Surey Rios Section Five:

Contract Law/ Collective Bargaining/Performance Based Evaluation and Compensation

Te purpose for esta!lising a union is to collectively !argain for te needs "ours of
employment# rate of pay# wor$ing conditions# or grievances of any $ind% of te class of wor$ers
tat union represents& Pu!lic employees wor$ing in Florida ave a rigt to wor$ and unioni'e
"or not%# !ut a restricted a!ility to stri$e& (iami)*ade County Pu!lic Scools as four unions
tat represent te myriad of employees and varying +o!s re,uired to ma$e te scool system
function& Te -merican Federation of County# State# and (unicipal Employees "-FCS(E%
represents te custodial staff# !us drivers# cafeteria wor$ers# and veicle maintenance staff& Te
.nited Teacers of *ade ".T*% represents all teacers including scool support personnel#
office employees# paraprofessionals and su!stitute teacers& Te *ade County Scool
(aintenance Employee Committee "*CS(EC% represents te employees wo maintain and
repair te scools and office !uildings as well te computer tecnicians& Lastly# Te Fraternal
/rder of Police "F/P% represents te 012 sworn police officers in te (iami)*ade Scool Police
*epartment& 3ile te unions may sare similarities# tere are differences in te timelines and
procedures tat re,uire careful study& For e4ample# te grievance process as different time
scedules and steps for .T* versus -FCS(E& .T* !argaining unit mem!ers ave 52 days to
file a grievance wereas -FCS(E !argaining unit mem!ers ave five days& Furtermore# te
.T* contract as a pro!ationary period of one year after wic te employees "ired after 6uly
0# 7200% are on an annual contract& -FCS(E employees ave a pro!ationary period of tree
monts and after a year of satisfactory employment# tey are classified as permanent employees&
Employees ave no procedural rigts recourse if tey are terminated during teir
pro!ationary period& 8n addition# annual contract employees ave limited procedural rigts& Te
rigt to permanent employment ended in 09:; wen Florida did away wit tenure contracts&
-ccording to Florida Statutes# tere are si4 reasons for contract termination for teacers and
Surey Rios Section Five:
Contract Law/ Collective Bargaining/Performance Based Evaluation and Compensation
administrators< "0% misconduct in office# "7% incompetency# "5% gross insu!ordination# ";% willful
neglect of duty# "1% conviction of a crime involving moral turpitude and "=% a reduction in force&
3en deciding to terminate a long)time employee# one must provide tem wit procedural due
process rigts& Tese rigts include:
0& Timely and ade,uate notice wit reasons
7& Te opportunity to !e eard
5& Te opportunity to confront and cross)e4amine witnesses
;& Te opportunity to present oral arguments and evidence
1& Te rigt to counsel
=& Te rigt to an impartial decision ma$er
>& - statement from te decision ma$er of te reasons for dismissing te employee and te
evidence relied upon to ma$e tat decision
:& - final decision resting solely on te legal rule of evidence cited at te earing&
Performance)!ased teacer evaluation and compensation are igly de!ated and contended
topics in education& Florida legislation as categori'ed teacer performance using four levels:
igly effective# effective# needs improvement "or developing if te teacer is witin teir first
tree years%# and unsatisfactory& - teacer?s evaluation com!ines two scores: students? growt
"!ased on students? performance on state assessments% and instructional practice "!ased on
administrator?s o!servation%& @owever# !ecause students are not tested in every su!+ect# teacers
are assigned student growt scores "value)added data% for su!+ects tat tey did not teac
directly& Tis may ave a negative impact on te evaluation of te educator& Sadly# Te First
*istrict Court of -ppeals eld tat it is in te pu!lic?s interest to pu!lis online te names of all
pu!lic scool teacers and teir value)added scores&