CUE NEWSLETTER NO. 9
Summer 1999
Clericals Win Raises Without Giving in on Work Rules
CUE achieved a huge success in its May 23 bargaining session, when UC bargainers dropped conditions they had previously demanded in return for releasing the salary increases due to clericals since October 1998. UC had been withholding clerical merit and cost of living (or range adjustment)increases, despite the fact that the university had already received the money from the state legislature, and other funding sources. Over several months, CUE held off a series of conditions from management: At first, UC wanted the union to agree to increased parking fees in exchange for the pay raise. Later UC wanted the union to agree to removing steps in the salary structure. Finally, UC asked that the union give UC the unilateral right to institute new work rules governing such things as dress codes and attendance standards, which could allow for clericals to be disciplined for legitimate use of earned sick leave. These "work rules" would have applied during and even outside an employee's work hours. In previous discussions about the possibility of releasing the October 1998 increases, UC said that if the money were to be released, it would be in the form of an average, with most individuals receiving either more or less than they had actually lost, but CUE held out for full retroactivity back to October for each individual employee, casual and career, based on salary, as well as merits for eligible clericals. For a copy of the exact language including definitions of eligibility for employees who are no longer in the clerical unit, please see the union's web page "wage agreement", or call a local campus CUE contact, or call CUE at 510-845-3447.
As bargaining continued, CUE used its extensive email lists to invite clericals to tell the union what they thought of the union's position--namely, that UC should release the 2% without being allowed by CUE to unilaterally institute any work rules, ridiculous or not. Over 90% of those responding said that this would be an unfair and unnecessary trade off, and encouraged CUE to stand firm on work rules. "The responses were smart, funny, heart-warming, and encouraging," said CUE bargainer Debbie Ceder, from UCSB. CUE bargainers handed over the hundreds of responses to UC bargainers in April.
These responses, together with the hard work of hundreds of clerical employees who wrote to their legislators and local chancellors, were part of the pressure that caused UC to agree UC claims it may take up to 150 days after the agreement is signed at the next bargaining session (June 23) to process the checks for the retroactive wages. The 2% increase will show up in the August paychecks on most campuses.
This success follows a CUE/UC agreement on Compassionate/Catastrophic leave giving clericals on each campus access to this program, which allows clericals to donate earned vacation leave to colleagues who need additional time to deal with health problems. That agreement did not come easily, and is credited to the many clericals, especially those at Irvine, Berkeley, and LBNL, who protested their campus' reluctance to implement programs. (See separate story.)
Membership and activism have gotten us the gains we have won so far. And we have so much more to do if we are to bargain an entire new contract," said CUE president Elinor Levine. She added "the most effective way to tell UC that clericals mean business is to show UC a growing membership that supports the legal representative, CUE. I urge people to take the easy step of joining. It can make a very big difference."
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CUE @ LBNL: Where CUE won compassionate leave for all UC campuses
Due to the hard work of CUE activists throughout the UC system, by early 2000, Compassionate Leave (or Leave Sharing) will be available to all UC clericals, who may donate some of their earned vacation hours to co-workers who have run out of hours to cover time needed for certain health situations. The fight for Compassionate Leave was not easy and required state-wide cooperation and coordination by CUE. The last major site to refuse to allow Compassionate Leave was Lawrence Berkeley National Laboratory, or LBNL. Clericals on every UC campus owe a debt of gratitude to the prolonged campaign waged by CUE activists at LBNL as their success made it possible for a statewide leave-sharing policy to go into effect.
After some discussion in UC/CUE bargaining last fall, UC agreed to extend the leave program to all campuses except Berkeley, Irvine and LBNL. Berkeley CUE instituted a letter writing campaign after which UC bargainers said they would give this leave benefit to clericals at each campus after all -- except LBNL. When they asked "why?" Lab employees got a succinct and straightforward reply from Lab Management: "Because." Refusing to leave LBNL clericals out in the cold, CUE's bargaining team replied that they would not sign until all were covered, including LBNL clericals.
CUE activist Jackie Gamble described the start of their campaign. "At that time the Lab was in the middle of its annual charitable giving drive, the 'Shares' program. Everyone had received letters from the Lab Director asking them to participate in the program. We asked clericals to send the director letters reminding him that 'Sharing begins at home.' We also asked people to send in their 'Shares' forms with an attachment indicating that if they had the opportunity, they would have donated leave to their co-workers. We distributed fliers, a poster, and a newsletter high-lighting the case of a well known and beloved co-worker who had spent his last days working because he had run out of leave and could not afford to go out on disability."
When U.S. Secretary of Energy Bill Richardson visited the Lab in the fall, UPTE (the union for techs and professionals), which had made an appointment to meet with him, invited CUE to join the meeting. CUE's John Randolph and Gamble raised the "Shares" issue with Secretary Richardson, who addressed the lab later that day, emphasizing that the Department of Energy supports those who do the work -- and that he hoped the Lab operated in the same way.
A month after Secretary Richardson's visit, UC and CUE signed off on an agreement for compassionate leave that included ALL clericals at ALL campuses. "An agreement was not all we achieved," said Gamble. "Membership at the Lab increased by over 50% during that campaign and has grown steadily since then. People saw that they could make a difference by joining. By being mean-spirited and petty, the lab activated many people of good will to want to help. Dedicated member activism was the most valuable tool we had."
BARGAINING HOTLINE:
For the most up-to-date report on CUE's bargaining with UC, you can call this toll-free number: 888-900-8989.
Q: WHAT DO UC NURSES & TEACHING ASSISTANTS HAVE IN COMMON? A: BIG WINS!
UC's Teaching Assistants (TAs) and nurses are to be congratulated for recent labor wins. The TAs (known on some campuses as Graduate Student Instructors, or GSIs) are in the final phase of winning a 16-year battle to have their union recognized by UC for representational purposes. Despite earlier elections and rulings that UC should recognize their union, UC has refused to do so, appealing the rulings and claiming that the workers were really students and not employees. In early spring 1999, UC announced that if the TAs' union, the United Auto Workers (UAW) won elections, UC would recognize it. Since then elections have been held at Berkeley and UCLA, where the union won overwhelmingly. The UAW represents staff at more than 20 colleges and universities.
UC has long recognized the California Nurses Association (CNA) as the exclusive representative for the university's nurses. In May, and in record time, the CNA wrapped up contract bargaining for all UC nurses. It is believed that one reason that CNA was able to bargain relatively quickly is that they signed up several hundred new members in the last few months, the implications of which were not lost on UC bargainers.
CUE @ UCLA: Steward Vindicated
When UCLA's Dentistry School put CUE bargaining team member Lyn Kelly on "investigative leave" last August, saying that they believed Lyn had misused confidential donor information, local CUE activists immediately recognized UC's "investigation" as illegal retaliation against Lyn for her union activities. (In addition to her work on the bargaining team, Lyn is a CUE steward and also helped put out a union newsletter in Dentistry.)
UCLA has now acknowledged Lyn's innocence. CUE filed an Unfair Labor Practice charge with the state Public Employment Relations Board (PERB). As part of the settlement of this charge, all clerical employees in Dentistry received a letter from Assistant Dean of Dentistry Kathleen Kiser clearing Lyn of any wrong-doing. The letter also promises that UC will not retaliate against any employees who choose to participate in union activities.
Unfortunately, other issues remain to be cleared up in the School of Dentistry. PERB has issued another complaint against Dentistry for its decision to layoff several long-time employees last year. The University's actions have already caused some problems for the school. A major donor to the School of Dentistry suspended his donations when he learned about these layoffs. Although CUE continues to discuss a possible settlement with the University, if those talks break down, Kelly suggested that CUE may have to send a follow-up letter to Dentistry donors to let them know the matter is still not resolved.
Settlement Agreement SF-CE-515-H
After participating in an informal settlement conference with the PERB, the Coalition of University Employees and the Regents of the University of California UCLA School of Dentistry hereby agree as follows:
1. The UCLA School of Dentistry agrees to send the attached letter to all clerical employees at their home address (on School of Dentistry letterhead and envelope) employed at the School and exclusively represented by CUE, no later than March 26, 1999
2. If any information regarding this settlement agreement is released by either the UCLA School of Dentistry or CUE, it must be published in its entirety and not paraphrased, edited, or with language added.
3. The UCLA School of Dentistry shall immediately remove and destroy from Ms. Kelly's personnel file the two letters regarding Ms. Kelly's investigatory leave.
4. CUE hereby withdraws its ULP and grievance.
Signed for the UCLA School of Dentistry:
Kathleen Kiser, Assistant Dean
Tina Simmons, Employee Relations Manager
Signed for CUE:
Claudia Horning, representative
Lyn Kelly
Attachment: Letter to Employees
Dear School of Dentistry Clerical Employee:
This letter is to apprise you of recent activities within the School of Dentistry which may be of concern to you. Evelyn Kelly was placed on investigatory leave in August 1998, for alleged unauthorized use of School of Dentistry donor information. Because this was a confidential personnel matter, we did not disclose the nature of the investigation. The investigation did not substantiate any wrongdoing and Ms. Kelly returned to work with no loss of pay.
It has come to our attention that some employees are concerned about their right to participate fully in Union activities. This is to inform you that we support and encourage all employees to join and participate in Union activities if they choose. The School of Dentistry will not retaliate or punish employees for participating in Union activities.
Sincerely,
Kathleen Kiser
Assistant Dean, School of Dentistry
CUE Takes Clerical Concerns to Sacramento
"To everyone who wrote your legislator about our wages, thanks! Your message was heard loud and clear in Sacramento," said Berkeley CUE member David Kessler after a recent trip to Sacramento. Kessler was part of a delegation of unionist from 6 UC unions speaking up for UC employees in meetings with state legislators. The unions were CUE, for UC's clericals; UPTE/CWA, representing techs and professionals; CNA, representing nurses; AFT, for lecturers and librarians; and AFSCME, which represents service workers.
The union lobbyists met with 21 legislators on key committees to discuss an area of shared concern -- UC's relations with its employees and unions. The unions called for legislative hearings into UC's history of labor relations, citing some specific problems. First, were the problems of wage increases held up while UC is in bargaining and UC's lack of accountability for wage money allocated by the state. The unionists cited UC's failure to remain neutral in union elections, most notably the Teaching Assistants, who estimate that UC has spent 4 million dollars since 1995 to prevent them from being recognized. The unionists also discussed campus labor relations offices that refuse to settle grievances, forcing employees to give up or file expensive lawsuits to get resolution. Arguing that UC's anti-labor position should not be funded with taxpayer dollars, the unionists found receptive audiences on both the Senate and Assembly sides.
A hearing is now scheduled for August, where these problems will receive greater legislative attention. In addition, the unions have introduced language into the budget that calls for UC to carry over unspent wage money from year to year, and calls for greater accountability by UC for state money allocated for staff salaries.
CUE ASKS: Where Does all the Money Go? (Far, Far Away . . . )
In fall of 1998, when UC first decided to withhold a 2% pay increase for its clericals, the University gave its top administrators pay raises averaging 18%. UC officials said that the increases, which went to UC's chancellors and president, were needed to keep the executive salaries at the level of those for top executives at other schools. Those salaries are listed below.
Long-term UC staff will recall that increases for most UC staff were temporarily delayed -- due to a poor state budget year -- starting with the July 1, 1994 merit date. This temporary delay continues today -- 6 years later, even after the UC and state budgets have improved. Berkeley clerical Patrice Stone has tried hard to get a straight answer from UC about the situation, questioning everyone from the Chancellor to Labor Relations staff. She reports "I think we deserve an answer, but we sure aren't getting one. UC has made no move to restore the merit dates, even when saying it has enough money to make these giant increases to top administrators."
| CHANCELLOR | CAMPUS | OLD SALARY | NEW SALARY |
|---|---|---|---|
| J. Michael Bishop | San Francisco | $274,000 | $323,300 |
| Robert M. Berdahl | Berkeley | $230,000 | $271,400 |
| Albert Carnesale | UCLA | $230,000 | $271,400 |
| Larry N. Vanderhoef | Davis | $204,300 | $241,100 |
| Robert C. Dynes | San Diego | $204,300 | $241,100 |
| Henry T.Y. Yang | Santa Barbara | $201,000 | $237,100 |
| Ralph J. Cicerone | Irvine | $202,500 | $234,800 |
| Raymond L. Orbach | Riverside | $194,000 | $229,000 |
| M.R.C. Greenwood | Santa Cruz | $190,000 | $229,000 |
| Richard C. Atkinson | President | $263,500 | $310,900 |
CUE activists from every campus meet & renew pledge to build a union that fights for... RIGHTS, RAISES, AND RESPECT
May 1, or May Day, is a traditional workers' holiday, so UC clerical workers from Davis to San Diego got together on May 1 and 2 -- to work! "In CUE we have accomplished a huge amount since our election two years ago, but the amount of work ahead of us is also huge," said CUE activist Judie Murray who traveled from UCSD to the May 1 Berkeley meeting. The gathering of CUE activists re-confirmed CUE's pledge to work for "rights, raises, and respect" for all UC clericals, and they made specific plans for accomplishing these goals.
Discussion covered many areas -- legislation concerning UC's budget and spending patterns; bargaining status; progress on adopting statewide and local constitutions; literature; ways to increase communications to and from the 18,000 people in the clerical unit; grievances on various campuses. The discussions focused on the need to convince those clericals who have not yet joined the union to do so. In the words of UCD CUE activist LeAnn Herigstad, "Everyone knows perfectly well that you can't have an effective union without a large membership. Everyone just needs to act on that knowledge!"
This was the first statewide CUE meeting for UCI Library Assistant Elaine Hernandez, whose parting words were "I'm really glad I came. This is such an impressive group, and their commitment to build CUE is terrific. I'm going home feeling very hopeful about our future as a strong and effective force for our rights, raises, and respect."
CAN YOU HEAR US?
If you use email & you aren't receiving information from CUE on email, you can fix that situation by letting us know your email address. Email us at clericals@igc.org. If you aren't receiving paper mailings from CUE, let us know that, too, and we'll put you on our snailmail list. Coalition of University Employees, PO Box 618, Berkeley, CA 94701
CUE @ UCSF: UNIONS FIGHTING LAYOFFS
This has been an excellent year for CUE at UC San Francisco, with membership climbing steadily across all 18 UCSF sites.
Last year's victories included steward Marianne O'Connell skillfully helping a clerical retain his job, which was unfairly being taken away. In another major victory three stewards met with management and caused six of the bookstore clericals to be reinstated to jobs from which they had been laid off. A 17-year employee who was wrongfully dismissed was assisted in regaining her job by another steward. And Loretta Anderson, a steward at SFGH, saved one co-worker from certain dismissal. Many more small, individual successes, too numerous to mention, have been won over the year in various departments.
It was of immediate concern to all of CUE, from San Diego to Davis, when UCSF management began putting illegal pressure on CUE activist and steward Kris Amaral, a member of CUE's statewide bargaining committee. After a quick and sharp response from CUE's lawyers, the university decided to back off and stop harassing Amaral.
CUE has been active throughout the year in various joint efforts by all the UCSF unions, most recently focusing on proposed layoffs of employees whose jobs have been threatened by the calamitous UC/Stanford merger. This issue has taken CUE activists to public hearings, the state legislature, and the media. Several of the UC employees quoted in a joint union publication protesting the situation are clericals, including Malcolm Oubre, a 22-year UC employee, Balbir Singh, a 29-year employee, and Tatiana Rainer, a 16 year employee who observed that "most of the employees effected by the layoffs will be senior employees."
More CUE members are coming forward to fill spots for all the vital tasks which need doing. Naomi Schoenfeld deals with the UCSF/CUE phone line, and Karen Trance has taken charge of CUE's email correspondence. At a May statewide CUE meeting, Trance agreed to chair a statewide media committee. "There is much to be done to draw attention to the contradictory realities at UC," noted Trance.
"UCSF clericals are rapidly realizing that we are the union, and they are taking responsibility to do the vital tasks that need doing," said Paul Hessinger, UCSF CUE chair. He added "Each person who joins CUE, especially if they become involved, makes UC listen a little closer -- at the bargaining table and on the campuses. If clericals do not join, we will eventually have to accept whatever UC decides, whether it be pay or dress codes or the abuse of casual workers, or layoffs." The local can be reached at (415) 522-9622
UC President Atkinson Meets with CUE & Other UC Unions
For the first time ever, on May 4 UC President Atkinson met with UC unions to discuss the state of labor relations at the university. The meeting was requested by Tom Rankin, president of the California Federation of Labor, AFL-CIO, on behalf of the UC unions. Rankin pointed out that UC has the reputation as "perhaps the most anti-union public sector employer in the state." The meeting was intended to open discussion on how that situation might change.
With CUE on the union side were 7 other unions: UPTE/CWA, for techs and professionals; AFT, for lecturers and librarians; CNA, for nurses; UAW, for Teaching Assistants; AFSCME, for service employees; SEIU, for interns and residents; and the Building Trades, for workers in the many construction trades. The unions identified for Atkinson four areas where UC's attitude towards employees and unions have been hostile or adversarial.
The first area for discussion was UC's bargaining practices, such as withholding wage increases and the excessive length of time it takes to bargain contracts. Next, the unionists questioned Atkinson on whether UC actually uses all the money for staff salaries that is allocated for that purpose by the legislature each year. The group also cited UC's drive to save money by moving employees off the "step" pay plans and onto pure "merit" plans (also known as "arbitrary" pay plans). Each union cited the tendency of campus labor relations offices to use the grievance process to automatically support supervisors rather than actually resolve workplace problems. The unions expressed a shared concern about UC's long-term use and abuse of casual employees, contrary to the university's own regulations, and UC's failure to remain neutral in elections.
Atkinson appeared surprised by many of the issues highlighted by the union reps. While he made no concrete commitments, and no resolution was reached at the meeting, the unions will follow up with suggestions on how to improve relations.
CUE ON WAGES: UC's Plan and CUE's Plan: A Comparison
In May, CUE mailed to every UC clerical employee an analysis of UC's long-term plans for changes in our wage structure. If you did not receive a copy at your work address (or at your home address if you are a member), let us know, and we'll make sure you get a copy. Or look at it on the cue web page CUE on Wages
CUE @ UCI: Steward fights for clerical rights & respect
"Monika is like a power tool -- she is driven by her desire to right wrongs, not by electricity, but she is just as powerful and dedicated as a union steward could ever be," says CUE president Elinor Levine, talking about UC Irvine CUE activist Monika Hobson. After seven years of watching AFSCME "do things I thought I could do better," Hobson was glad when CUE replaced the other union. She quickly took on grievance and representational work at her campus, usually the most difficult and important work of a union anywhere.
Among Hobson's successes is the case of a 27-year employee who was to be laid off just months before her planned retirement; Hobson's efforts resulted in creation of another job for the employee -- extending her employment to her planned retirement day. She has also had work schedules restored when they were abruptly changed by management, and disciplinary actions rescinded in cases where the action was an improper implementation of a workrule not yet agreed upon by CUE. At some UCI departments, arbitrary dress codes were implemented under the previous union, but Hobson's alert actions have prevented further dress codes from being implemented without bargaining with CUE. "For instance," she explains, "in one department they approve of some colors of denim jeans, but not blue -- this is just absurd!"
Needless to say, Hobson is counting on CUE to successfully bargain language on work rules that will not give management a free hand to develop new arbitrary rules, and when contract bargaining came to the Irvine campus, Hobson took vacation time to observe the process. Later, she was startled to learn that the UCI management bargainer had contacted her department to make sure that her supervisor knew that Hobson was not entitled to paid release time for this purpose (the explanation offered by UCI Labor Relations Manager Ann Finan). "The idea that Monika or her boss didn't know the rules or that Monika, of all people, would cheat is just ridiculous," said co-worker and UCI CUE chair Linda Salas. "They just wanted to be sure her supervisor knew where she was." Fortunately for CUE and for clericals at UCI, Monika Hobson is happy to exercise her union rights and she continues to be a most effective steward.
CUE @ UCSC: Union Campaign Stops Involuntary Transfers
Members of the UCSC Extension Marketing Department heard upsetting news at a staff meeting when the Marketing Director announced that when the rest of Extension staff was to move to a building under construction in Santa Cruz, the Marketing group would be transferred to a location an hour away in Cupertino.
The 10-member staff, comprised of CUE and UPTE members, was deeply dismayed. They would be losing their mileage allowance and paid travel time while facing a 2-hour daily commute on Highway 17 (termed "the most dangerous freeway in the nation" by the California Highway Patrol) with an additional $2000 in expenses for gas, insurance and maintenance. The mothers in the group would have the impossible task of getting their kids to school at 8:00 and picking them up from daycare at 5:30 while spending an 10- or 11-hour day out of town.
The workers quickly turned to their unions for help. CUE contested management's failure to give proper notification and added the issue to contract bargaining. When the unions went to the Central Labor Council, AFL-CIO for support, they learned that UC's motives for the move were quite interesting. In order to avoid having union workers build the new structure in Santa Cruz, where other Extension staff were moving, UC had to guarantee that less than 50% of the building's occupants would be state or UC employees. As the arithmetic worked out, this meant that the Marketing employees would be sent elsewhere. This situation attracted much public attention, and when a demonstration was held at the building site, the workers and their supporters were joined by five City Councilmembers, including the mayor. When the staff members started a petition pointing out the disruptions the move would cause to UCSC Extension itself, they received tremendous backing from their co-workers at the Santa Cruz facility. Some department heads and managers also wrote letters of support. Finally, Extension's Dean announced that the Marketing Director had rescinded his request and that the Marketing Department would be staying in Santa Cruz after all. And the general contractor agreed to use union electrical workers during building construction. "It was a great example of how we can win things by working together," said UCSC CUE president Zoe Sodja.
"Agency fee"
"Fair share dues"
"Mandatory fees"
Legislation pending in Sacramento may make these terms a reality at UC. Want to find out what they mean and how they might affect you? See the CUE web page for Agency Shop Information, call your campus CUE contact or CUE at 510-845-3447 to set up a meeting on your campus to discuss these developments.
STAFF FOR THIS ISSUE:
Marilyn Abbink, Claudette Begin, Jane Drury, Jackie Gamble, Paul Hessinger, Monika Hobson, Claudia Horning, Lyn Kelly, Elinor Levine, Linda Salas, Judy Shattuck, Zoe Sodja, Patrice Stone.