to the faculty for ratification vote


-Demand that the Trustees vote on the faculty-ratified CBA that includes advisors, which would have involved pulling it from the Trustee’s agenda for September 11th and delaying the bargained benefits for our members until after January, including all raises and promotion increases.

On Monday, September 10th, on the advice of our state UFF officers and our union attorney, the UFF-FGCU Executive Committee decided to permit the altered, “advisor-less” contract to go before the BOT for approval.

This was not an easy decision, but we deemed it necessary as the least destructive of two bad options. Had we forced the issue and demanded the BOT approve a contract that included academic advisors, BOT ratification would have been delayed for months and, once it was presented, likely voted down. None of our new benefits that we worked for nearly 20 months to bargain would happen. We felt as though the faculty’s faith in Dr. Martin’s administration, not to mention trust in the union leadership and bargaining process, would be shattered beyond repair in service of what is, objectively, a classification issue that still needs ironing out by a third party.

The administration has assured us it will abide by whatever PERC eventually rules regarding advisors’ classifications. In short: advisors’ statuses are unchanged, we’re continuing our efforts on their behalf with no interruption, and the faculty is getting its bargained benefits.

This also means that UFF-FGCU permitted a version of the contract that had not been explicitly approved by faculty ratification vote to pass to the BOT.

It is our hope that PERC rules in our favor and academic advisors will be affirmed by FGCU as in-unit faculty, and that the faculty-ratified CBA will become the university’s rightful standard as a result.

UFF-FGCU Executive Committee members, listed below, welcomes member feedback on this situation. You know where our offices are, and our next Executive Committee meeting is on Monday, September 24th at 11:30 AM in Seidler Hall 402 if you’d like to attend.  

We hope that the membership will understand our action as necessary to avoid serious disruption to all of our professional lives.

The UFF-FGCU Executive Committee

Win Everham, President
Senthil “BeeJay” Girimurugan, Vice President
Scott Michael, Bargaining Chair
Erik Insko, Membership Chair
Carolynne Gischel, Grievance Chair
Elizabeth Johnson, Treasurer
Nora Demers, Secretary
Jaffar Ali Shahul Hameed, State Senator
Patrick Niner, State Senator
Judy Wilkinson, State Senator
John Griffis, FEA Delegate

2017 Bargaining Updates

Update #9

UFF-FGCU and FGCU management have reached accord and signed a memorandum of agreement allowing promotion-related raises to be paid retroactively to August 2017 for all faculty promoted during the previous year. 

Update #8

Meeting date: 1 November 2017

The next UFF-Management bargaining meeting will take place on Wednesday, November 1st from 1:00-3:00 pm in Marieb Hall room 402.  The Management team will be led by Dr. Tony Barringer, Associate Provost/ Associate VP for Academic Affairs, who will assume the role of Chief Negotiator.   The UFF bargaining priority will be to work towards concluding the ongoing 2017-2018 negotiations on salary and promotions.  Everyone is invited to attend bargaining meetings as observers.  Your presence will support the critical role of faculty at FGCU.

Update #7

Meeting Date: 4 October 2017

At this meeting, we will formally open the “full book” negotiation process as well as work towards concluding the ongoing 2017-2018 negotiations on salary and promotions.  As you are probably aware, we have not yet reached agreement with management to fund both raises for approved faculty promotions and salary increases this year. Reaching an agreement on these issues will be our priority for this meeting. UFF members and non-members are invited to attend this meeting as observers of the process.  Your presence will show support for the critical role of faculty at FGCU.

Update #6

Meeting date: 10 August 2017
Bargained Article: 23 (Salaries)
Issue: Base Salary Adjustment 
CBA Language under review: Section 23.4.B

Update #5

Meeting dates: 17 July, 19 July, 2 August
Bargained Article: 23 (Salaries)
Issue: Base Salary Adjustment 
CBA Language under review: Section 23.4.B 

Update #4

Meeting date: Monday, 10 July 2017
Bargained Article: 17.7.A 
Concerned Party/Article Opened By: UFF
Issues: Parental Leave 
CBA Language under review: Section 17.7.A [“Parental leave is unpaid leave unless other paid leave benefits are accessed.”]

Update #3

Meeting date:  Monday, 26 June 2017
Bargained Article:  8.F.G [Appointment]
Article Opened By: Management
UFF’s Issue: Extra University Compensation 
CBA Language under review: Section 8.F.G [“Extra University compensation is defined as University compensation for any duties in excess of a full appointment (1.0 FTE)”]

Update #2

Meeting date: Wednesday, 21 June 2017
Bargained Article: 8.4.F.1 [Appointment]
Concerned Party/Article Opened By: Management
Issues: Summer compensation (management concern) 
CBA Language under review: Section 8.4.F.1 (“Available supplemental summer appointments shall be offered equitably … in accordance with written criteria. The criteria shall be made available in each department and unit”) and Section 8.4.F.3 (“Faculty teaching during any of the summer terms shall be compensated in the same amount as compensation received during the regular academic year for the same or similar course”) 

Update #1

Meeting date:Wednesday, 31 May 2017
Bargained Article: 8.F.3 [Appointment]
Concerned Party/Article Opened By:   Management
Issues: Summer compensation (management concern) 
CBA Language under review: Section 8.F.3 (“Faculty teaching during any of the summer terms shall be compensated in the same amount as compensation received during the regular academic year for the same or similar course”)


Previous Documents & Agreements

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2015 - 2018 Collective Bargaining Agreement (CBA)

2016-2017 Re-Openers (Modifications to the 2015-18 Collective Bargaining Agreement)

2013-2014 Re-Openers (Modifications to the 2011-14 Collective Bargaining Agreement)

August 6, 2013, the United Faculty of Florida at FGCU (UFF/FGCU) and the FGCU Board of Trustees (BOT) negotiators reached tentative agreements. The new 2013-14 CBA provisions include agreed upon modifications to: Article 23 Salaries and Article 24 Benefits. A summary of the proposed changes to Articles 23 and 24 appears below.

Article 23 Salaries

Article 24 Benefits - There were no changes to this article.

November 2012 Tentative Modification Agreements