Coalition of University Employees (CUE)
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Berkeley / UCOP Local #3

CUE's Legal Strike: Response to UCOP

August 21, 2002


"As a taxpayer funded public university, the UC should be a shining example that honors and values all of their employees - including lecturers and clerical workers. As a UC Regent and Lieutenant Governor, I am disappointed that the university has failed to resolve contract issues with these two groups --and urge a speedy resolution."
---Lt. Governor Cruz M. Bustamante

A SPECIAL EMPLOYEE BULLETIN FROM CUE: SETTING THE RECORD STRAIGHT ON YOUR RIGHT TO STRIKE

** Please feel free to forward this to supervisors and managers who may not otherwise have an opportunity to get this information**

To All UCOP Clerical Employees:

This is to set the record straight regarding the announced August 26-28 strike of clerical workers at UC Berkeley and UCOP. The University has characterized this announced strike action as illegal, and merely in support of CUE's positions at the bargaining table. The University is wrong. Remember that UC, as the employer, has a vested interest in making our strike ineffective. They, with the help of their lawyers, are trying to confuse us and demobilize the strike threat just as it builds up support. We have lawyers, too.

The Coalition of University Employees, Local Three, continues to encourage all clerical employees at UC Berkeley and at the UC Office of the President to strike from August 26th through August 28th, 2002, in order to protest the University's Unfair Labor Practices.

The purpose of our strike is to protest the University's unfair labor practices. Unfair labor practice strikes are legal and protected under California law.

CUE has at least 20 solid unfair practice charges on file with the state of California. As we've reported in our recent communications to you, we charge that the University is breaking California's labor laws by bargaining in bad faith, prematurely cutting off negotiations, failing to give our bargainers crucial information needed for negotiations, unilaterally changing terms and conditions of employment without bargaining with CUE, failing to live up to its agreement with regard to the use of temporary employees, breaking its promise by denying us parking and transit subsidy improvements - and falsely blaming it all on CUE!

It is ironic, to say the least, for the University to tell us that we don't need a strike and that we can "reconcile [our] differences at the bargaining table," when it is UC which prematurely cut off bargaining, threatened us with regressive proposals and take-aways, and refused to confirm future bargaining dates!

UC's insulting wage offer speaks for itself. UC says that its funds are restricted, but it won't show us the documents that support its claim. UC claims that, with benefits, our salaries are nearly at par with other clerical salaries, but it won't show us the study that it says supports its claim. UC has not changed its salary proposal since September 2001 (when it moved from offering .9% to 1% for the first year of the contract) and has tied its hands by agreeing with another union that if our members receive more than 1% for 2001-02, its members will receive an increased range adjustment as well. The University hasn't bargained fairly on wages and we strike in protest of the University's bad faith bargaining.

Our strike is in protest of these unfair labor practices; a strike may be averted if the University takes immediate steps to correct these labor law violations. It is illegal to discipline or to threaten to discipline an employee for participating in an unfair labor practice strike. It is also illegal to unilaterally change attendance policies in preparation for a strike or to deny leave which otherwise would have been granted because of a presumed connection to strike activity.

Also, it is illegal for University managers and supervisors to quiz you about your support for CUE, or to ask you if you intend to honor the picket line. Let us know immediately if you are illegally questioned or intimidated in this way.

The University repeatedly has distorted CUE's intentions and actions -- don't let the University scare you from exercising your lawful right to protest the University's unfair labor practices.

For more information or to report illegal intimidation by University supervisors, contact CUE at berkeleycue@earthlink.net; or (510) 841-0700.

Also for updates see: http://www.cueunion.org/berkeley/strike2002.php

---

PS: The following Unfair Labor Practice Strikes occurred at UC during the course of the last three years. Not a single employee was terminated as a result of his or her participation in these concerted activities.

The Association of Graduate Student Employees (AGSE)
UC Berkeley, UC Davis, UC Irvine, UC Los Angeles, UC Riverside, UC San Diego, UC Santa Barbara, UC Santa Cruz
April 18th, 2000

University Professional and Technical Employees (UPTE)
UC San Francisco
March 12th, 2002

University Professional and Technical Employees (UPTE)
Lawrence Berkeley National Laboratory
March 14th, 2002

University Professional and Technical Employees (UPTE)
UC Santa Cruz
April 20th-21st [1], 2002

[1] The strike on April 21st, 2002, took place on a Saturday and involved mostly computer operators.

http://www.cueunion.org/berkeley/legalstrk.php        11-February-2012 11:19:38
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