Coalition of University Employees (CUE)
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Incentive Award Settlement Agreement

The following is a Settlement Agreement entered into between the Regents of the University of California ("the University") and the Coalition of University Employees ("CUE"). This agreement is entered into in settlement of an unfair labor practice charge pending before PERB, matter number SF-CE-572-H. This agreement is entered into based on the parties' desire to amicably resolve the dispute related to incentive awards, and does not constitute an admission of liability on the part of the University.

  1. Clerical employees will be given a forty-five day "window" period within which to submit claims for IAP awards to campus labor relations. The "window" period shall be open from March 1, 2001 to April 16, 2001. Claims must include documentation (for example copies of letters, certificates or electronic communications) from the University to them, containing either a promise to pay, or confirming an oral promise to pay an incentive award, either immediately or upon close of negotiations. The promise to pay must have been made before December 20, 2000. A promise to pay made by the University is essential. A communication which merely states that the employee has been nominated for an incentive award without supplemental documentation confirming the award of an IAP will not be construed as a promise by the University to pay an IAP award. The University shall cooperate with this process, upon request, either by providing duplicate copies of documentation previously provided to the employees informing them of their award or by supplying them with written confirmation of verbal representations of the promised award.
    2.
  2. By May 2, 2001, campus labor relations managers ("LRMs") will review the claims submitted under paragraph 1 to determine if they qualify for payment. Claims which state a "sum certain", however, will be reviewed within 15 days of their submission to campus labor relations. If LRMs determine that a claim qualifies for an award, payment will be made in accordance with the calculation procedure contained in paragraph 4 below. Any claim which campus labor relations credits will be paid no later than 60 days from the determination. This 60-day period (which ends July 2, 2001) shall in no way be an impediment to more immediate payment wherever possible. Good faith efforts shall be made at all times to pay claims as soon as possible.
  3. If LRMs determine that no award is due, notice of the proposed denial shall be provided to the affected employee by May 2, 2001. CUE shall also receive a copy of the denial. If an employee contests a proposed denial of a claim to the campus LRM, the campus LRM will, upon request, meet with CUE representatives in order to discuss the employee's appeal and to consider CUE's input before making a final decision. Final decisions by campus LRMs shall be issued by May 17, 2001.
  4. If it is determined by an LRM that an award is due, and the employee was promised a "sum certain" by the University, the University shall pay 100% of the "sum certain" to the employee (less applicable taxes). If no specific amount was noted in the documentation which is submitted as the basis for the claim, the campus shall, in its sole discretion, award an amount which is appropriate under the circumstances, taking into account the past practice of the employee's department/division/college, etc. In evaluating claims, campus LRMs and the OLR shall credit claims where an intent to award an IAP is evident. Claims shall not be denied on the ground that the monies previously earmarked for the IAP award have been spent.
    5.
  5. If the employee determines to appeal the denial of a claim to the Office of Labor Relations ("OLR"), OLR will, upon request, meet with CUE representatives in order to discuss the employee's appeal and to consider CUE's input. Claims must be appealed by May 31, 2001, or within 15 days of the final decision of the campus LRM, whichever date is later. The OLR shall meet with CUE and issue final decisions no later than June 15, 2001. The decision of OLR shall be final. Payouts of appealed awards shall be no later than August 15, 2001.
  6. On or before February 21, 2001, the University will notify department managers regarding the claims procedure in a format jointly agreed upon by the University and CUE. The departments will then notify employees who are currently in the bargaining unit or who were reclassified out of the unit on or after July 1, 1999 and who remain University employees, of the claims procedure, by distributing to the best of its ability, notice (via printed copy, posting, and/or email). CUE will also make a good faith effort to notify its bargaining unit members of the claims procedure.
    7.
  7. Upon issuance of the communication described in paragraph 6, CUE shall withdraw SF-CE-572-H with prejudice. In addition, CUE will withdraw with prejudice SF-CE-571-H (failure to provide IAP information during bargaining), and SF-CE-573-H (unilateral change in shift differential).

Signed by:

Margy Wilkinson
for the Coalition of University Employees
dated 2/13/01

Sharon Hayden
for the University
dated 2/13/01

http://www.cueunion.org/bargaining/settlement.php        11-February-2012 12:46:53
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