PERC Ruling on UCF's Application of Conflict of Interest Policy

PERC finds that UCF applied ‘Conflict of Interest’ in an overbroad manner, issues order in favor of UFF-UCF in Case CA-2019-031

PERC: The Public Employees Relations Commission (PERC) – see  http://perc.myflorida.com/ – consists of three commissioners (appointed by the governor) who hold hearings and resolve disputes about issues relevant to public employees who have the constitutional right to collective bargaining. They also decide about allegations of unfair labor practices. Hearing Officers (experienced attorneys) issue recommendations in cases, and the commission reviews the recommendation and then issues the final order.

ULP:  More information about Unfair Labor Practices (ULP) can be found in section 501 of Chapter 447 of the Florida Statutes .

The final order in Case 2019-031 was issued by PERC on February 5, 2021; the Commission SUSTAINED the Union’s unfair labor practice charge pertaining to applying section 112.313(7)(a), Florida Statutes, in an overbroad manner.
The Conclusion reads:

Pursuant to section 447.503(6), Florida Statutes, the University [UCF] is ORDERED to:

1) Cease and desist from:

(a) Applying section 112.313(7)(a), Florida Statutes, in an  overbroad manner that has the effect of chilling the right of bargaining unit members to engage in the protected concerted activity of assisting other bargaining unit members in disciplinary or grievance matters; and

(b) In any like or related manner interfering with, restraining, or coercing bargaining unit members in  the exercise of any rights guaranteed them under  Chapter 447, Part II, Florida Statutes.

2) Take the following affirmative action:

(a) Rescind the unapproved conflict of interest, including rescinding the comments and disposition on Milon’s 2018-19 COI Form and any other University documents in an unambiguous way that clears Milon’s name;

(b) Immediately post or transmit, depending on the manner in which the University customarily communicates with its employees, a Notice to Employees.

You can see the posted notice here.

If you would like more information about this ULP or related issues of Contract Enforcement at UCF, the UFF-UCF Grievance chair is available to answer your questions at grievance@uffucf.org.

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The United Faculty of Florida at
the University of Central Florida

4000 Central Florida Blvd, Orlando, FL 32816

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