Bylaws Governing Terms and Conditions of Employment
9.1 Policy. The faculty members of the colleges, schools, departments, centers, or other traditional academic units have the right to create bylaws or other written unit policies by which to conduct their responsibilities as they relate to policy matters that the University and the UFF have agreed by the express terms of a specific section of this Agreement to delegate to the unit faculty, consistent with the provisions of this Agreement. Such written unit policies shall be subject to review and approval by appropriate administration officials and posted on the unit web sites.
(a) Faculty members shall have the right to participate in the development of, and vote by secret ballot on, such bylaws. If the bylaws are developed by means of a committee, such committee shall be comprised of faculty members elected by the faculty members of the unit.
(b) The University and the UFF have agreed by the express terms of this Agreement to delegate to the faculty of appropriate units, in specific instances and within specified parameters, the development of discipline-specific clarifications of University criteria for tenure, promotion, merit salary increases, market equity salary increases, and performance evaluations.
(c) No provision of the bylaws that governs terms and conditions of employment shall be inconsistent with the provisions of this Agreement or with the mission and goals of the unit and the University.
(d) The faculty shall periodically review the bylaws, and propose revisions, whenever a change in this Agreement has a direct and significant impact upon the bylaws relating to matters referenced in the Agreement.
9.2 Development and Approval of Bylaws.
(a) With respect to deadlines under the development and approval procedures in Section 9.2, “days” means calendar days of the weeks in which classes or final exams are held during the Fall and Spring semesters. If a semester ends before the end of an allotted time period, the time period shall be suspended at that point and recommence on the first day of classes in the next semester.
(b) The faculty members of the unit shall familiarize themselves with the existing bylaws, the mission and goals of the unit and the University, and this Agreement before the unit faculty members begin the development or revision process.
(c) Faculty Proposal. The faculty members in each unit, in conjunction with the chair, shall develop and maintain bylaws. Provisions in the bylaws relating to tenure, promotion, merit salary increases, market equity salary increases, and performance evaluations must be approved in a secret-ballot vote by a majority of all affected faculty in the relevant unit who are eligible to vote on the matter under consideration. The proposed bylaws shall be forwarded for approval to the dean. If the chair and the other faculty are unable to reach agreement on an issue, both the chair’s proposal on that issue and the proposal approved by a majority of the faculty shall be submitted to the dean.
(d) Dean’s Review. Within thirty (30) days of receiving the proposed bylaws, the dean shall review them to ensure that they comply with this Agreement and with the mission and goals of the University and either approve the proposed bylaws or return them to the unit for revision.
(1) If the dean approves the proposed bylaws that a majority of the unit’s faculty voted to adopt or does not respond within thirty (30) days after receiving them, the bylaws shall be adopted as passed.
(2) If the dean objects to any provision of the faculty’s proposed bylaws, the dean shall return the bylaws to the unit, together with his/her written objections.
(e) Reconsideration, if Necessary. The faculty shall consider the dean’s written objections and, within thirty (30) days after receiving the dean’s objections, shall resubmit the bylaws to the dean, incorporating all, some, or none of the objections, along with a justification for the resubmitted language, which shall be written by a faculty member from the unit selected by the faculty members in the unit.
(1) If the faculty do not resubmit proposed bylaws within thirty (30) days after receiving the dean’s objections, the bylaws shall be adopted as modified consistent with the dean’s objections.
(2) If the dean approves the reconsidered bylaws or does not respond within thirty (30) days after the dean’s receipt of them, the bylaws shall be adopted as resubmitted.
(3) If the dean does not approve the reconsidered bylaws and the proposed changes impact the items specifically referenced in 9.1.b, the dean within thirty (30) days shall make final revisions to the reconsidered bylaws. The revisions may only change those portions of the reconsidered bylaws that are unreasonable or unworkable. The reconsidered bylaws shall be adopted as modified by the dean’s final revisions.
(f) Once approved, no provision of the bylaws altering a term or condition of employment shall be unilaterally altered or suspended, except pursuant to Chapter 447, Part II, Florida Statutes. The application or interpretation of provisions of the bylaws shall be grievable under this Agreement.
(g) A copy of the bylaws shall be kept on file in the unit office, as well as posted on the unit’s website. A copy of the bylaws shall also be provided to the UFF.