A union representing public university professors, along with its chapters at Florida State University and the University of Florida, filed a federal lawsuit Wednesday challenging a state law that prohibits arbitration of their employment disputes.
The 31-page complaint, filed by the United Faculty of Florida—which includes the state’s largest universities and the body that oversees all public higher education in Florida—claims that UF terminated a tenured professor in January while they were on medical leave. When the UF union chapter attempted to intervene, a university official stated that the decision was final and not subject to arbitration, according to the lawsuit.
The case is being heard at the U.S. District Court for the Northern District of Florida’s courthouse in Gainesville.
The dispute centers around a provision in SB 266, a law signed by Gov. Ron DeSantis in 2023, which removes the option for unions to arbitrate disputes related to tenure, terminations, and promotions. According to the law, university presidents have the final say on employment decisions. The United Faculty of Florida (UFF) also filed a lawsuit against New College last year in state court over SB 266.
Supported by its umbrella organization, the American Federation of Teachers, UFF argues that the arbitration ban violates the Federal Arbitration Act and restricts professors’ free speech.
“SB 266 undermines the right to arbitration that has been a cornerstone of federal law for nearly a century. Instead of following the guidance of an impartial arbitrator, the law permits employers to make unilateral decisions that impact the livelihoods of thousands of workers in Florida,” AFT President Randi Weingarten said in a press release on Wednesday.
“We must defend the rule of law, as well as freedom of contract and speech, not just for those we agree with, but for everyone. Gov. Ron DeSantis and Commissioner of Education Manny Diaz Jr. want to do the opposite — and that’s why we’re taking them to court.”
More disputes over tenure review
The law also introduced post-tenure reviews, requiring all tenured faculty to undergo evaluation every five years, which makes it easier for universities to dismiss tenured professors.
According to the unions, while the universities have refused to include collective bargaining procedures in their upcoming contracts with union employees, UF has issued proposed termination letters to four professors, and 24 others have received unfavorable post-tenure reviews.
“Academic freedom is the cornerstone of a strong higher education system. The message being clearly sent by Gov. DeSantis and Commissioner Diaz Jr. with this arbitration ban is that they do not care about due process or our state’s students,” wrote UFF President Teresa Hodge.
Just last week, three professors from Florida public universities sued the state over the tenure review process, also claiming it stifles free speech, according to the Tallahassee Democrat.
A spokesperson for the State University System of Florida declined to comment on the pending litigation when contacted by Florida Phoenix via email.
UF and FSU did not respond to the Phoenix’s requests for comment.
