A federal court has ruled on Mar. 20 that the University of Florida’s United Faculty of Florida (UFF) chapter and their collective bargaining agreement are protected by the right to arbitration. The decision comes after a legal challenge to a provision in SB 266, a law passed by the Florida legislature in 2023 that banned arbitration for faculty employment disputes and gave university presidents final authority over such matters.
The ruling is significant because it addresses concerns about due process and academic freedom for higher education professionals. The federal judge found that the state law conflicted with the Federal Arbitration Act, which takes precedence over state rules banning arbitration. For now, the order applies only to the University of Florida.
Robert Cassanello, President of United Faculty of Florida, said, “The Florida legislature overstepped its constitutional authority, and today that overreach was rightly overturned. This decision restores a fundamental protection for higher education professionals across Florida – the right to a neutral, third-party arbitrator to resolve employer disputes. Just as importantly, it safeguards faculty against attacks on the academic freedom that our faculty have experienced. This is not only a win for faculty and graduate assistants, but for our students who deserve to attend colleges and universities that are grounded in the right of faculty to teach without political interference and students to learn without fear.”
Andrew Spar, President of the Florida Education Association, said, “In today’s ruling, Judge Walker made it clear, Florida’s professors have a legal right to arbitration for contract and employment matters. Every day, Floridians are struggling to pay bills, get health care, and provide for their families. Yet, Florida’s lawmakers have continued to pass laws that undermine the rights of Florida’s workers, including University professors. This ruling not only upholds the US Constitution, but it helps Florida’s professors continue their great work.  It is because of professors at all of Florida’s universities that our state leads the nation in Higher Education. This is a big win for professors at UF!”
Becky Pringle, President of National Education Association (NEA), said: “All students, no matter their race or place, deserve to learn in colleges and universities free from political interference and intimidation that suppresses academic freedom. Higher education is about thinking independently and critically, without fear of retribution. The federal judge’s decision is a step in the right direction and a timely victory for the freedom to teach and learn not only in Florida but in colleges and universities nationwide.”
Randi Weingarten from American Federation of Teachers (AFT) added: “This law tried to strip the century-long right of faculty to appeal to an impartial judge when they have a dispute at work and instead left the fox to guard the hen house. The court saw it for what it was: a deliberate attempt to punish those the state disagrees with by substituting employer rule for the rule of law, freedom of contract and freedom of speech. These arbitration provisions are in place for a reason—to ensure faculty can research and teach on topics of their choice rather than what the government happens to believe. Today’s ruling is a huge victory for freedom to teach and learn that will resonate on campuses around the country.”
Todd Wolfson from American Association of University Professors concluded: “This is a major victory for due process and for Florida’s higher education workers who have been on the front lines of relentless political attacks on public education and basic labor rights… If your strategy is rooted in intimidation and authoritarian control you are on the wrong side of history—and you will lose.”
The broader implications may extend beyond just one university as leaders say this could set precedent regarding how states handle arbitration rights within higher education.
