Summary of the Mediator's Proposal
April 9, 2003
This is a summary of the Mediator's Proposal. See also the full text of all contract article language facilitated by the mediator.
The Mediator's Proposal includes previously agreed-to articles (summarized on the following pages), the two wage offers described on the enclosed ballot, and the following changes to the CUE/UC contract. Full text of the proposal and tentatively agreed-to articles are on the CUE web site. If you don't have access to the web call the statewide CUE office at 1-888-900-8989 or contact the CUE local on your campus.
Access/Union Rights: This article is basically the same as in the previous contract. A few technical areas have been cleaned up.
Arbitration: The language concerning expedited arbitration has been expanded slightly to encourage use of the expedited procedure.
Duration: This contract will cover the period from October 1, 2001 to September 30, 2004. In the third year (October 1, 2003 to September 30, 2004) the parties will bargain on limited "re-openers." Wages and parking will be bargained. In addition each side will be able to open one more article if they choose to do so. Dates for bargaining will be set by May 1, 2003. During this third year the No Strikes article in the CUE contract will be suspended. This means that CUE will be able to strike based on unfair labor practices prior to any impasse procedures. After impasse, CUE will be free to engage in an economic strike even while the contract is still in effect.
Health & Safety: The language at the beginning of the article is changed. In the past the University had to make "reasonable attempts" to maintain a safe and healthful workplace. Now the language says that the University shall maintain a safe and healthful workplace. In addition UC has agreed to perform ergonomic assessments for new employees or those who are "reassigned." Career employees can request an ergonomic review through the normal channels on each campus. Failure to perform an ergonomic review is grievable. The rest of the language remains very close to current contract language.
Holidays: UC may substitute the Cesar Chavez holiday for the administrative holiday.
Layoff and Reduction in Time: Current language requires that employees be laid off in inverse order of seniority except in cases of "special skills." The new language defines a special skill as something which cannot be learned in less than 6 months. In addition UC agrees that it will not ask employees to give up their seniority rights. Notice must be given to CUE at the same time it is given to employees when layoffs are planned. Laid off employees will be given a choice of severance pay and retaining recall/rehire rights.
No strikes: New language is very similar to current contract language. It has been somewhat simplified.
Parking: Parking rates for CUE represented employees will be increased to the 2002 rates paid by other staff as of April 1, 2003. No retroactive increases will be charged and no new fees will be deducted from employees until after ratification. For fiscal year 2003-2004, CUE represented employees will pay the same parking fees as other employees. However, at any location where increases in fees have not yet been announced, the increase is limited to $5/month. For 2004-2005 CUE and UC will bargain parking rates.
Past practices: Where practices have been in existence and the University wants to change those, it must give notice to CUE and meet with CUE if CUE requests.
Contract Changes Tentatively Agreed to prior to Mediator's proposal:
The following articles were tentatively agreed to at various dates during bargaining between CUE and UC, prior to mediation.*
Agreement: Previously UC could reclassify an employee out of the bargaining unit and then notify CUE. If CUE disagreed, CUE had to appeal the decision to the state of California's Public Employment Relations Board (PERB). New language now conforms to the law and provides that employees cannot be removed from the bargaining unit without CUE's agreement. If CUE and UC disagree, PERB will decide.
Corrective Action: UC will no longer be able to turn a paid investigatory suspension into an unpaid disciplinary suspension. Discipline will have to come after the investigation is complete.
Grievance: Language requiring UC to acknowledge receipt of filed grievances was clarified.
Hours of Work: The new language provides new protections against arbitrary schedule changes. The changes must be for business reasons. Requests for alternate work schedules may not be unreasonably denied. When assigning overtime supervisors will take into consideration an employee's individual circumstances that might make working overtime difficult or impossible.
Performance Evaluations: The new language requires that new and transferring employees be told when to expect an evaluation. Probationary employees will receive a mid-point evaluation.
Personnel Files: The new language clarifies and expands what can be removed from an employee's file. Current language allows documents relating to discipline to be removed after two years. New language expands that to include: disciplinary letters, documents concerning conduct or work performances, counseling memos and written records of discussion. The language was cleaned up and made more understandable.
Positions: New language limits the use of "limited appointment" and "floater" positions and defines when use of these positions is appropriate. The maximum time an employee can work as a floater was extended from 18 to 24 months.
Probationary Period: New language provides that a limited appointment who is hired into the same position and thereby becomes career will be credited with 3 months toward the completion of probation. It also requires that if probation is to be extended, the employee must be notified in writing at least 7 days before the effective date of the extension. The notice must include the reason for and the duration of the extension. Finally a probationary employee must receive a written evaluation at approximately the mid-point of the probationary period.
Reduced Fee Enrollment: This is a new article. Most of the language here used to appear in the benefits article. It allows employees who enroll in University classes to pay a reduced fee. The following new language was added: "If the University determines to provide educational fee waivers to University staff and for dependents, it will apply to members of the clerical unit to the same extent as for any other staff employees."
Resignation: New language requires that UC conform to the law and pay employees who quit within 72 hours of their last day on the job.
Subcontracting: This is a new article in the CUE contract. It provides that no career employee will be laid off as the result of subcontracting. If UC subcontracts out any work, it must provide work for all effected employees.
Transfer/Promotion/Reclassification: New language provides that the University has to make reasonable attempts to inform employees of the process for requesting a reclass. The University will acknowledge in writing an employee's request for a classification review and will provide the employee with a written response as soon as possible but no later than 120 days from date of receipt of the request. The University will issue the written decision to both the employee and the department.
Vacation Leave: New language allows employees to use vacation leave as soon as it is earned. The previous language did not allow use until the 6 month probationary period was completed.