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Davis Local #7

Strike Questions and Answers

Q: Will clericals be striking on Monday-Tuesday, October 14-15, 2002?
A: Yes, the Coalition of University Employees (CUE) and the American Federation of Teachers (AFT), the union for lecturers, have noticed the University that we will be striking on Monday-Tuesday, October 14-15. Members of UPTE (University Professional and Technical Employees), who also have no contract in effect, may honor our picket lines and strike in sympathy.

Q: Are all UC campuses striking on October 14-15, 2002?
A: Besides Davis, Santa Cruz, Santa Barbara, and Riverside will be striking also on October 14 and 15, 2002. As you know Berkeley and UCOP had their three day strike on August 26-28, 2002.

Q: Is the strike on October 14-15, 2002, legal?
A: Our strike is lawful and is based on the unfair labor charges that we have filed against UC. We do not have to wait for the Public Employment Relations Board (PERB) to issue a complaint on these charges for us to strike. For a list of the unfair labor practice charges, please see: http://www.cueunion.org/issues/ulps2002.php.

Q: What should I say if my supervisor asks me if I plan on taking part in the strike?
A: By law your supervisor or manager are not allowed to ask! If you are asked, you may be non-committal and say, "I don't know," or "I haven't made up my mind." Then please contact CUE-Davis at (916) 927-4283 or cue_davis@hotmail.com and let us know this has happened. Since this is a violation of the Higher Education Employer-Employee Relations Act (HEERA), we can file another Unfair Labor Practice charge against the University.

Q: Why is the information that UC distributes about illegal (or unlawful) strikes?
A: UC will try to convince clerical staff that it is illegal to strike, although that is simply untrue. The information that UC distributes consistently accentuates illegal strikes. Our strike is legal (or lawful) and is based on the many unfair labor practices that UC has committed. Essentially what UC is doing is emphasizing the opposite of what should be emphasized; instead of providing information to staff about legal strikes, they place the focus on the illegal strike. It is a scare tactic and its intent is to intimidate employees from asserting their rights under the law (Higher Education Employer-Employee Relations Act--HEERA).

Q: It seems that everyday I hear another rumor. How can I find out what is the truth?
A: You just need to be aware that UC's main goal is to weaken our resolve as a union and to plant fear and doubt in each employee's mind. One of UC's ploys is to demoralize employees before the strike by circulating information on how ineffective a strike will be in furthering their goals at the bargaining table and that a strike will do nothing more than hurt the students and the University. UC will say whatever it can to diminish the number of people standing together, and that is because they want to split us apart, and claim that our demands for good faith bargaining and fair pay and working conditions are not demands that all clericals support. Do not let their tactics diminish your determination. Together, we can make a difference!

Q: What does CUE hope to achieve with a strike?
A: At best, UC will respond to our strike by ending their illegal labor practices and will be more open to improving their efforts on wages, health and safety, layoff and other contract articles. Of course, this is an on-going process. If UC appears to ignore this strike and continue in not making any movement in negotiations, this would not mean that our strike had no impact.

Right now, without a strike, UC continues to break the law by engaging in unfair labor practices. They continue to ignore the documented fact that they can easily afford to give us fair wages. We can change this, but it may take a while, but together with other UC unions, we can win. So long as hundreds of us act together, what we do on this campus is guaranteed to make a difference. Press coverage and public attention to UC's illegal actions and clericals speaking out to protest them is bound to have an impact.

Q: Will I have to call in to my supervisor on the days of the strike?
A: You do not have to call in to notify your supervisor that you will not be going in to work on Monday or Tuesday, 10/14-10/15/02, as the letter that we sent to UC on Friday, 10/4/02, notified UC of our intended strike action. This notice covers all employees who participate in the strike. However, if you choose to notify your supervisor, that is also okay, but it is not required.

Q: If I cannot participate, because of financial reasons, in the strike, is there anything that I can do to support CUE?
A: You may support us by 1) wearing a CUE button and/or t-shirt at work on our strike days; 2) Placing CUE-related information in your personal work space; and/or 3) coming to picket with us during your rest breaks and lunch hours or before/after work.

Q: I was told that if I strike, I would be abandoning my job and could get fired. Is that true?
A: No, participating in a lawful strike is not job abandonment. In our official communication to UC, CUE noticed UC that striking employees, including all employees engaged in strike activity honoring the CUE strike, will return to their positions and work at their regularly scheduled hours on October 16, 2002, starting at 12:01 am.

Q: I am a CUE member but do not want to participate in the strike for personal reasons, will there be any repercussions for me?
A: No, CUE-Davis has no intentions to levy fines, harass, or otherwise chastise any members who cross the picket lines. CUE-Davis realizes that each member has to make a personal decision to participate in our strike action. Though, we certainly hope that all members will join us on the picket line as a show of solidarity, we will understand if they cannot.

Q: I have money (agency fees) taken out of my paycheck each month, am I a member of CUE?
A: No, to be a member of CUE, you must complete a membership application and pay about 60 cents more each month in membership dues. Paying agency fees, which is mandatory because Fair Share fee legislation became California law on January 1, 2000, means that unions that have been elected by a majority vote to represent employees are permitted to collect "fair share" fees to cover the cost of the union's representational activities from non members.

Q: Where will the picket sites be?
A: On October 14th and 15th, we plan to picket as many of the following UC Davis main campus entrances as possible:

On the south side (coming directly from I-80)
Old Davis Rd.

On the west side (coming from Hwy 113)
Hutchinson Dr. & Health Science Dr.
Hutchinson Dr. & Extension Dr.
Hutchinson Dr. & La Rue Rd.

On the north side along Russell Blvd.
Russell & Orchard Park Dr.
Russell & La Rue Rd.
Russell & California Ave,
Russell & Howard Way

On the east side along "A" St.
A St. & 3rd St.
A St. & 1st St.
A St. & Hutchinson Dr.

Garrod Rd behind Vet Med crosses from the other side of 113.

Q: Will there be picketing at the Medical Center?
A: No, picketing will only occur at the UC Davis main campus.

Q: Since I work at the Medical Center, will I be able to picket at the campus?
A: Yes, all CUE-Davis represented clericals, even those in remote locations, are all legally protected to participate in the picketing at the UC Davis campus. We will be signing up members to assist in transporting clericals from the Medical Center to the Davis campus.

Q: I don't think I can afford to take the time off without pay.
A: Strike pay is authorized for members and who are on the picket line for 4 hours. The strike pay for 4 hours is $60.00 a day for full-time employees, and $30.00 a day for part time employees.

Q: When will I receive my strike pay? Will there be deductions?
A: CUE-Davis is committed to sending out strike pay checks that will have no deductions, to each member's home by the end of October.

Q: How will I know where to go on strike day?
A: Ideally, you will be contacted prior to the strike with instructions as to what site to go. If you have not been contacted prior to reporting for picketing, you will find picket sites at all entrances to the University. The captain at that location should be able to tell you if another location needs you more and be able to assist you in getting there.

Q: I am not a member, but may I participate in the strike?
A: Only CUE members who picket will be given strike pay. However, non-members may become members on the day of the strike and will be able to join us on the picket lines. Membership applications will be available at each picket site.

Q: I have a disability that limits my mobility; will I still be able to get strike pay?
A: Yes, we will have non-ambulatory type duties on the picket lines for members to perform so that they will be eligible for strike pay.

Q: May I use vacation or sick leave during the strike days?
A: If you participate in a union strike, you cannot use vacation or sick leave for the days your participate in that strike; this time is considered leave without pay from the University. However, if you have pre-approved planned leave (vacation or sick leave) requested well in advance of this strike action, we see no reason why you will not be paid for that leave, just as you would be paid any other time.

Q: May I arrange to have vacation time in advance?
A: In order to make our point that this is a strike, it is better not to arrange for vacation leave. Most likely, you will lose pay.

Q: May I call in sick?
A: You may call in sick if you are really sick. Sick outs are not legal strikes. Our strike is an unfair labor practice strike. If you call in sick on the day of the strike, you likely may be required to provide medical certification of your illness, or you may even be subject to discipline.

Q: May time-off for a strike be covered by comp time?
A: Most likely no, although it will depend on the department.

Q: Do I have to record the time off on my leave report, and which type of leave do I report?
A: You will have to report your time off on your leave report as "leave without pay."

Q: Is this considered a break in service?
A: No, striking is not considered a break in service. Although you will not be paid during the strike, you will remain on "pay status."

Q: I am a part-time employee; will I be able to participate in the strike without losing my benefits?
A: It is our understanding that you have to maintain a minimum of 50% time or risk losing benefits (service credit, sick leave, and vacation) in the following month (all benefits are paid one month before (i.e., July's benefits were paid in June for the time worked in June). Each part-time employee needs to consider this before making a decision to participate in CUE's strike.

Q: Must I come to campus and join the picket line?
A: You are not required to, but if we want the strike to have maximum impact a bigger picket line is much better. Also strike pay will be offered only to member employees who walk the picket line.

Q: Will other unions honor our picket lines? What are we asking people not represented by CUE to do?
A: It depends on the union. Some unions have clauses against a "sympathy strike" in their contract. Some will honor our pickets. We are asking others to support our strike in any way they can. Other employees and students can sign a solidarity pledge.

Q: May I bring friends/family along when I picket?
A: Sure, friends and families are welcome to join our picket lines.

http://www.cueunion.org/davis/strikeqa.php        21-November-2008 15:44:07
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