Factual Explanation of Consequences of Voting Yes or No on Question #1

Coalition of University Employees (CUE)

2855 Telegraph Ave., Suite #302, Berkeley, CA 94705
Contact CUE (510) 845-2221 (phone), (510) 845-7444 (FAX)

CUE: Home General Info Contacts Issues News Bargaining Member Info Locals Events / Corresp Finance Stewards / Grievances CUE Supervisors Local Resources General Resources Links Site Feedback Contact CUE

Member Info: Application Calculate Member Dues Issues To Vote On Meeting Schedules Committees Reimbursement Forms

April 9, 2003

This is an explanation of the factual consequences of the vote on the mediator's proposal.

EXPLANATION OF A "YES" VOTE: If the majority of CUE members vote "YES," this is what would happen: CUE and UC would ratify the mediator's proposal, including the wage option that a majority of CUE members indicate they prefer. The contract would cover the period September 2001 through September 2004.

The ratified proposal would allow CUE and UC to bargain on three or four "re-openers" between now and September 2004. "Re-openers" are contract articles that would be identified for new bargaining while the bulk of the contract articles are still in effect. In this case, the re-openers would be the articles on wages, parking, and one more article that CUE may choose, and one more article that UC may choose. During re-opener bargaining, the "No Strikes" article in the CUE contract would be suspended. This means that CUE could strike over unfair labor practices related to bargaining, even though a contract would be in effect. In addition, if CUE and UC are unable to reach agreement at the bargaining table and impasse is declared, it would be legal for CUE to strike over any issue being bargained, including economic demands. CUE's entire contract would expire in September 2004. Bargaining for a new contract would begin in May 2004.

If we accept the proposal and have a contract in place, we will have access to the arbitration process to resolve grievances.

EXPLANATION OF A "NO" VOTE: If the majority of CUE members vote "NO," this is what would happen in terms of the bargaining process: the voluntary mediation process has come to an end, so UC and CUE would be required to resume bargaining. It is reasonable to expect that UC would soon declare the bargaining process to be at "impasse" and that the official 90-day impasse procedures would be initiated. If the Public Employment Relations Board agrees, that process would begin. This is a 90-day process and includes mediation and a "factfinding" process, in which UC and CUE would present evidence and witnesses to support their positions. Two of the panel members would be selected by CUE and UC (one each), and the third would be a mutually-accepted "neutral" party (often a labor arbitrator). If CUE and UC are unable to agree on a neutral party, the PERB would appoint someone.

The panel's findings would be advisory only. Once the 3-person panel issues a "finding," and even if that finding were to favor the union's position, the university would be allowed to implement language on wages and other contract issues that are based on UC's "last/best" offer in bargaining. This would not need to be the same language as is included in the mediator's proposal. At that point, CUE members would have the legal right to strike on economic issues (i.e., a poor wage offer.) In the meantime, CUE could file charges on any unfair labor practices committed by UC that might provide the basis for a legal ULP strike.

If we reject the proposal and do not have a contract in place, we will not have access to the arbitration process to resolve grievances.