Florida Unions Sue Over Senate Bill 266, Citing Threats to Academic Freedom

Florida Faculty Unions File Lawsuit Against Senate Bill 266

GAINESVILLE, Fla.—Three unions representing faculty at Florida universities have initiated a federal lawsuit challenging Florida Senate Bill 266, which assigns ultimate control over faculty disciplinary actions, terminations, and other personnel issues to politically appointed university presidents. The legislation eliminates the use of independent arbitration by a neutral third party, thereby restricting meaningful review processes aimed at safeguarding academic freedom and employment rights.

The unions involved in the lawsuit are the United Faculty of Florida (UFF) and its chapters at Florida State University (UFF-FSU) and the University of Florida (UFF-UF). The lawsuit, filed by Selendy Gay in the Northern District of Florida, targets members of the boards of trustees at Florida State University and the University of Florida, as well as the statewide board responsible for overseeing Florida's state university system. The complaint argues that the ban on arbitration is an attempt to suppress academic freedom and violates the Federal Arbitration Act (FAA), a law established in 1925 to protect the right to arbitration.

This lawsuit marks the second legal challenge by UFF against SB 266’s arbitration ban. The initial lawsuit, still ongoing in state court, aims to prevent New College and its politically appointed leadership from enforcing the ban on the grounds that it violates Florida's constitutional right to collective bargaining and breaches contractual agreements. On June 21, Judge J. Lee Marsh of Florida's 2nd Judicial Circuit ruled that the case could proceed, rejecting the state's motion to dismiss.

United Faculty of Florida is affiliated with the AFT, a national union advocating for education professionals, public education, healthcare, and public services.

AFT President Randi Weingarten commented:

“SB 266 undermines the right to arbitration firmly established under federal law for nearly a century. Rather than follow the guidance of an impartial arbitrator, the law allows employers to make unilateral decisions that affect the livelihood of thousands of workers in the state of Florida. We must stand up for the rule of law, and for freedom of contract and freedom of 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 is why we’re taking them to court.”

United Faculty of Florida President Teresa M. Hodge stated:

“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. Since 1925, faculty around the nation have had the federal right to have discipline, termination and other personnel matters reviewed for fairness by a neutral arbitrator. But that doesn’t matter to the governor and the commissioner. They apparently recently learned that some people in Florida don’t have the same opinions they do, and that was enough for them to stifle Florida faculty members’ academic freedom and allow faculty and graduate assistants to be intimidated and retaliated against. We must ask ourselves who a law like this truly serves. Because it’s not faculty members, it’s not graduate assistants, it’s not our students and it’s not our state. At the United Faculty of Florida, we remain firm in our commitment to ensure Florida’s higher education faculty, graduate assistants, DRS schools and students are represented and advocated for at all levels of our state. Every employee in Florida has the constitutional right to join a union and to collectively bargain for better working conditions. UFF will never stop fighting for these protections.”

Florida Education Association President Andrew Spar remarked:

“It’s a special kind of circular logic that has to take place when you tout higher education as the reason your state’s education system is doing well and, in the same breath, actively take away rights from the very employees that make Florida’s university system one of the most respected in the nation. Yet this is exactly what workers have come to expect from Gov. DeSantis and Commissioner Diaz Jr. They pretend to care about teachers, professors, students and workers and then turn around and make policies and decisions that go against their interests, usually in favor of their own political ideology. Floridians see what is happening, and they are not happy about it. They want a university system that is going to fuel innovation and growth in our state. And they understand that in order to do that, we need to ensure faculty in our state can continue to advocate for themselves and their students. The right to arbitration is one crucial way this happens. Make no mistake: The governor and commissioner are so busy paving the way for horrific policies like Project 2025 that they would willingly sacrifice every student in this state to their political whims.”

National Education Association President Becky Pringle added:

“University faculty members not only must have the right to speak up and advocate for themselves, their colleagues and their students, but also must be able to do so without fear of retribution from those who disagree with them or have political motivations. This is central not only to academic freedom, but also to the rights of workers. If we want to recruit and retain innovative, expert faculty and ensure Florida has a world-class higher education system, there is a need to respect both the educators who dedicate their lives to students and the laws that protect their freedom. While Gov. DeSantis and his extremist allies continue their ideological and unconstitutional attacks against teachers, professors, students and workers, educators in Florida and across the country are not backing down, and this lawsuit shows just that.”

Selendy Gay Special Counsel Corey Stoughton noted:

“SB 266 attacks independent review designed to protect Florida’s university system from politicized and arbitrary decisions that threaten academic freedom and fairness. This legal action signals the AFT and UFF’s refusal to stand by as the state Legislature and governor whittle down the employment protections of Florida unions and their members.”

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The AFT represents 1.8 million pre-K through 12th-grade teachers; paraprofessionals and other school-related personnel; higher education faculty and professional staff; federal, state and local government employees; nurses and healthcare workers; and early childhood educators.