A Leon County circuit judge has denied requests from the New College of Florida Board of Trustees and the state university system’s Board of Governors to dismiss a legal challenge against a 2023 law that eliminated arbitration in university employment disputes. Last week, Judge J. Lee Marsh ruled that the lawsuit, filed by the United Faculty of Florida, its New College chapter, and Professor Hugo Viera-Vargas, can proceed.
The 2023 law in question prevents arbitration of grievances filed by faculty members on issues such as tenure denials, restricting appeals to the level of university presidents.
Initially filed last year and amended in March, the lawsuit argues that the law violates constitutional collective-bargaining rights and impairs existing union contracts. According to the lawsuit, Viera-Vargas was unable to seek arbitration after being denied tenure at New College.
Read: Redistricting Fights In Ten States, Including Florida, Could Determine Control Of US House
In their defense, the New College Board of Trustees and the university system Board of Governors raised several issues to support their motion for dismissal. However, Judge Marsh dismissed these arguments in a detailed seven-page decision.
“Here, plaintiffs alleged the arbitration provisions in the collective bargaining agreement were bargained-for,” Marsh wrote. “This claim is more than plausible given that the collective bargaining agreement’s arbitration provisions go well beyond the requirements (of part of state law) by setting out the scope and procedures of any arbitration in detail.”
Read: Two Florida Appeals Courts Revive Voter-Fraud Charges Against Felons
The ruling allows the challenge to the 2023 law to move forward, maintaining that the plaintiffs have presented a credible argument regarding the negotiated arbitration provisions in their collective bargaining agreement.
Help support the Tampa Free Press by making any small donation by clicking here.
Android Users, Click To Download The Tampa Free Press App And Never Miss A Story. Follow Us On Facebook and Twitter. Sign up for our free newsletter.