CUE's Response to UC's Propaganda

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.

UC: CUE, the union representing UC clerical employees, has recently asked clerical employees to strike at UC campuses, which may include Riverside. UC believes it is critical that clerical employees understand the implications of such an action so they can make an informed choice about whether to consider participating in this strike. Below are answers to some important questions.

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.

UC: FACTS ABOUT STRIKES

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: The fact is, CUE can declare a strike to protest the University's UNFAIR LABOR PRACTICES, which is what we've done here. The University of California has engaged in many UNFAIR LABOR PRACTICES statewide and many have been filed and continue to be filed with PERB. The problem is that filing UNFAIR LABOR PRACTICE charges does not seem to deter UC from continuing to break the law, which is why we have resorted to calling a strike. CUE will continue to bargain in good faith with the University. It is now up to the University to bargain in good faith with CUE. 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: Q. CUE is accusing the University of several unfair labor practices, which it says allows clerical employees to legally strike now rather than wait for the legal impasse procedures to occur. Is this true?
A. CUE has filed unfair practice charges. UC is responding to those charges and is supplying evidence to state authorities to demonstrate that the charges are without merit. In order for CUE to legally strike based on those charges, it would have to prove to state authorities that UC violated state law, and that the violation was so serious that it interfered with good faith bargaining. UC has bargained in good faith throughout these negotiations in an effort to reach a fair and equitable settlement and is therefore confident that CUE cannot establish bad faith bargaining. Unfortunately, no one will know whether a CUE strike is legal or not until a decision is issued. The safer course of action is to await that determination before engaging in any work stoppage.

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?

UC: Q. What if CUE actually goes through with an illegal strike?
A. If state authorities determine that UC has not committed any unfair labor practices, and if CUE calls a strike before following the impasse procedures, CUE and employees who participate in the strike will have engaged in an illegal action. Workers may be disciplined for engaging in an illegal strike, and CUE is subject to court or administrative action. Moreover, the work of the University and its students will be adversely affected.

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.

UC: Q. CUE is alleging that the University is making illegal proposals and is attempting to cut short the bargaining process prematurely and force an impasse. Is this true?
A. Progress at the bargaining table requires that both sides have reasonable expectations and proposals, and are willing to compromise. UC and CUE have been negotiating for over a year on a new contract for clerical employees and have reached tentative agreement on 37 of 48 issues. Over the last year, the University has bargained with CUE approximately one of every four working days. The University recently presented CUE leadership with two proposal choices intended to resolve the remaining issues and to conclude the negotiations. UC believes there is nothing illegal about its actions and remains committed to reaching agreement on a contract.

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).

UC: Q. Is a strike really necessary to reach a settlement?
A. No, a strike is not necessary. The union is threatening a strike in an attempt to put pressure on UC in the hope that the University will change some of its positions, especially on pay. A strike doesn't serve anyone, and it will not change UC's fundamental commitment to reaching a fair contract. The quickest way to a contract settlement is to reconcile differences at the bargaining table.

CUE: 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.

UC: Q. If a strike is called, does that mean I will not be able to come to work?
A. No. Under the labor laws, employees are free to make up their own minds about crossing a picket line and continuing to work. Union members and others have a right to refuse to participate in a work stoppage.

CUE: This is exactly true, and we have never said anything to the contrary. We do want you to realize however, that by saying this, the University is trying to divide us, intimidate us, and cause enough doubt so that you will think twice before deciding to walk. There is strength in numbers, and with a majority of the clericals at Riverside members of CUE, it scares them into making statements like this.

UC: Q. If I'm a dues-paying member of the union, am I obligated to participate in the strike? Can I be penalized for not striking?
A. No employee is ever under any obligation to strike. Unions are legally prohibited from threatening or coercing members in other ways to keep them from coming to work. However, some unions have the right to levy fines against members who choose to work during a strike.

CUE: Can you see the intimidation tactic? Do you wonder why your employer is so concerned all of a sudden about your relationship with your union? It's because they are scared, and they want you to be too scared to strike.

UC: Q. What should I do if I want to work but I am being blocked from doing so or I'm confronted by picketers or striking employees?
A. Pickets are lawful so long as they are peaceful, conducted only on public property (i.e., sidewalks), do not block access for other employees, do not interfere with the normal course of business, and do not prohibit non-striking employees from working. Non-striking employees should avoid confrontations and are free to not respond to any comments that picketers may direct at them. Non-striking employees should also not invite or engage in any exchanges, which might inflame the situation. If you feel you are being harassed or prevented from working by picketers or striking employees, tell your manager.

CUE: You will NOT be blocked from coming to work, we just won't do that! We have conducted rallies on this campus before, and have been loud, but never abusive. In fact, we have been so peaceful, that the campus police department has never had to do ANYTHING against us. There is simply no need. Again, this is another intimidation tactic! Aren't you tired of this?

UC: Q. If I come to work, what pay and benefits will I receive?
A. Employees who come to work will receive the same compensation and benefits as they did before the work stoppage.

CUE: DUH!

UC: Q. If I don't come to work as a result of a CUE strike, will I continue to receive my pay and benefits, and may I use compensatory time or vacation for the time that I miss?
A. Employees will not be paid for time lost due to participating in a strike. Employees who participate in a strike will not be allowed to use compensatory time or vacation leave to make up for the pay they lose because of striking. Benefits that are affected by the percentage of time worked during the month may be affected.

CUE: Payment for work and no payment for non work. Whether we conducted a strike or not, this is simply the way it is^�it doesn't take a rocket scientist to figure this out. Because you won't have worked at 100 percent time, this will effect your earnings of Sick Leave and Vacation. But again, the University is saying this to put fear into you. While CUE cannot match the funds you will be losing, if you are a member, have full-time status, and walk the picket line for a minimum of 4 hours per day of strike, you can qualify for $60.00 per day. Less than full-time status will earn you $30.00 per day. If you have any questions, be sure to ask a CUE representative. For those of you who are not on full time status, please check with us. Those of you on probation, we do not expect you to endanger your job. If in doubt, please contact a CUE representative.

UC: Q. Am I permitted to talk to my supervisor or unit manager about any of this? A. Absolutely. Your manager is another resource for answers and information.

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!

UC: FACTS ABOUT UC'S CURRENT OFFER AND CLERICAL SALARIES

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: NO NO NO! This is another way that the University is spinning their version of the truth. The one percent increase given in September of 2001 was for the LAST Contract. UC simply can't give the same percent over and over! The fact is, clericals have been asked to make do, do without, and help out in hard times, under sometimes hazardous conditions, and for years, we believed the rhetoric. The University has 2.1 BILLION dollars in unrestricted funds. These funds can be used any way they see fit. (For more information on this incredible news, see the CUE web site at: http://www.cueunion.org.) The deferred compensation is an interesting point, considering that they unilaterally gave this benefit to everyone, not just the clericals. It may seem wonderful, but only if you plan on staying with the University until retirement, an event that is becoming increasing impossible to do, given the underpayment of clericals. Most clericals leave the University, to find better jobs at higher salaries for the same job functions they do at UC. In addition, nowhere in this document is the University discussing the MERIT situation. They want to take MERITS away. Merits for a job well done. Forever. They have taken merits away from other Unions, never to return. This is a serious matter for everyone.

UC: Q. CUE asserts that UC has a multi-billion dollars surplus that could be used for salaries. Is this true?
A. No. The University has multiple sources of income, some of which, like private donations and research grants, are restricted to certain uses while other funds are unencumbered by such restrictions. However, the University has a vast array of programs and commitments that it must fund. Consequently, all UC funds are 100 percent committed each year. UC cannot simply "raid" funds dedicated for certain purposes and shift these to others, like salaries. Significant system-wide salary increases can only occur with additional state funds, as was the case in 2000,when the state gave the University of California $19 million in supplemental funs to help boost salaries for employees at lower salary levels. These additional funds particularly helped address salary lags for clerical employees.

CUE: Again, the University is spinning a tale. We are not talking about different sources of income. We are not talking about Restricted funds. The 2.1 BILLION dollars is completely unrestricted. It is money sitting in an account. It has grown to that whopping amount over the course of the last 11 years, even during so-called budget crisis years. They say the money is "committed". If the money is committed, why does UC refuse to disclose to CUE what the money is committed to? UC management can give themselves a 25% raise, but, oops! so sorry clericals, you don't get anything! The state's commitment for salaries for clericals is only 26%. The remainder of your salary comes from other UC sources! Don't let UC snow you on the facts, they CAN afford to pay you more, they CHOOSE not to!

UC: Q. CUE asserts that UC clerical salaries significantly lag the market. Is this true?
A. UC has made measurable progress in recent years bringing compensation for clerical employees in line with the labor market. In 2000, UC clerical salaries lagged the labor market on a system-wide basis by 18.8 percent. In 2001, due to a combination of UC actions and market factors, this lag was reduced to 10.9 percent. After factoring the 2001-02 2 percent wage increase into the current market analysis, UC data suggest that wages for clerical employees are currently lagging the labor market on a system-wide basis by approximately 8-10 percent. However, after factoring in the value of UC's benefits for this group, total compensation for clericals appear to be near market.

CUE: If you are going to factor in benefits, then shouldn't you also be factoring other companys' benefits into the equation? Our salaries, by UC's own fact-finding indicated LAST YEAR that we were 10 percent behind. Cost of living continues to rise, yet our pay does not. What UC isn't telling you is that Medical Expenses next year are going to skyrocket, and guess who is going to have to pay for that? What UC is NOT factoring in is the added costs for parking and for other benefit expenses. As we continue to not get up to par with the rest of our colleagues across the state, we will continue to lag behind, creating an ever-widening salary gap.

UC: Q. Where can I get more information about UC's latest offer and these negotiations?
A. UC's latest offer, special fact sheets on key bargaining issues, and summaries of every bargaining session can be found on the web at: http://www.ucop.edu/humres/labor/cx.html. You may also get additional information and answers to questions by contacting the Labor Relations office.

CUE: If you want the facts and not intimidation, please visit our Web site at http://www.cueunion.org, or contact Riverside's local office at: rivcue@earthlink.net.

Coalition of University Employees, 5005 LaMart, Suite 100B, #6, Riverside, CA 92507
909-788-2558 rivcue@earthlink.net