This Agreement is made and entered into by and between the District Board of Trustees of Edison Community College, hereinafter referred to as the Public Employer, the Employer, the Board, or the College, as one party, and the Edison Community College Faculty Federation, Local 3513, affiliated with FEA/United, AFT, AFL-CIO, hereinafter referred to as the Union or ECCFF, as the other party.

This Agreement is the result of good faith negotiations and specifies those agreements reached concerning terms and conditions of employment.

This Agreement, when it has been ratified and signed by both parties, shall be effective as of July 1, 1995, and it shall remain in force and effect or terminate as provided in Article 10.

ARTICLE 1.

RECOGNITION

The Board recognizes the Union as the exclusive bargaining agent for all full-time personnel on the faculty salary schedule to include (1) teaching faculty, (2) counselors, and (3) Learning Resources faculty, all of whom shall be hereinafter collectively referred to as faculty unless otherwise specified.

Recognition of the Union shall continue as long as the Union remains the certified bargaining agent for the faculty.

ARTICLE 2.

GENERAL PROVISIONS

2.1 SEVERABILITY - If any provision of the Agreement or any application of this Agreement to the parties is held to be contrary to law, or State Board of Education Rules, then such provision or application shall not be deemed valid, except to the extent permitted by law or regulations. All other provisions or applications shall continue in full force and effect until termination of this Agreement.

2.2 WAIVER CLAUSE - Failure of either party to require performance by the other party of any provision herein shall in no way affect the requirements of the parties to perform at any time thereafter, nor shall any waiver of an alleged breach of any provision herein be taken or held to be a waiver of said provision thereafter.

2.3 TOTALITY OF ENTIRE AGREEMENT - The parties agree that during the negotiations which resulted in this Agreement, the Union 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 thereby are set forth in this Agreement and that it shall constitute the entire and sole agreement between the parties for its duration.

Therefore, the Board and the Union during the term of this Agreement, voluntarily and unqualifiedly waive the right, and agree that the other shall not be obligated to bargain collectively with respect to any subject or matter, whether or not referred to or covered by this Agreement, even though such subject or matter may not have been within the knowledge or contemplation of the parties at the time they negotiated or signed this Agreement.

2.4 NON-DISCRIMINATION - The Union and the Board agree that they shall abide by all federal and state laws concerning discrimination. Neither the Board nor the Union shall discriminate against any faculty member for membership or non-membership in the Union.

ARTICLE 3.

NO-STRIKE AND NO LOCK-OUT

Section A. The Union, its officers, agents, members, and the bargaining unit employees covered by this Agreement all agree that they will not commit, condone, aid, or abet any act that interferes with the College’s operations or the performance of the College’s official business, including, but not limited to strike, sit-down, slow down, sympathy strike, picketing, employee demonstrations, stoppage of work, or boycott. Such groups and persons further agree that they will, individually and collectively, take all affirmative action within their power to prevent and stop any act that occurs in disregard of this commitment.

Section B. The Board agrees that it will not cause a lockout of bargaining unit members during the life of this Agreement. It is understood and agreed that lockout means a voluntary, complete cessation of College operations for the sole purpose of bringing economic hardship to bear on the members of the bargaining unit.

ARTICLE 4.

ECCFF RIGHTS

4.1 DUES DEDUCTION

Section A. The College will deduct and remit dues to the Union when authorized on the form included in Appendix A to this Agreement. Such authorization is revocable by the bargaining unit member upon thirty (30) days notice in writing to both the College and the Union. Authorization for deduction must be received by the College ten (10) working days prior to the payroll payment date. The College will mail a check covering dues deducted from the bargaining unit members and an itemized statement thereof to the Union no later than ten (10) working days following the end of the payroll period.

Section B. An annual service fee of One-Hundred Dollars ($100) shall be paid to the College by the Union for processing the payroll dues deductions for Union dues. This service fee shall remain in effect for the duration of this Agreement and until a successor agreement is ratified by both parties. This annual service fee shall be deducted by the College in a lump sum from the amount of dues remitted to the Union from the April payroll period.

Section C. The Union shall officially certify to the College no later than June 15 each year the percentage to be used in calculating a bargaining unit member’s Union dues for the succeeding fiscal year. This certified percentage will appear in the second line of the second paragraph of the Dues Deduction Authorization (Appendix A) when the bargaining unit member signs the authorization. Appendix A is hereby incorporated into and made a part of this Agreement.

Section D. The Union shall hold the Board harmless against any claim, demand, or any form of liability arising from any action taken or not taken by the College, its members, officials, agents, or representatives in complying with the Article or in reliance upon any notice, letter, or written authorization supplied to the College pursuant hereto.

4.2 USE OF FACILITIES, EQUIPMENT, ETC.

Section A. In accordance with Florida Statute §447.509, no faculty member shall miss any class or fail to perform any official duty in order to attend a Union meeting or attend to Union business. Faculty offices and other work areas may not be used for Union meetings or Union business. For purposes of the regular monthly Union meetings, the first Tuesday of each month from 12:30 to 2:00 p.m., the Union may reserve a classroom on either a month-to-month or a fiscal year basis through the Office of the Vice President for Operations.

For other Union meetings, the Union may also use the College’s classrooms on a space-available basis, by utilizing the standard reservation procedures of the College.

Section B. The Union may place Union materials in the individual mailboxes of faculty members, so long as a copy of all materials thus distributed is supplied concurrently to the President and to the Vice President for Operations. The Union is expressly forbidden from utilizing the College mail service, College equipment, College personnel, and/or College materials, except as provided in Section D. of this Article.

Section C. The College will maintain exclusively for Union business one bulletin board on each campus in a location determined by the College. The Union may not have access to any other campus bulletin boards.

Section D. The Union may use the College duplicating services for photocopying at the same rate per page charged to any College employee requesting duplicating services for private purposes and in accordance with standard procedures for same.

Section E. The Union agrees that all posted materials and materials placed in faculty mailboxes will be confined to official Union business and restricted to the following: notices of Union meetings, notices of Union elections or appointments, notices of Union recreational or social affairs, results of Union elections, Union news. Such postings and distribution must have Union approval as indicated by the signature of the Union President or designee on the materials posted and/or distributed. The College reserves the right to remove from the bulletin board and mailboxes any material which does not conform to these provisions or which is controversial or potentially disruptive.

4.3 ACCESS TO INFORMATION

In accordance with Chapter §119, upon written request to the administrator having custody of the public records being sought, public records will be made available to the Union for inspection within two (2) working days of receipt of the written request and during duty days and duty hours of the office maintaining the record. Should the Union submit a written request for a copy or copies of such public records, the Union will be charged for the actual costs per page provided the Union, such copies to be provided to the Union within two (2) working days of receipt of the written request. The actual costs per copy will be determined by the custodian of the records.

ARTICLE 5.

PUBLIC EMPLOYER RIGHTS

Except as limited by the specific and express terms of this Agreement, the Public Employer hereby retains and reserves unto itself all unilateral rights, powers, authority, duties, and responsibilities conferred upon or vested in it by Chapter §447.209, Florida Statutes, or other applicable Florida and federal statutes, and State Board of Education Rules. These unilateral rights include, but are not limited to, the right to determine the purpose, mission, objectives, and policies of the College; to determine the facilities, methods, means, equipment, procedures and personnel required to conduct the College programs; to administer the personnel system of the College, including, but not limited to, the recruitment, selection, appointment, evaluation, training, retention, promotion, assignment and discipline, suspension, demotion and discharge of faculty (except as modified by this Agreement); to direct, supervise, schedule and assign the work force; to establish standards and criteria for performance; to maintain the discipline and efficiency of the faculty and operation of the College; to determine the means and methods of instruction; to determine the grading system and courses of instruction; to provide for athletic, recreational, and social events for students and the College district; and to take whatever actions may be necessary or appropriate to carry out the mission of the College. The parties agree that all customary and usual rights, powers, functions and authority possessed by the Public Employer, whether exercised or not, are vested in the Board and the Board shall continue exclusively to exercise such powers, duties and responsibilities, during the period of this Agreement. In carrying out its powers, duties, and responsibilities, the Public Employer may utilize committees, and/or other bodies in a consultative fashion if it so chooses.

ARTICLE 6.

FACULTY RIGHTS

6.1 ACADEMIC FREEDOM - The faculty and Board of Trustees at Edison Community College recognize that the attainment of the objectives of the College is dependent upon a prevailing atmosphere of academic freedom. Members of the faculty are entitled to academic freedom as defined by the following principles:

6.2 TEACHING FACULTY WORKLOADS

Section A. A teaching faculty member is defined as a Board employee who, by virtue of a Board-established position and job description, devotes fifty percent (50%) or more of his/her required workload to classroom instruction.

Section B. In addition to the duties and responsibilities detailed in the Board-determined job description for full-time teaching faculty, each teaching faculty member is responsible for a minimum of thirty (30) instructional hours and a maximum of thirty-two (32) instructional hours per nine-month contract period. These required teaching loads shall be assigned as follows:

Section C. An instructional hour is an artificial unit which does not necessarily correspond to either credit hours or contact hours. For purposes of calculation of instructional hours, the following will be used:

Section D. An instructional overload for a teaching faculty member is defined as instructional hours carried by the faculty member in excess of the normal teaching workload specified in Section B.(1) of this Article. A faculty member is not required to accept an overload. Should a faculty member accept an overload, all of the following rules and procedures shall apply:

Section E. The faculty member may also be paid for Supplemental Instructional Hours on a per-contact-hour basis for the instruction beyond the faculty member’s required teaching load. Supplemental Instructional Hours is defined as instruction in a credit course of a short-term nature for less than a full term and for less than the full course. A faculty member is not required to provide Supplemental Instructional Hours. However, should a faculty member choose to provide Supplemental Instructional Hours, all of the following policies will apply:

Section F. The basic contract for teaching faculty employment will be one hundred sixty-six (166) days, each such individual contract period to cover Fall and Spring Sessions. A teaching contract of a different length from that specified in this section may be offered at the option of the College to a faculty member in terms of specific program needs, and accepted at the discretion of the faculty member.

Section G. The Board retains the unilateral right to require unique or special contracts which are different in one or more aspects from the provisions of Sections A.-F. of this Article, in any or all of the following types of instances:

The Board also retains the unilateral right to offer a unique or special contract in order to provide an instructional support service, which would be performed above and beyond the faculty member’s usual contracted services to the College. In such an instance, the offer of a special or unique contract may be accepted at the discretion of the faculty member.

The specific terms and conditions of all unique or special contracts will be determined by the College in view of program or service needs and delineated in a special contract letter to each appropriate faculty member.

6.3 NON-TEACHING FACULTY WORKLOADS

Section A. A non-teaching faculty member is defined as a Board employee who, by virtue of a Board-established position and job description, devotes less than fifty percent (50%) of his/her required workload to classroom instruction (e.g., counselors, Learning Resources faculty).

Section B. The basic contract for non-teaching faculty employment will be as follows:

Section C. The normal work week for non-teaching faculty shall be thirty-seven and one-half (37½) hours (exclusive of lunch and dinner periods), and the normal work day shall be seven and one-half (7½) hours (exclusive of lunch and dinner periods). However, the specific hours of the day and days of the week to be worked by each faculty member shall be assigned by the appropriate area supervisor in accordance with the tasks to be performed and the faculty member’s job description. Within non-teaching work areas where the tasks to be performed allow flexibility for the scheduling of non-teaching faculty work hours, the area supervisor will consider the faculty member’s input as the work schedule is developed. When the non-teaching faculty member’s work schedule concerns or recommendations cannot be alleviated or met, the reason(s) will be communicated to the faculty member. Upon request, the reason(s) will be given in writing.

Section D. During the processing for original employment, each non-teaching faculty member will be provided a current job description specifically tailored to the position occupied. This job description may contain the specific hours and days to be worked. In such cases, the consultation privileges in Section C. of this Article do not apply. The non-teaching faculty member shall be evaluated on the basis of the faculty member’s performance as required by his/her job description in effect at the beginning of the faculty member’s contract year to be evaluated.

Section E. Special program/service demands may require non-teaching faculty members to work hours in excess of those specified in Section C. of this Article. Such additional hours shall be at the discretion of the immediate supervisor, and shall be exclusive of lunch and dinner hours. Such additional required hours of work shall be counted and recorded by the immediate supervisor as compensatory time, to be taken and used by the faculty member at times specifically approved by the immediate supervisor after consultation with the faculty member.

Accumulated compensatory time shall be taken as expeditiously as possible, and must be taken within one (1) calendar month from the date such time is earned. In no case will accumulated compensatory time be allowed to exceed fifteen (15) hours at any given time. Accumulated compensatory time shall be taken within the same annual contract period to which it is earned and shall not be carried forward to the next annual contract period.

Section F. A non-teaching faculty member may be asked to teach a credit class or classes in their area(s) of expertise outside of or beyond the required thirty-seven and one-half (37½) hour work week. The non-teaching faculty member is not required to accept such a teaching assignment. Should the non-teaching faculty member accept such a teaching assignment, the non-teaching faculty member will receive overload pay for one overload hour for each instructional hour taught beyond the required thirty-seven and one half (37½) hour work week.

6.4 FACULTY CONTRACTS

Section A. Faculty members will seek to qualify for and the Board will grant continuing contracts in accordance with the provisions of the State Board of Education Rules 6A-14.0411 and 6A-14.0412.

Section B. Faculty members on annual contract whose contracts are not to be renewed will be notified in writing by the Board’s agent not later than February 1, each year.

Section C. A Faculty Contract Recommendation Form will be completed for review by the faculty member prior to January 10, each year. This form will contain in summary format the supervisor’s recommendations concerning the contract/ employment status, salary status, and contract period for the faculty member for the succeeding year. The faculty member will have five (5) working days to review this form, discuss its contents with his/her supervisor, sign the form, append any comments, and return it to his/her supervisor.

6.5 COPYRIGHTS AND PATENTS

Section A. The College shall hold all copyright, ownership, and patent rights to all products produced while a faculty member is fulfilling his/her contractual obligations to the College and/or when College facilities, materials, equipment, time, or money are involved and/or used.

Section B. A faculty member may hold all copyright, ownership, and patent rights to all products that he/she produces provided the products were the results of the faculty member’s independent labors.

6.6 SALARY PAYMENT SCHEDULE

Section A. All Faculty Members - Twenty-four (24) equal semi-monthly payments on the 15th and the last working day of each month, except that in December the salary payment will be made on the last faculty duty day prior to the Christmas recess.

Teaching faculty will be paid their annual contracted salary in twenty four (24) equal payments beginning with the second payroll in August.

Faculty will have the option of receiving their last six (6) paychecks on the last payday in May or continue to receive them twice each month through the first pay period in August. Faculty on direct deposit will have the unpaid balance of their contract salary deposited on the last payday in May.

Section B. In the case of a faculty member who is discharged or who resigns prior to the completion of his/her contract, final salary payment will be made immediately following certification by the supervisor and the Business Office that all the employee’s obligations to the College have been completed or resolved, said certification to take place as soon as possible following the employee’s last duty day.

Section C. Overloads -- On the regular instructional paydays for each month for all instructional hours earned during the month.

Section D. Payroll Improvements -- In the event that improvements to the payroll system are effected during the period of this Agreement, the Union may elect to take advantage of the improvements provided that the Union agrees that participation will be uniform and complete.

6.7 FACULTY APPEARANCE BEFORE THE BOARD OF TRUSTEES Any faculty member may submit to the President in writing an item to be placed on the agenda of the Board of Trustees meeting for the purpose of expressing personal or collective faculty viewpoints provided:

6.8 ATTENDANCE AT UNION MEETINGS

Section A. The College shall not grant temporary duty assignment for a faculty member to attend Union affiliate meetings or to participate in any Union activities. Neither will the College bear any expense for faculty attendance at such meetings or participation in such activities.

Section B. Any faculty member desiring to attend Union affiliate meetings or to participate in Union activities during College prescribed duty days and duty hours for that faculty member shall be required to obtain the written approval of the appropriate supervisor for a leave of absence without pay.

Section C. As an exception to Section B., above, any faculty member desiring to attend Union affiliate meetings or to participate in Union activities during College prescribed duty days and duty hours for that faculty member may utilize a maximum of two (2) days personal leave per fiscal year, such leave to be chargeable to accumulated sick leave in accordance with appropriate Board Rules. Such absence must have prior approval of the immediate supervisor and provisions must be made for appropriate coverage of the faculty member’s duties and responsibilities during the intended absence.

6.9 SAFETY - If a condition exists which a faculty member feels represents a violation of safety, health rules, or regulations, or which presents an unreasonable hazard to persons or property, it shall be communicated to his/her immediate supervisor or the supervisor’s designee. The immediate supervisor will report this alleged violation on the College Maintenance Request Form, giving the corrective action requested and the recommended action priority. Such corrective action as deemed appropriate by the College shall be implemented.

6.10 COPIES OF AGREEMENT - The College will provide one copy of this Agreement one time to each member of the Bargaining unit free of charge. In addition, the College will provide five copies of this Agreement to the President of the Union’s local chapter free of charge.

6.11 FACULTY OFFICES - The College will provide each faculty member with office space to the extent such space is available within the College. All faculty office spaces will be equipped with a least one (1) desk, two (2) chairs, at least one (1) two-drawer file cabinet, and one (1) book storage area.

6.12 REDUCTION OF FACULTY

Section A. Any systematic reduction of the total number of faculty members within the bargaining unit shall be made in accordance with State Board of Education Rule 6A-14.0411.

Section B. In the event the Board has to systematically reduce the total number of bargaining unit members in mid-fiscal year, the Provost of the respective College campus will notify the Union in writing of such intended action at least one (1) month prior to such systematic reduction. During the one (1) month period prior to the intended action, the Union will have the right to meet with the Provost of the respective College campus at reasonable times and places for the purpose of conferring regarding the criteria to be used in the reduction plan.

Section C. In the event the Board has to systematically reduce the number of bargaining unit members at the end of a fiscal year, the Provost of the respective College campus will notify the Union in writing of such intended action prior to submission of the succeeding year’s budget to the Board reflecting such changes. Prior to the submission of the budget to the Board, the Union will have the right to meet with the Provost of the respective College campus at reasonable times and places for the purpose of conferring regarding the criteria to by used in the reduction plan.

Section D. Although the Provost of the respective College campus may rescind or modify the reduction plan criteria or the proposed reduction based on the discussions in Section B. and Section C., above, neither the Provost of the respective College campus nor the Board shall in any way be obligated to follow the recommendation of the Union in these matters. Neither shall the President or the Board in any way be obligated to delay the intended action. The discussions provided for in Section B. and Section C., above, shall not be construed in any sense to be collective negotiations.

Section E. The provisions of this Article do not apply to terminations or suspensions for cause, or to non-renewals on the basis of considerations relating to the individuals involved, but only to general reductions in force arising out of the economic or operational considerations envisioned in State Board of Education Rule 6A-14.0411.

Section F. Any faculty member laid off within the context of this Article may request in writing to be kept on an active faculty applicant list for a period of one year following such lay off. The request must contain the mailing address where a faculty member can be reached during the one year. Should a vacancy occur within the faculty member’s field of expertise within that one year, the faculty member will be notified of the vacancy. The faculty member may apply for that position and shall be considered therefore in accordance with normal hiring procedures.

6.13 LEAVES OF ABSENCE - Leave of absence for a faculty member may be granted in accordance with the provisions of appropriate Florida Statutes and State Board of Education Rules for Community Colleges and the provisions for implementing these statutes and rules through the rules, procedures, and policies of the Board.

ARTICLE 7.

FACULTY EVALUATIONS

Section A. Each faculty member will be evaluated by the appropriate supervisor annually for the first five years of that faculty member’s employment. Thereafter, each faculty member will be evaluated every five years unless the supervisor feels that a special evaluation is warranted due to problems or concerns regarding the faculty member’s performance. Should the necessity arise for such a special evaluation, it will deal only with the problems noted by the supervisor.

Section B. Faculty evaluations will be in writing in a form and format prescribed by the administration. The evaluation procedure delineated in this Article will be completed no later than January 10 of each year.

Section C. Teaching faculty will be evaluated by the appropriate Dean of Instruction or designated supervisor. Learning Resources faculty members and Counselors will be evaluated by the designated supervisor

Section D. Each teaching faculty member will be evaluated annually by his/her students in the form, format, and procedure prescribed by the administration. The results of this student evaluation will be discussed between the faculty member and his/her supervisor.

Section E. The administrator performing the evaluation will hold an evaluation conference with the faculty member for the purpose of discussing the complete evaluation including identification of deficiencies and suggestions for improvement. The faculty member shall have a maximum of five (5) working days to review the written evaluation and to respond to any portion or portions of the document. The faculty member shall sign the evaluation acknowledging that he/she has had the opportunity to discuss the evaluation with the evaluator and to respond to the materials presented.

Section F. Once the faculty member has signed the evaluation and appended any comments, it will be processed to the appropriate Dean of Instruction for review, comments and signature. The evaluation will then be processed to the District Dean of Instruction the Provost of the respective College campus and the appropriate Vice President for review, comment, and signature. The evaluation will then be forwarded to the custodian of the personnel records, who will provide the faculty member a photocopy of the completed evaluation (including all signatures and comments), if so requested. The faculty member will have five (5) working days from the date he/she receives the completed evaluation to respond in writing or in person to any additional comments placed in the evaluation by the District Dean of Instruction, the appropriate Vice President and the Provost of the respective College campus since the faculty member signed the evaluation. At the end of this five (5) day period, the complete evaluation with all addenda will be placed in the faculty member’s permanent personnel folder, after which there will be no modifications, additions, or deletions.

Section G. Any alleged false or alleged misleading information in the evaluation will be reviewed by the College upon written request, and removed if determined false or misleading by the College. However, no dispute over an interpretation of "false" or "misleading" will be subject to the Grievance Procedure, Article 8. The professional judgment of the evaluator is not subject to the Grievance Procedure, Article 8.

ARTICLE 8.

GRIEVANCE PROCEDURE

8.1 DEFINITIONS

8.2 SELF-REPRESENTATION - The faculty member may at any time represent himself/herself in any proceedings. The Union President or designee shall be informed of all meetings to discuss grievances and shall have the right to have a non-participating observer present at all such meetings.

In the event that self-representation is invoked by the faculty member, the Vice President for Operations will promptly send to the President of the Union or designee a copy of the filed grievance. The President of the Union or designee will also receive a copy of the findings of fact and resolution of the grievance from the Provost of the respective College campus and, if appropriate, from the Executive Secretary to the Board of Trustees.

8.3 REPRESENTATION BY THE UNION IN THE PRE-GRIEVANCE INFORMAL DISCUSSIONS - Any faculty member may have a Union representative present during the Pre-Grievance Informal Discussions provided the following conditions are met:

8.4 REPRESENTATION BY THE UNION IN THE FORMAL STEPS OF THE GRIEVANCE PROCEDURE - If the faculty member notifies the Union and the College in writing that he/she desires representation by the Union, the faculty member shall have the right to be exclusively represented by the Union beginning with the written filing of the grievance with the Vice President for Operations and at all times thereafter until resolution of the issue.

8.5 CONSISTENCY - No resolution of any grievance or potential grievance (through informal discussions or through the formal grievance process) will be inconsistent with the terms of this Agreement.

8.6 INVESTIGATION OR PROCESSING OF GRIEVANCE DURING WORKING HOURS - During the preparation and processing of a grievance, the faculty member is to perform all his/her assigned duties and responsibilities. The sole exception to this is that noted under Article 8.14, Section A.

8.7 FILING - No grievance will be considered valid or processed unless the following conditions are all met:

8.8 TIME LIMITS - The time limits delineated throughout this Article shall be strictly adhered to by all parties unless specific time limits are extended by mutual consent in writing by the parties. The number of days at each level of the procedure is considered as maximum and the parties will endeavor to expedite the process whenever possible.

Failure of the grievant to process the grievance within the time limits specified shall result in dismissal of the grievance. Failure of the Board or the administration or their representatives to take the required action within the time limits specified shall entitle the grievant to proceed to the next step of the procedure.

8.9 ELECTION OF REMEDIES - The commencing of legal proceedings against the Board or any administrator or managerial employee employed by the Board or any member of the Board in a court of law or equity or before PERC, or before any other administrative agency, by a faculty member or a group of faculty members for alleged violations of the expressed terms of this Agreement shall be deemed a waiver by such faculty member or group of faculty members of the ability to resort to the grievance and arbitration procedure contained herein for resolution of the alleged violation of the terms of this Agreement.

Likewise, the utilization of the grievance procedure in this Agreement for the resolution of alleged violations of this Agreement shall constitute a waiver of any rights of the faculty member or group of faculty members to judicial review of agency actions pursuant to Florida Statutes, Chapter §120.

8.10 PRE-GRIEVANCE INFORMAL DISCUSSION - In the event that a member(s) of the faculty believes that he/she has a basis for a grievance (and before a formal written grievance is filed), the faculty member(s) shall first informally discuss the basis of the grievance with the immediate administrative supervisor within thirty (30) working days from the alleged violation of this Agreement. The immediate administrative supervisor will render a verbal decision to the faculty member within fifteen (15) working days from the date the first discussion was held. In the event the immediate administrative supervisor is not available during the thirty (30) working days following the alleged violation, the faculty member will meet with the acting supervisor and express his/her intent to pursue the informal discussion procedure. If the alleged grievance is with the immediate administrative supervisor, the Pre-Grievance Information Discussion will be pursued upon the return of the immediate supervisor. Otherwise, the acting supervisor will serve instead of the immediate supervisor.

8.11 FORMAL GRIEVANCE PROCESS

Section A. Step One. If, after informal discussion with the immediate administrative supervisor or acting administrative supervisor, the faculty member is not satisfied with the decision resulting from these discussions, he/she may file in writing, on the appropriate College form a formal grievance signed by the aggrieved person(s). The grievance shall be filed with the Vice President for Operations within ten (10) working days from the date the verbal decision was given by the supervisor in Article 8.10. The Vice President for Operations will investigate the grievance in any manner he/she deems appropriate, so long as parties to the grievance are allowed to present evidence and argument to support their positions. The Vice President for Operations will reduce his/her findings of fact and recommendations to writing and will forward these to the Provost of the respective College campus within fifteen (15) working days from the date the grievance is received by the Vice President for Operations.

The Provost of the respective College campus will review the grievance and findings of fact and recommendation of the Vice President for Operations in any manner deemed appropriate by him/her and render a written decision within fifteen (15) working days from the date he/she received the grievance materials from the Vice President for Operations. The decision of the Provost will be communicated to the aggrieved person(s) by either certified mail or hand delivery.

Section B. Step Two. If the aggrieved person(s) is not satisfied with the decision of the Provost of the respective College campus, the decision may be appealed to arbitration. The decision to appeal to arbitration will be in writing, addressed to the Vice President for Operations, and received by the Vice President for Operations within ten (10) working days after receipt of the Board’s final action by the aggrieved person(s). Arbitration under this Agreement shall be limited to those grievances processed through the steps of the Grievance Procedure. The aggrieved person(s) or the Union shall have the right to withdraw the request to seek arbitration at any time.

8.12 SELECTION OF THE ARBITRATOR - Within ten (10) working days of receipt by the Vice President for Operations of the aggrieved person’s notification to appeal to arbitration, representatives of the Vice President for Operations and the Union shall meet for the purpose of selecting an arbitrator. If, within ten (10) working days from the first date the parties meet, the parties are unable to agreee on an arbitrator, the parties shall jointly request in writing, from the Federal Mediation and Conciliation Service, a panel of five (5) arbitrators who must hold membership in the National Academy of Arbitrators. The Union shall strike the first name from the panel; the College shall strike the second name; the Union shall strike the third name; the College shall strike the fourth name; the remaining name shall be designated as the arbitrator and the Federal Mediation and Conciliation Service shall be so notified in writing by the parties.

8.13 AUTHORITY OF THE ARBITRATOR

Section A. The arbitrator shall be limited to the grievance submitted. The first matter to be decided is the arbitrator’s jurisdiction to act, which decision the arbitrator shall announce. Upon concluding that he/she has no such power, the arbitrator shall make no decision or recommendations as to the merits of the grievance, and the grievant shall be considered to be the losing party. Upon concluding that the issue is arbitrable, the arbitrator shall normally proceed with the hearing at that time.

Section B. The power of the arbitrator shall be limited, prospective in nature, and shall not extend to the revision of salary schedules, rates of pay, workloads, or work assignments. In cases involving discharge and/or suspension without pay, the arbitrator’s power in such cases shall be limited to reinstatement and/or the amount of back pay due, if any. If the arbitrator’s award includes back pay, special earnings from other sources shall be deducted from the award.

Section C. The decision of the arbitrator, if within the limitations of his/her authority as set forth herein and in Florida Statutes, Chapter §682, shall be final and binding. The arbitrator shall not have the power to add to, subtract from, modify, or alter the provisions of this Agreement. Arbitration shall be confirmed solely to the facts of the grievance and the precise issue(s) submitted for arbitration. The arbitrator shall have no authority to determine any other issue(s). The arbitrator shall refrain from issuing any statements of opinion or conclusions not essential to the determination of the issue(s) submitted.

Section D. Where an administrator has made a judgment involving the exercise of discretion, the arbitrator shall not substitute the arbitrator’s judgment for that of the administrator. Nor shall the arbitrator review such decision except for the purpose of determining whether the decision has violated this Agreement. If the arbitrator determines that the Agreement has been violated, the arbitrator shall direct the College to take appropriate corrective actions.

Section E. The arbitrator shall only have the power to hear or arbitrate grievances which arise under the terms and during the duration of this Agreement.

Section F. The decision or award of the arbitrator shall be final and binding provided that either party may appeal to an appropriate court of law a decision that was rendered by the arbitrator acting outside of or beyond the arbitrator’s jurisdiction, pursuant to Florida Statutes, Chapter §682.

8.14 CONDUCT OF THE HEARING

Section A. If it is necessary to hold arbitration proceedings during duty hours, parties to the grievance shall be excused from their other College duties without loss of pay for the duration of time they are needed in the proceedings for testimony.

Section B. Except as modified by the provisions of this Agreement, arbitration proceedings shall be conducted in accordance with the rules and procedures of the Federal Mediation and Conciliation Service.

8.15 DISPOSITION - The decision of the arbitrator will be made in writing to both parties at the same time. The delivery of the decision will be made by certified mail, return receipt requested.

8.16 FILES - The original written grievance, the written appeals at each level/step, the written decisions at each level/step, and the written decision of the arbitrator will be maintained in a confidential file designated by the President and separate from personnel files. A copy of the arbitrator’s written decision shall be placed in the aggrieved person’s permanent personnel file.

8.17 PROCESSING - The filing or pendency of any grievance, or of arbitration proceedings under this Article shall not operate to impede, preclude, or delay the College from taking the action complained of. Reasonable efforts, including the shortening of time limits when practical, shall be made to conclude the processing of a grievance prior to the expiration of the grievant’s employment, whether by termination or by failure to reappoint. In no event shall any faculty member, as a result of a pending grievance, receive compensation following cessation of employment.

8.18 COSTS OF ARBITRATION - If the arbitrator rules partially for the grievant and partially for the employer, the parties shall share equally in the total costs of arbitration; otherwise, the losing party shall pay the total costs of arbitration. However, expenses for witnesses shall be borne by the party calling them.

ARTICLE 9.

SALARY AND FRINGE BENEFITS

9.1 INSURANCE

Section A. For the duration of this Agreement, the Board agrees to provide to members of the bargaining unit the same major medical plan as provided to all other full-time regular employees of the College. The costs of such coverage for each bargaining unit member shall be borne by the College. The costs of family coverage shall be paid by the bargaining unit member, if such coverage is desired.

Section B. For the duration of this Agreement, the Board agrees to provide to members of the bargaining unit the same life insurance coverage as provided to all other full-time employees of the College. The costs of such coverage for each bargaining unit member shall be borne by the College.

9.2 SALARY - The parties agree that the salary schedule for members of the bargaining unit will be as described in Appendix B attached to and made a part of this Agreement.

9.3 REOPENER CLAUSE - During the duration of this Agreement, it is agreed that the Union may initiate a reopening of negotiations each year on Article 9.2 only. The Union may initiate a reopening of such negotiations by notifying the Vice President for Operations in writing of its intent no earlier than June 1 and no later than July 15, of the year the Union wishes to reopen.

9.4 TUITION AND MATRICULATION SCHOLARSHIPS - For the duration of this Agreement, the College agrees to provide to members of the bargaining unit the same tuition and matriculation scholarship coverage as provided to all other full-time employees of the College.

9.5 TERMINAL PAY

Section A. Each member of the bargaining unit shall receive terminal pay for accumulated sick leave upon official retirement, provided that both of the following conditions have been met:

Section B. The total amount of terminal pay to be received under the provisions of Section A. of this Article shall be derived by the daily rate of pay of the faculty member’s last annual contracted salary for nine (9) months (exclusive of any supplemental, substitute, overload, or unique or special contracts for instructional support services above and beyond the faculty member’s usual contracted services to the College) multiplied by the number of days of accumulated sick leave multiplied by fifty (50) percent.

Section C. If a faculty member’s full-time service at the College is terminated by death, the faculty member’s beneficiary (designated on the latest retirement beneficiary form filed) shall receive terminal pay for the faculty member’s accumulated sick leave in an amount determined by the daily rate of pay of the faculty member’s annual contracted salary for nine (9) months (exclusive of any supplemental, substitute, overload, or unique or special contracts for instructional support services above and beyond the faculty member’s usual contracted services to the College) at the time of death multiplied by the number of days accumulated sick leave multiplied by the appropriate percentage below:

Section D. If a faculty member retires and receives terminal pay under this Article, all unused sick leave shall become invalid. If a faculty member retires without receiving terminal pay under this Article, and interrupts retirement to return to full-time faculty employment with the College, the faculty member’s previous accumulated unused sick leave at the College shall be reinstated.

Section E. If a faculty member’s full-time service at the College is terminated by death and no beneficiary has been named by the time of death, or the named beneficiary is deceased or cannot be located after reasonable inquiry, then the terminal pay shall be paid to the estate of the deceased employee. If the College is not notified of an estate for the deceased employee within one (1) calendar year after the employee’s death, then the terminal pay benefits shall be void.

ARTICLE 10.

RENEWAL AND TERMINATION

This Agreement shall be and remain in full force and effect for a period of three (3) years, from July 1, 1995 until midnight, June 30, 1998, subject to the following provisions:

Section A. During the term of three (3) years, as above provided, this Agreement shall be subject to annual reopening for bargaining concerning, and restricted to, economic matters, meaning salaries and fringe benefits having a monetary value. Either party shall have the right to initiate such annual negotiations, limited to economic issues, by giving the other party written notice, during the month of March prior to the July 1 beginning date of any contract year, of its desire to engage in such negotiations. The parties will then meet at reasonable and mutually convenient times and places for purposes of negotiating concerning such economic issues, and the laws and regulations applicable to public sector collective bargaining and impasse resolution, if necessary, shall apply.

Section B. Commencing with the year which begins July 1, 1998, this Agreement shall be automatically renewed for successive periods of one year each unless either party, during the month of March next preceding June 30, 1998, or during the month of March next preceding June 30 of any succeeding year, gives the other party written notice of intent to terminate this Agreement. In the event such notice is given, the parties shall proceed to meet at reasonable and mutually convenient times and places and to engage in bargaining for a new or renewal agreement, and the usual laws and regulations concerning contract negotiations and impasse resolution, if necessary, shall apply.

Section C. In the event that this Agreement is automatically renewed for any one-year period pursuant to (Section B.), either party shall still have the right to require bargaining, limited to economic matters, for the renewal year, provided that the party desiring such negotiations gives the other party, during the month of April prior to the beginning of the renewal year, written notice of its desire to engage in such negotiations. If such notice is given, the parties shall proceed to meet at reasonable and mutually convenient times and places to engage in negotiations on economic matters, and the laws and regulations governing bargaining and impasse resolution, if necessary, shall apply.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement in Lee County, Florida, as of the days and dates listed below:

EDISON COMMUNITY COLLEGE

By:_________________________ By:_____________________________

Title: Chief Negotiator Title: President

Date:_______________________ Date:___________________________

By:________________________

Title: Chairman of the Board

Date:_______________________

******************************************************************

EDISON COMMUNITY COLLEGE FACULTY FEDERATION

By:________________________ By:___________________________

Title: Chairperson, Union Title: President, ECCFF

Bargaining Committee

Date:_______________________ Date:__________________________

APPENDIX A.

DUES DEDUCTION AUTHORIZATION

FOR

Edison Community College Faculty Federation, Local 3513,

Affiliated with FEA/United, AFT, AFL-CIO

I,_______________________, hereby authorize Edison Community College to deduct from my wages and transmit to the Edison Community College Faculty Federation, Local 3513, affiliated with FEA/United, AFT, AFL-CIO, Union dues.

Payroll dues deductions will be made monthly, in an amount derived by dividing 1.0% of my annual contracted salary (exclusive of any supplemental contracts) by the number of my pay periods remaining in the fiscal year.

I hereby waive all right and claim for said monies so deducted and transmitted in accordance with this authorization, and relieve the Board and all of its officers or representatives from any liability thereof.

This authorization shall be cancelled and deductions stopped if:

________________________________ _______________________

Signature of Bargaining Unit Member Date

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