| Coalition of University Employees (CUE) | 2855 Telegraph Ave., Suite #302, Berkeley, CA 94705 Contact CUE (510) 845-2221 (phone), (510) 845-7444 (FAX) |
Note: Assume these provisions are grievable unless described otherwise.
Note 2: This summary is not a substitute for the contract, which all supervisors and local and statewide EBoard members should read.
This article defines the LWU bargaining unit as all "non-supervisor, non-executive, non managerial employees," who are not "lost timers" and are not represented by CUE (i.e. no one can be both a CUE member and a LWU member). It also protects CUE employees from retaliation for exercising their rights under the contract.
Defines the LWU bargaining unit, with more detail. CUE may use interns (defined as people not paid with CUE funds), volunteers, and lost-timers, provided that does not result in layoffs or a reduction in hours, pay or benefits of LWU workers. Provides that CUE shall not subcontract bargaining unit work. Requires that CUE provide the LWU written notice of each new hire's name, home address, telephone number, date of hire, job title, percentage of time, working address, starting pay rate, and job description within 10 working days.
Also sets up 3 categories of CUE staff:
Requires that CUE take reasonable measures to ensure that CUE officers, agents, and supervisors treat workers with dignity and respect, and to prevent or stop acts of harassment, aggression, violence or intimidation. Requires that CUE inform workers of the identity of their supervisor(s) upon hiring, and provides that only those identified supervisors have the authority to direct staff. Requires that staff remain neutral on the internal partisan affairs and debates of CUE, including elections.
Requires CUE to follow the principles of just cause and due process in discipline and dismissal. Requires that CUE give workers under investigation for misconduct or poor performance the opportunity to respond to allegations being investigated. Provides for investigative leave for allegations of gross misconduct. Requires prior notice to the worker and to the LWU prior to suspension or dismissal, as well as 10 calendar days for the worker to respond. Provides for LWU representation for workers.
The Agreement lasts from 12:00 Midnight on September 9, 2004 until 11:59 PM on September 9, 2007. Requires CUE and LWU to serve written notice on the other party of the proposed termination or modification of the agreement no less than 60 days prior to the expiration date.
Requires CUE to reimburse workers for expenses related to performing their jobs within 15 business days of receiving the request and receipts, provided that the worker has submitted the request within 60 days of incurring the expense. (Transportation and parking expenses: see Transportation and Parking.) CUE should not expect workers to pay regular, foreseeable expenses out of their own pockets.
Details the steps and timelines of the Grievance procedure, and provides for mandatory meetings upon timely request by either party. Provides for release time for worker, representative and witnesses (when relevant) for meetings that occur during regular work hours. Requires the presence of supervisors at all grievance meetings. Provides for expedited grievances in case of dismissal. Provides for extension of time limits with mutual agreement. Requires CUE to maintain materials generated as a result of a grievance in a separate file, with the exception of the disciplinary documents (e.g. a warning letter) themselves.
CUE Grievance officials: Requires CUE to maintain a list of individuals designated to receive and/or review grievances and appeals, who may not be a party to the action(s) grieved, and who must have the authority to overturn or amend any actions giving rise to the grievance. CUE shall determine if any or all of those officials are location-specific (e.g. Jane Doe is a grievance official only for employees at Local #1).
When the LWU is not satisfied with the Step 2 grievance response, they may choose one of three alternatives:
Requires CUE to maintain safe, non-smoking workplaces in compliance with applicable laws and regulations, including first-aid kits and clean drinking water.
Provides for a joint 4-person CUE-LWU Health and Safety Committee, to be convened upon ratification or soon thereafter. This Committee will identify health and safety issues/needs, make plans to maintain health and safety, including ergonomic audits, and develop a plan to train and educate CUE staff on workplace health and safety issues. The Committee will also develop a workplace Injury and Illness Prevention Program (IIP), to be updated annually.
Video Display Terminal Use: Workers who spend more than 60% of their schedule at a VDT shall be allowed to perform other duties for at least 10 minutes per hour worked.
CUE will arrange for ergonomic audits upon request.
LWU staff get the same paid holidays as CUE, based on location. However, workers who wish to observe holidays that are not regular CUE holidays may request a substitute, and such request shall not be unreasonably denied.
Pay for holidays not worked: full-time workers receive 8 hours of pay; part-time workers receive pay in proportion to the number of hours normally worked on that day.
Pay for holidays worked: Workers required to work on a holiday will be paid time and one-half for hours worked; however, if the worker requested to work on a holiday and the request is approved, pay is at straight-time rate.
New/rehired workers receive holiday pay for holidays immediately preceding their first day of work. Terminating workers receive pay for holidays immediately after their last day of work. Workers on approved leaves of absence for 20 days or less, including holidays, receive holiday pay for any holiday occurring during that period.
Workers can determine their hours of work (standard or variable schedules), unless CUE has a bona-fide business necessity prohibiting that. CUE must provide 5 business days advance notice of a schedule change lasting less than 30 days, and 10 days for changes lasting 30 days or more.
CUE has the sole right to determine when overtime (OT) is necessry. OT is mandatory, provided CUE gives 7 calendar days advance notice, there is no other worker at that location who is able and willing to work OT, and the worker has not worked any mandatory OT during the preceding 30 days.
Defines OT pay, and premium weekend/holiday pay.
Comp time: Workers may request to bank comp time in lieu of OT, at CUE's discretion and subject to business needs.
CUE has the right to direct its workers reasonably, and must meet and discuss with the LWU over any substantive changes to a worker's job description. CUE must provide every worker with a job description upon hire.
NOTE: This is important for locals considering posting/hiring.
Provides for such meetings up to three times per year, including release time for 2 LWU workers, if the meeting occurs during normal work hours or OT if the meeting occurs during weekend/evening hours.
NOTE: these provisions don't apply to probationary, term or temp employees.
Layoffs/reductions shall only occur in case of lack of work or lack of funds. CUE must give no less than 45 days advance notice to the worker and the LWU, and we must be willing to meet and discuss alternatives with the LWU.
In case of a lack of work or funds, CUE must eliminate OT for substantially similar work, and layoff term or probationary employees first. Layoffs occur in inverse order of seniority by location, except that LWU Stewards have superseniority.
In the event of proposed layoffs, LWU staff have the right to transfer into positions held by less senior workers at the same location, if they are qualified. Laid off workers have the right to be recalled in seniority order to any open bargaining unit position for which they're qualified (i.e. they can learn it within 6 months). The length of recall rights depends on the worker's years of employment with CUE. Provides for severance pay based on years of employment, and continuity of benefits for 2 months.
There are many legal issues connected with leaves of absence, so we encourage supervisors to read the actual language carefully, and ask questions.
This article provides for many different kinds of leaves of absence: personal, FMLA/CFRA, parental, bereavement (5 days sick leave), voting, jury duty, military, etc. For FMLA/CFRA, although technically CUE is too small to be covered, we have agreed to follow the provisions of both laws.
CUE has the right to manage/direct staff subject to the terms of this Agreement, and agrees that work rules will be necessary for business or health & safety reasons. At least 15 days prior to implementing new/changed work rules, CUE shall notify the LWU and consider their concerns or alternatives.
With the exception described in the Grievance Article, LWU agrees not to strike, and CUE agrees not to lock them out for the duration of the Agreement.
CUE agrees not to discriminate or tolerate sexual harassment. CUE and LWU jointly recognize the importance of affirmative action. CUE and LWU will set up a joint 4-person Affirmative Action Committee, convened upon ratification or as soon as possible thereafter. (This committee could have the same personnel as the Health and Safety committee, and the meetings could be scheduled together.) CUE agrees that anti-discrimination/diversity training will be a component of training for new hires.
Past practices that benefit employees and that aren't explicitly covered by this agreement shall continue unless the parties agree to change them in writing.
All LWU bargaining unit members shall join the LWU as a condition of employment (but CUE will not discharge workers in violation of the NLRA). The LWU can change its dues rate no more than twice annually.
Once each year, and once during probation, every employee shall be evaluated. For permanent employees, the evaluation should be given annually within 30 days of the worker's date of hire. Any rating that is less than satisfactory will be accompanied by a statement of the improvements necessary to get a satisfactory rating. If the overall rating is less than satisfactory, the employee must be informed of the deficiencies and how to correct them prior to the evaluation. If we fail to evaluate a non-probationary employee, they may request one. If we fail to evaluate, whether or not they request one, the worker's rating shall be considered satisfactory. Employees may comment both on the evaluation, and on their supervisor's performance as a supervisor, with no reprisals for exercising that right.
We must bargain with the LWU over the creation of a statewide form.
Job audits: Any time we add a significant amount of work to a job description, we are expected to diminish other job duties. If we add such duties, we will need to provide a written explanation of why/how the new duties can be accomplished.
We can maintain no more than two personnel files, though we can also maintain a separate grievance file where appropriate (see Grievance Procedure). One file will be kept at the Statewide office, and would normally include official employment records. Locals can also choose to make the statewide file the only file, and keep all personnel materials there. The second permissible file would be a local file, containing other relevant personnel materials (commendations, evaluations, discipline, counseling, etc.). CUE is responsible for maintaining these files. Workers should have access to the contents of their local file within 24 hours of making a request. Many documents may be removed from the file once they are 12 months old. Within 30 days of ratification, we must notify the LWU of the location of the personnel files for every employee.
A copy of anything added to the file should be provided the worker prior to its inclusion in the file.
There is a 90-day probationary period for workers hired once this agreement is in effect. During that period, CUE may terminate employment for any reason and the termination is not grievable.
At the time of hire, workers should be informed that they are on probation, and the end date. We can extend probation, with notice, by no more than 90 calendar days (the extension is not grievable). We must evaluate the employee at least once during probation.
CUE agrees to abide by the Americans with Disabilities Act (ADA) and the California Fair Employment and Housing Act.
We can medically separate employees unable to do their jobs for medical reasons. There are many laws and regulations around this issue, and locals should consult with the attorneys and/or CUE's Personnel Committee, and read the contract, prior to making such a decision.
Resignation: Workers who resign in writing have 5 calendar days to rescind. For oral resignations, there is a somewhat more complicated procedure by which CUE must confirm the resignation with the employee and the LWU, and then wait 5 days for a rescission before acting on the resignation.
With the exception of retirement (which is paid out in accordance with NOA regulations), all compensation, including unused vacation, is due no later than 72 hours following the worker's last day.
Job abandonment: Except in emergency circumstances, if an employee fails to report to work for 5 consecutive work days we can treat that as job abandonment. We must notify both the employee and the LWU and wait 14 days for a response.
Defines how seniority is calculated, and requires CUE to provide the LWU a quarterly seniority list covering all staff.
Basically, if anything in the contract is against the law, we have to meet and confer upon request to come up with a substitute, and that does not invalidate anything else in the contract.
Very similar, but not identical, to the CUE-UC agreement. Sick leave may be used to care for family members, with staff defining who is considered a family member. We can require documentation when the leave is longer than 3 consecutive work days, or for shorter periods when it appears to be justified, and the worker has been notified in advance of their return to work. There is a catastrophic leave donation program.
We are expected to provide training. If we require current staff to train co-workers, they shall have their duties reduced to make that possible. We must provide 8 hours of orientation to new hires. We must provide an additional 2 hours to a LWU representative to orient the new hire (with paid release time).
If we require training, we pay the costs (including release time). If we make significant changes in job duties, we must provide adequate training. We may agree to pay the costs for elective training, and must not deny requests for such training unreasonably.
Staff who use their own vehicles for CUE-related business shall be reimbursed for associated costs. Mileage is reimbursed at the current IRS mileage rate.
Reimbursements should be provided in accordance with Expense Reimbursements.
LWU must provide CUE with a written notification of its officers and stewards, and alternates. CUE provides a release time pool related to the size of the bargaining unit. Officers/stewards may utilize this time for grievance-related activities. Requests to use release time should be made to the employee's supervisor in advance, and shall be granted if it does not interfere with business. Employees must report the release time on their time sheets. If the question of abuse arises, we should address it with the LWU, and then may take corrective action if warranted.
Again, quite similar to CUE-UC agreement. Workers do not earn vacation on OT hours. There are vacation accrual maximums, and we must notify workers in advance if they are nearing the maximum.
CUE's new minimum wage is $17.00/hour, effective August 1, 2003. Every August 1 from 2004 to when the Agreement terminates, CUE must raise the minimum wage to the amount equal to the average increase for CUE workers based on the previous 12 months. However, if CUE wages decrease, the LWU minimum wage will not decrease.
Starting salaries: Those hired during the life of this Agreement must be paid a starting wage between the minimum wage and as much as $1.50 more per hour. We must notify the LWU of the rate, including an explanation if it is higher than the minimum.
One-time equity adjustment: Retroactive to the first pay period after August 1, 2003, workers must receive an equity increase ($0.20/hour for workers paid less than $19.00/hour; $0.05/hour for those making $20.00 or more).
Annual increase: Effective first pay period after August 1, 2004, and every year while this Agreement is in effect, workers will receive an annual increase (for those making less than $18/hour, $1.00/hour; between $18.00-19.99/hour, $0.80/hour; over $20/hour, $0.60/hour). Those working for us as of the effective date of this increase receive this increase OR the increase to the new minimum wage described above, whichever is greater.
CUE must comply with California regulations on Workers' Compensation, including providing information at the initial reporting of a work-incurred injury or illness. This is another complicated area, and we encourage supervisors to consult with the attorneys or CUE's Personnel Committee.
Counseling/discipline of staff will be conducted in a confidential setting. CUE shall not disclose personal information except as required by law or to provide necessary/relevant information to the LWU.
Workers have a reasonable expectation of privacy for their personal possessions in the workplace. In the event of an investigation, only supervisors will search an employee's work area. If that would be a conflict of interest, CUE may select an alternate individual to perform the search.
Unless required by law, CUE may not subject staff to drug, alcohol, polygraph or medical tests, electronic surveillance, fingerprinting, or background checks.