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Side Letter Regarding Settlement of Unfair Labor Practice Charges

The University of California ("UC" or "the University") and the Coalition of University Employees ("CUE") agree as follows:

  1. UC agrees to withdraw with prejudice case SF-CO-120-H (Re: alleged systemwide unlawful striking/sympathy striking).
  2. CUE agrees to withdraw with prejudice case SF-CE-763-H (Re: alleged systemwide bad faith bargaining).
  3. CUE agrees to withdraw with prejudice case SF-CE-697-H (Re: alleged solicitation of employees to withhold home addresses and telephone numbers) in exchange for the new language agreed to in the Article 1, Access, Section F, in the parties' tentative agreement.
  4. CUE agrees to withdraw with prejudice case SF-CE-733-H (Re: 2004 holiday curtailment), and to withdraw its request to meet and confer over the University's 2005 holiday curtailment (and refrain from filing any charge over that curtailment), in exchange for the new lump-sum bonus and training/development language agreed to in the parties' tentative agreement.
  5. CUE agrees to place in abeyance (effective immediately) case LA-CE-910-H (Re: alleged failure to provide information at San Diego campus), and to withdraw the case with prejudice within 10 days following withdrawal of strike-related discipline of CUE childcare workers. By March 1, 2006, there shall be an air-clearing meeting at the San Diego Early Childhood Education Center in order to assist management and CUE-represented employees to move forward in a positive manner. Attendance at the meeting shall be limited to only the following individuals, unless otherwise mutually agreed upon: Center Director, Katheryn Owen, CUE-represented center staff, Therese Leone or Peter Chester (at the University's option), Robert Bonsall (or his designee), Arthur Krantz, Dan Wyman, and Chris Hertzog.
  6. CUE agrees to place in abeyance (effective immediately) case SF-CE-765-H (Re: alleged retaliation for striking/sympathy striking) and to withdraw the case with prejudice effective July 1, 2006, provided that prior to that time (or any other substitute time that the parties may mutually agree upon) UC has taken the steps outlined below:
    1. UC agrees to withdraw and destroy all documents contained in official or unofficial personnel files, including counseling memoranda, warning letters, unauthorized absence letters mentioning discipline at the UCOP, UCD or UCDHS locations, reductions in pay and suspensions issued in response to employees participating in strike or sympathy strike activities on April 14, 2005, May 26, 2005 and/or June 13-15, 2005, including but not limited to the following actions:

      (1) Warning Letters sent following the April 14, 2005 strike to the following clerical employees at UCSF and UCLA: (names withheld). (See Exhibits 6 and Exhibit 66 to the charge);
      (2) Disciplinary reductions in pay (equivalent to five-day suspensions) issued following the April 14, 2005 strike against the following 15 employees of the San Diego Early Childhood Education Center: (names withheld);
      (3) Unauthorized absence letters mentioning discipline at the UCOP, UCD, UCDHS locations sent following the April 14, 2005 strike to the following clerical employees at UCOP and Davis: (names withheld). (See Exhibits 8 and 9 to the charge);
      (4) Suspension of (name withheld) following strikes of April 14, 2005 and May 26, 2005 (see Exhibit 18 to the charge);
      (5) Warning Letters sent following the June 13-15 strike to the following clerical employees at Irvine: (names withheld). (See Exhibit 36 to the charge);
      (6) Suspension of (name withheld) following the June 13-15, 2005 strike (see Exhibit 37 to the charge);
      (7) Suspensions issued following the June 13-15, 2005 strike to the following clerical employees at UCSF: (names withheld). (See Exhibit 67 to the charge);
      (8) Warning Letters issued following the June 13-15, 2005 strike to the following clerical employees at UCSF: (names withheld). (See Exhibits 38 and 68 to the charge);
      (9) Counseling memoranda issued following the June 13-15, 2005 strike to the following clericals at UCSF: (names withheld). (See Exhibit 69 to the charge);
      (10) Warning Letter issued to Davis clerical employee (name withheld) following the June 13-15, 2005 strike; and
      (11) Counseling memoranda issued to and/or about the following clerical employees at UCLA following the June 13-15, 2005 strike: (names withheld) (see Exhibit 39 to the charge).
      (12) A memorandum about (name withheld)'s absence on April 14, 2005.
      At present, the University's obligation shall be limited to withdrawing and destroying the documents described in (1)-(12) above. However, if additional documents are discovered pertaining to discipline/counseling memoranda of the type described in this agreement relating to the April 14, May 26, and June 13-15 events, they shall also be covered by this agreement and shall be rescinded and destroyed within 30 days of the University being made aware of their existence in writing by CUE.
    2. UC agrees that every current UC employee having any UC action rescinded pursuant to parts 6(a) above shall receive the following letter from the local labor relations manager (or OLR) or his/her designee (and a copy shall be sent to the CUE statewide office):

      Dear __________

      Pursuant to a non-precedent setting settlement agreement reached with the Coalition of University Employees, the University of California has agreed to withdraw all documents contained in official or unofficial personnel files, including counseling memoranda, warning letters, unauthorized absence letters, reductions in pay and suspensions issued in response to employees participating in strike or sympathy strike activities on April 14, 2005, May 26, 2005 and/or June 13-15, 2005. In exchange, CUE agreed to withdraw its unfair practice charge challenging these actions by the University. Please be advised that the University and CUE are promptly complying with this agreement and there shall be no retaliation or other negative actions against any employees because of their participation in strike or sympathy strike activities on those days, other than loss of pay for days that employees struck.

      Very truly yours,

      ________________

    3. UC agrees that it shall refund all money withheld from current employees, pursuant to suspensions and reductions in pay that have been withdrawn under part 6(a) above by February 2006. UC also agrees that unauthorized absence letters, warning letters and suspension, reduction in pay documentation contained in personnel files shall be withdrawn by February 2006. UC also agrees that by no later than July 1, 2006, it shall withdraw all counseling memoranda referenced in paragraph 6 (a) above. In the interim prior to withdrawal of the aforementioned documents, there shall be no negative performance evaluations or other negative action taken based upon the documents to be removed. Furthermore, UC agrees to restore to employees any vacation, sick leave, retirement or other accruals lost as a result of the rescinded suspensions and reductions in pay.
    4. UC agrees that there shall be no retaliation or other negative actions taken against employees because of their participation in strike or sympathy strike activities on the aforementioned days, other than loss of pay for days that employees struck.
  7. CUE will withdraw grievances challenging discipline or other university actions that the university is rescinding as part of this settlement agreement.
  8. Nothing in this side letter constitutes admission of wrongdoing by any party, nor waiver of any of the factual or legal contentions or positions taken by any party in any of the cases mentioned herein.

Dated 12/27/05

Signed,

Peter Chester, Chief Negotiator, University of California

Amatullah Alaji-Sabrie, Chief Negotiator, CUE

http://www.cueunion.org/bargaining/2005tas/ulpsideltrta.php        21-November-2008 16:34:52
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