Federal ruling on UF case deals blow to state law limiting faculty dispute appeals

A federal court has ruled in favor of University of Florida faculty, restoring their right to arbitration in workplace disputes.

U.S. District Judge Mark Walker found that a key provision of a 2023 Florida law conflicts with federal law and cannot be enforced against the United Faculty of Florida’s UF chapter and its members.

The ruling preserves arbitration rights guaranteed under the union’s collective bargaining agreement.

At issue was SB 266, which was sponsored by Fort Pierce Republican Sen. Erin Grall, passed by the Legislature and signed by Gov. Ron DeSantis. The law, in part, barred faculty from appealing employment decisions on tenure, promotion, discipline, termination and other issues after a university President weighs in on the matter.

The law explicitly prohibited arbitration, replacing it with a process critics described as one-sided.

Walker concluded that provision is preempted by the Federal Arbitration Act, which requires courts to enforce arbitration agreements. Because the state law “prohibits outright the arbitration of a particular type of claim,” it conflicts with federal law and must give way, he ruled.

The case, United Faculty of Florida v. Lamb et al, was brought by the union and its UF chapter against members of the Florida Board of Governors and the University of Florida Board of Trustees, chaired by homebuilding titan Mori Hosseini, a megadonor of the Governor, who appointed him to the role.

Brian Lamb was named in his official capacity as Chair of the Board of Governors, which oversees the State University System and adopted regulations implementing the law. The suit named 40 other respondents, including Hosseini, former Education Commissioner Manny Díaz Jr., Florida State University Board of Trustees Chair Peter Collins and the members of their respective education oversight bodies.

Walker granted summary judgment to the plaintiffs Friday, issuing a permanent injunction blocking enforcement of the arbitration ban.

Notably, the ruling is very narrow, applying only to United Faculty of Florida-UF members, not statewide.

The decision follows a lengthy legal fight that began in August 2024, when faculty unions represented by New York-headquartered law firm Selendy Gay argued the law illegally nullified their negotiated contract rights.

Court records show multiple UF professors were denied arbitration after attempting to grieve employment actions under the new statute, including three who were terminated and three others who challenged negative post-tenure reviews and performance plans.

Walker found those denials constituted a concrete injury, noting that faculty had a “bargained-for contractual right, guaranteed by their (collective bargaining agreement), to arbitrate” that was effectively nullified by state law.

The ruling comes six months after Walker dismissed large portions of a separate challenge to SB 266 in September 2025, rejecting broader constitutional claims tied to provisions related to school curriculum and diversity, equity and inclusion funding.

Union leaders hailed the latest ruling as a significant victory.

“The Florida Legislature overstepped its constitutional authority, and today that overreach was rightly overturned,” United Faculty of Florida President Robert Cassanello said in a statement. “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.”

Florida Education Association President Andrew Spar described Walker’s ruling as an indictment of the Legislature’s priorities.

“Every day, Floridians are struggling to pay bills, get health care, and provide for their families,” he said in a statement. “Yet, Florida’s lawmakers have continued to pass laws that undermine the rights of Florida’s workers, including University professionals. This ruling not only upholds the U.S. Constitution, but it helps Florida’s professors continue their great work.”

American Federation of Teachers President Randi Weingarten called the ruling “a huge victory for the freedom to teach and learn.”

“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,” she said in a statement. “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.”