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2004-2005 Successor Negotiations

Bargaining Report No. 8

July 11-12, 2005

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2004-2005: Bargaining Report #8: July 11-12, 2005

Bargaining Report, Sacramento-UC Davis Medical Center, July 11-12, 2005

Bargaining sessions were held in Sacramento at the UC Davis Medical Center campus July 11-12. During the initial session UC chief negotiator Peter Chester attempted to engage the CUE bargaining team in discussion around release time for bargainers, an issue dealt with in the Access article. This is a matter that will be dealt with at an arbitration to be held on July 22 in Oakland. CUE bargainers spent the day in caucus developing counter proposals to submit to UC. Those proposals were for the following articles: Access; Labor Management meetings; Rehabilitation/Reasonable Accommodation; University Benefits; and Wages.

The wage article was an article on which the team engaged in a great deal of discussion as it attempted to craft the language for a proposal that met parameters received from the statewide executive board and also a viable counter to the university's June offer. News of the budget signing and the recent newsletter article from university president Dynes should have had a positive impact on the negotiations. At least that was the expectation of the CUE team. However, when Peter Chester dismissed and derided the CUE wage proposal tempers began to flare.

The impact of the UC proposal confirmed for CUE bargainers the reality that we are dealing with an employer more interested in punitive offers on the table than fair and equitable proposals. Many of the CUE bargainers observed that the university seems more committed to trying to make CUE toe the line rather than providing the best terms and conditions of employment for CX unit employees. Despite the governor's compact budget allocation that UC has received, the university is not willing to make that allocation for clerical salaries effective July 1, 2005. Instead the counter proposal that Chester offered would not make salary increases effective until October 1, 2005, and the equity increase to be utilized for library assistants has been diminished in the last UC proposal from a .5% to a .25% equity increase. CUE's proposal also called for a signing bonus effective January 1, 2005, which was also dismissed, out of hand, by Chester.

The UC negotiator reacted to our proposal for the AAIV series with disdain and disgust and was unwilling to look at an alternative way of delaying "wage compression" while boosting the morale of every ___AA. The quick turnaround of UC's counterproposal did not appear to be 'on-the-spot' work, but rather suggested that it was a proposal that UC had already come prepared to put on the table without any careful consideration of any proposal that CUE may have put forward.

UC also refused to consider the CUE proposal of crediting the 2 curtailment days to CX employees' vacation accrual and indicated that the university will take its chances with the PERB hearing on this matter. A settlement conference at PERB is scheduled for July 18 on this matter. If no agreement is reached the matter will advance to trial.

During the discussion of University Benefits, UC negotiator Chester and compensation manager Susan Wright were vehement in their position that those employees in rural locations without HMO options were not entitled to similar health care as those in urban settings if it meant that the University would bear increased costs.

In previous negotiations in Santa Cruz UC's position was that the labor- management meetings might well serve as the venue for resolving problems at a lower level than grievances, particularly for issues regarding the Respectful Fair Treatment article. Peter Chester advocated that this would serve as a mechanism to reduce the number of grievances filed. However, in Sacramento Peter wasn't receptive to the CUE proposal and stated that he believed 12 Labor Management meetings per year was excessive. This was quite puzzling to the CUE team since UC adamantly challenged the reasonableness of CUE's use of the Respectful Fair Treatment Article in its reference in the total number of grievances filed per year. According to UC, it ranks at the top of the grievances filed chart. Why the flip in the UC position, you may ask?

This appears to be part of the ongoing pattern of UC negotiations. Consistently UC has put forward positions and once the CUE bargainers have crafted language for proposals that are designed to meet the mutual interests of both parties, there is a change in UC's position.

This is not a change to bring the parties closer together but rather a change that serves to heighten the tension between the two parties.

Close to the conclusion of the Tuesday session, Mr. Chester uttered his often repeated refrain and that ever present threat, "well, it would appear that we are at impasse." He said it routinely. Impasse is UC's method to impose bad contract terms on CUE members, an alternative for UC to get its way. The CUE team reaffirmed that we do not agree with this and would vigorously oppose any declaration of impasse that UC would take to PERB. Unlike Bill Elkins and the Berkeley Lab negotiation team, Peter Chester and the OP team seem unwilling or lack the ability to negotiate a fair contract. The Lab negotiators were able to reach an agreement on wages and issues of equity with CUE negotiators on June 17, 2005. This success keeps the CUE negotiators optimistic that the same outcome is possible in the statewide negotiations.

The CUE team suggested additional bargaining session dates of July 25-27 or August 2-4 in San Diego. The details are to be confirmed within the upcoming week.

CUE Bargaining Team:

Norine Shima, UC Berkeley
Mary Jo Kelly, UC Davis
Brigitte Moon, UC Davis alternate*
Cynthia Norman, UC Irvine
Bert Thomas, UC Los Angeles
Lyn Kelly, UC Los Angeles alternate
Maria LaBarrie, UC Riverside*
Stacey Fullwiler, UC Riverside alternate*
Nancy Kabzenell, UC San Diego*
Mary G. Higgins, UC San Francisco
Alice Guillory, UC San Francisco alternate
Melinda Gandara, UC Santa Barbara
Dina Gabriel, UC Santa Barbara alternate*
Kevin Parks, UC Santa Cruz*
Shann Ritchie, UC Santa Cruz alternate
Amatullah Alaji, UC Berkeley, Chief Negotiator

*not in attendance at the sessions

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