| Coalition of University Employees (CUE) | 2855 Telegraph Ave., Suite #302, Berkeley, CA 94705 Contact CUE (510) 845-2221 (phone), (510) 845-7444 (FAX) |
| Response to UC's Disinformation Regarding Strikes |
10/7/02
In recent days, UC put out a piece of literature called Important Questions and Answers for UC Employees about UC-CUE Negotiations and a Possible Clerical Strike. There are many misleading statements in this piece, so CUE has written this in response.
CUE: We ask you to read this document and notice how UC is trying to intimidate you. They know that half-truths and statements said with authority will work to unnerve you. They are counting on you to be too scared to ask questions. We want you to read what they have to say, but we also ask you to look at our responses. If you have any questions, attend one of the meetings, ask your questions, or contact CUE, and we will answer your concerns.
Q. Can CUE legally strike the University at this time?
A. Under state law, it is presumed illegal for the union to engage in or support any work stoppages such as strikes until the impasse procedures required by state law have been completed. Such strikes are an illegal pressure tactic designed to gain an unfair bargaining advantage and the University is filing an Unfair Labor Practice against CUE for this action. Under the Higher Education Employer-Employee Relations Act ("HEERA"), the state law that governs the University's labor contracts, when the University and a union are unable to reach agreement at the bargaining table, either party may declare that an impasse has occurred. The state then reviews the matter and decides whether or not to confirm the impasse. If impasse is confirmed, both parties must abide by certain procedures designed to resolve the impasse. Those procedures begin with mediation by a neutral state mediator. If that doesn't bring a settlement, the state then appoints a neutral fact-finding panel, which issues a report with recommendations to guide the parties to a possible solution. If and when these procedures are unsuccessful, the employer may unilaterally impose its last contract offer, and the union may attempt to call a strike. These impasse procedures usually require a minimum of 60 days to complete. Neither CUE, nor the University has yet declared impasse, so both the University and CUE are obligated under state law to continue the bargaining process until it is complete - including following the impasse process in an effort to reach agreement.
CUE: Striking against Unfair Labor Practices (ULPs) is legal. (For a list of all the Unfair Labor Practice charges filed against UC, please go to http//www.cueunion.org/issues/ulps2002.php.) And, we agree, this is a last resort -- after 16 months of fruitless bargaining, we've been driven to the wall.
In the above statement, the UC refuses to acknowledge that they have committed numerous ULPs. The key words they use are "presumed illegal." In other words, they are admitting that the strike is legal, assuming that one of the 30 ULP charges is proved to be true. The last time UC Unions had a state hearing on the issue of the legality of striking against UC, the unions' position was upheld and the state called the UC the worst public employer in California. We firmly believe that our strike is legal and protected, and that UC's assertion that the strike is illegal is nothing but an intimidation tactic.
UC mentions "impasse" as a step that must be taken before a legal strike can be held. This is simply not true. There is case law upholding the rights of workers striking over unfair labor practices of the employer, and this is what we are doing. CUE does not feel that impasse has yet been reached, but the university appears to be stalling, unwilling to negotiate further.
CUE: It simply isn't true to say that CUE's charges are without merit. PERB has already found merit in many of the 25 charges that CUE has pending, and the remainder of the charges are under active consideration by PERB. And it simply isn't true that the University is bargaining in good faith. At the August bargaining sessions, UC gave the CUE team an ultimatum: take what we give you as an all-or-nothing package, (which included parking language that was illegal) or we will impose a last best offer that had language several months old which did not include any of the gains we've made through bargaining. This action is called REGRESSIVE BARGAINING and it is illegal. This is a prime example of bad faith bargaining. You need to ask yourself this: if UC really is bargaining in good faith, why is it taking so long? Why isn't the CUE team getting bargaining dates from the UC team? Why is the CUE team STILL waiting for information relevant to bargaining that was requested months ago? Why did it take a strike on the Berkeley campus for the UC team to come back to the bargaining table? And why, in September, did the University tell the CUE team that it might not even be able to come through with its paltry 1.5% for 2002-2003?
CUE: We will NOT be striking illegally! An UNFAIR LABOR PRACTICE strike is a protected activity and the University cannot legally discipline or take any adverse action against you for participating in a strike. In the unlikely event that the University does take some action, CUE pledges its full resources to defending your right to strike. Don't let the University try to intimidate you or play on your sympathies. We all care about the students, but if the University cared about our value to the students, they would treat us more fairly.
CUE: UC must use the "new" math. How is 2.5-3 days out of a month considered one of every four working days? UC is right, progress requires both sides to have reasonable expectations and yes, we have ironed out 37 out of 48 issues. What is not said here is that UC has been stalling the process by not providing requested information. What is also not said is that the remaining issues are vital to our health, safety, and welfare. What is not said here is that UC's attempt to stop the process by conducting REGRESSIVE BARGAINING hurts the process, and helped to make the decision for CUE to call an UNFAIR LABOR PRACTICE strike. And frankly, even when we do reach agreements with the University, the University often fails to follow through on its commitments. It also makes unilateral changes even when we are bargaining over a subject -- like doing away with our administrative holiday and instituting a Cesar Chavez holiday, even while CUE is demanding that the University add the Cesar Chavez holiday to the existing list of holidays (rather than replace one holiday with another).
CUE: UC has not yet gotten our message. CUE is not threatening a strike in an attempt to change UC's positions, only UC's behavior. UC's regressive and bad-faith tactics have delayed bargaining too long. CUE has never stopped trying to resolve our differences at the table. However, we have been frustrated at every turn by the University's bargaining team. Make no mistake, we will be striking on the grounds that the University is engaging in UNFAIR LABOR PRACTICES. We don't want to have to strike, and contrary to their opinion, we are proud of the work that we do. We want the University to respect us and treat us fairly. This is not an unreasonable demand. But enough is enough. The University thinks of us last and least. It's time to show them that the University works because we do, and grinds to a halt when we don't. Maybe then, they will take us seriously, begin to bargain seriously, and honor their agreements with us.
CUE: It is absolutely true that employees are free to make up their own minds whether to strike or not. You should know that this is a legal strike against UC's Unfair Labor Practices, and if you choose to honor our picket line and withhold your labor, you will be participating in a legal activity and will be protected by the law.
CUE: CUE members are not obligated to strike, but an impressive majority of them voted yes to go on strike. Members obviously overwhelmingly supported the idea of striking, and we expect almost all of them will be out on the picket lines. Don't let UC scare you. CUE is a member-run union. Your voice is powerful within our union. There is no constitutional provision for CUE to fine any member who prefers to work during a strike. We recognize that each individual will come to their own decision and will have valid reasons for their decision. We encourage each CUE member to show respect for their coworkers regardless of their decision.
CUE: For once we agree with UC. No one should be harassed if they cross a picket line. Likewise, no employee should be harassed or intimidated about their intentions concerning a strike. Contact CUE immediately if you feel you have been threatened by your manager.
CUE: UC is correct again. On the other hand, if you choose to strike, spend at least 4 hours on the picket line, and are a CUE member (or become one on the picket line), CUE will reimburse you $60/day ($30/day if you normally work less than 50% time). Forms for this reimbursement will be available from a picket captain.
CUE: all employees, including part-timers, will not lose benefits by participating in the strike. While you cannot use vacation time as compensation for participating in the strike, if you had a pre-approved vacation for this time that has subsequently been denied, please contact CUE immediately. If you are out sick on those days, and intend to claim sick leave, you may be required to provide a doctor's note.
CUE: HOWEVER, it is illegal for your supervisor to intimidate, threaten, retaliate against or harass you. If you find yourself in a situation where your supervisor IS asking questions, by all means, contact a CUE representative at once! We call this kind of action another one of those UNFAIR LABOR PRACTICES! Some departments are already experiencing this kind of behavior. You need to let us know if this is happening to you!
Q. Clerical employees are claiming UC is only offering them a 1 percent increase for 2001-02. Why are clerical employees being shortchanged?
A. They aren't. Clerical employees have been offered the same 2 percent general salary increase for 2001-02 that all other UC staff employees received. The 2 percent just looks a little different because of the current contract with CUE. According to the current contract, clerical employees agreed to receive a 1 percent increase in September 2001 with the clear understanding it would come out of the 2001-02 salary program. Since UC received only 2 percent salary funding for 2001-02, this left 1 percent to be negotiated. If CUE accepts UC's current offer, clerical employees will receive a total 2 percent salary increase for 2001-02. For 2002-03, UC has offered a 1.5 percent, provided sufficient state funding. The University is also giving all eligible employees - including clericals - an additional 3 percent in deferred compensation for 2001-02. Meanwhile, CUE continues to demand a 15 percent increase over two years, despite the limited salary funding available and the fact that all other staff employees received a general 2 percent increase for 2001-02.
CUE: At the time the previous agreement was made, CUE negotiated a total 7.8% salary increase plus merits. UC emphasized that 1% of that increase was to come out of their 2001-2002 budget. CUE does not negotiate UC's budget. CUE negotiates salary increases for clerical employees. (See answer below about how CUE members are underpaid.)
CUE: UC has never said it doesn't have the money to fund our salary increases, simply that clericals are not a priority for them. UC is constantly claiming they have a vast array of programs to fund, but never once during the 16 months we've been bargaining have they told us what these programs are. They say the funds are committed, but the money goes unspent. The UC has been saving millions of dollars every year for at least the past 10 years (the time that Donahue's study covers). The UC has three times as much in savings as is recommended for an institution of its size and type. To learn more about this, view info from Donahue's report at http://www.cueunion.org/issues/2002donohue-report.php and http://www.cueunion.org/bargaining/econanalysis.pdf.
CUE: Progress was made in 2000 because CUE members fought for and won a strong contract. We can narrow the gap again by moving forward with our overall campaign. Additionally, the UC's line about benefits making up for the pay gap is ludicrous. They are increasing the cost of health insurance to between 20 and 40 percent this year and plan steep increases in parking costs. Even more importantly, the best financial benefit UC now offers is retirement, and most CUE members will never see those benefits, given that there is a 54% annual turnover rate in the clerical unit.
CUE: If you want the facts and not intimidation, please visit our Web site at http://www.cueunion.org, or contact CUE at: clericals@cueunion.org.