| Coalition of University Employees (CUE) | 2855 Telegraph Ave., Suite #302, Berkeley, CA 94705 Contact CUE (510) 845-2221 (phone), (510) 845-7444 (FAX) |
| Santa Barbara Local #1 |
CUE and UC will be bargaining this Thursday and Friday, so let's hope that UC decides to bargain in good faith! Barring that, the strike is on for next Monday through Wednesday! This e-mail should hopefully answer all your questions. Pay special attention to the section on why our strike is LEGAL. If you still have questions after reading this, feel free to call us at 685-5550 (but only after thoroughly reading this e-mail!). Also, please forgive the length of this e-mail, but it's our last chance to answer everyone's questions.
In this e-mail
1) What to do during the strike.
2) Info for part-timers.
3) Info for non-CUE represented employees.
4) Legality of striking and response to labor relations e-mail of October
8th.
1. Don't show up to work. You can still park on campus (put a sign
in your window that says "On Strike!"). Instead of going to your job,
go to one of the picket lines between 700 a.m. and 530 p.m. The picket
locations are
If you aren't sure where to go, please come to Cheadle Hall.
NOTE: Some picket locations may be combined or moved over the course of the strike. If you go to a location and find no one there, please go to the next nearest location.
2. At each location there will be a picket captain. You should check in with them. If numbers at different locations are too imbalanced you may be asked to move to another location. Please try to follow the instructions of the picket captains. Consideration for physical limitations will be taken.
3. The union is offering strike benefits to those who need it ($60/day for full-time employees; $30/day for part-time employees). To be eligible for strike benefits, there are only two requirements (1) you \ must be on a picket line at least 4 hours, and (2) you must be (or become) a CUE member. Membership forms and benefits forms will be available on the picket line. Benefit checks will be sent out within a few weeks.
4. We strongly encourage everyone to stay at the picket line for longer than four hours. Four hours should be considered a minimum. For our strike to be effective we need to have a strong visible presence.
5. On Monday and Tuesday there will be a Teach-In/Speak-Out at the UCEN at Noon. If you have something you'd like to say to the public and potentially the press, feel free to move to that picket location at noon.
6. You can go inside to get lunch or use the facilities (that's not considered crossing a picket line), but please rejoin us after lunch. Do not go to work for part of the day. Striking means withholding labor.
7. We'll end our strike on a note of unity. Wednesday we will have a final rally at Noon in front of the UCEN, eventually marching over to Cheadle Hall.
Other info you might want to know
Those working half time who strike will retain all their benefits (except for disability coverage on the days of the strike). Vacation time and service credit are accrued on a per hour basis, so will be minimally affected, but you will most likely not accrue sick time for October. Call 685-5550 with questions.
Non-clerical employees who support CUE's unfair practice strike by engaging in a sympathy strike are engaged in protected activity and "stand in the same shoes" as the primary strikers. Thus, they cannot be fired or disciplined for joining us in the strike.
Below this is a lengthy point-by-point rebuttal to the latest UC e-mail, but the basic facts you need to know are
POINT-BY-POINT RESPONSE
UC WRITES:
Q. Can CUE legally strike at this time?
A. The state labor board (PERB) has consistently ruled that it is
presumed illegal for a union to engage in or support a strike before
the entire bargaining process, including impasse procedures and
mediation, has been completed as required by state law. Why is this?
Strikes are to be regarded as a last resort and should only be considered after all other attempts at settlement, including impasse and mediation, have been exhausted. The collective bargaining process is deliberately designed to provide a fair, structured, professional process by which labor and management can negotiate and resolve differences. Recognizing that the two parties may not always be able to agree between themselves, it also allows one or both parties to declare impasse and seek assistance with the help of a professional, neutral state-appointed mediator. This is the legal avenue for resolving disputes. Further, strikes are typically adversarial and antagonistic, and they often times do more to frustrate contract settlement than facilitate it, and serve to erode productive labor-management relations rather than strengthen them.
For these reasons, any strike that occurs before the entire bargaining process, including impasse proceedings and mediation, has been completed is considered an unfair and a bad faith attempt to influence bargaining and, therefore, is presumed illegal.
CUE'S RESPONSE:
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.
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.
In response to CUE's strike activities at UC Berkeley and UCOP, the University filed an unfair labor practice charge with the Public Employment Relations Board (PERB), the state agency that oversees labor-management relations among California public employers. On Tuesday, Oct. 2, PERB issued a complaint against CUE for its Aug. 26-28 strike activities at UC Berkeley and UCOP. On the same day, PERB issued a similar complaint against the American Federation of Teachers (AFT) for its August 26-28 strike activities at the Berkeley campus.
The complaint is a formal notice from the state that requires the union to appear before PERB and present arguments in defense of its actions. University representatives will also attend the proceedings and have an opportunity to be heard.
If PERB determines that UC has not committed any unfair labor practices, and if CUE calls a strike before completing the impasse procedures, CUE and employees who participate in the strike will have engaged in an illegal action. Employees 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'S RESPONSE:
The university would have you believe that of the nearly 30 ULPs that
CUE has filed against them, not one will be upheld by the PERB. At the
same time, UC states with such force that the single complaint issued
against CUE is proof that Berkeley's strike was illegal and that all other
strikes will be found illegal as well. Of the 30 ULPs that CUE has filed
against UC, there are at least 10 formal complaints issued against UC.
We are confident that we have strong evidence to present to the PERB
and that our complaints will be upheld. Additionally, we welcome the
opportunity to present evidence before PERB proving that Berkeley's
strike was legal and that we stand on firm ground to strike at other locals.
As the bargaining record shows, UC has been negotiating very seriously with CUE since May 2001. Over the last year, the University has bargained with CUE approximately one of every four working days, and UC has put numerous good faith, comprehensive proposals on the table. In fact, UC and CUE have actually reached tentative agreement on 37 of 48 issues.
Progress at the bargaining table and contract settlement requires that both sides have reasonable expectations and proposals, and are willing to compromise.
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'S RESPONSE:
Our bargaining record shows a very different picture. It shows a picture
of UC putting proposals on the table and then later withdrawing them stating
they didn't have authority to make that proposal; of UC offering 1.5% for
2001-2002 and then "clarifying" that it may be an empty offer depending upon
funding from the state; of actual signed agreements being broken by UC. Our
bargaining record shows a pattern that has come up in the bargaining process
of nearly every other union at the university, which is why UC-AFT is
striking
with us and why other unions are supporting us. CUE is curious why Leslie
Sanchez and the UCSB Labor Relations department claim to know anything
about UC's bargaining record when, in fact, no UCSB LR employees have
attended any bargaining sessions that were not held in Santa Barbara.
UC states that bargaining requires compromise. UC has not changed their offer of a 1% raise for 2001-2002 since first proposing it over a year ago. CUE, on the other hand, changed our original request of 15% for one year to 7.5% for 2001-2002 and 7.5% for 2002-2003 for a total of 15% over 2 years. UC has not yet countered that proposal, yet appears to want CUE to bargain with itself and lower it's demands. How does this show willingness to compromise?
CUE'S RESPONSE:
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. They
continually refuse to bargain in good faith by sending negotiators with no
authority to make decisions, showing up late to bargaining, taking away
agreements already made, refusing to provide necessary information for
bargaining, and more.
CUE members feel that they're up against the wall. If the University won't negotiate in good faith, we need to make our voices heard in some other way.
CUE'S RESPONSE:
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'S RESPONSE:
CUE members are not obligated to strike, but 88% of them voted and 90%
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 RESPONDS:
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'S RESPONSE
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'S RESPONSE:
We're glad that UC is finally providing this information. Basically, the
above information says that 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.
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. CUE's statements that UC is only offering clerical
employees 1 percent raises for 2001-02 are inaccurate and misleading.
UC continues to offer clerical employees the same 2 percent general salary increase for 2001-02 that all other UC staff employees received. The 2 percent just looks different because of the agreement UC and CUE made when the prior contract was negotiated. When UC and CUE negotiated the 1998-2000 contract, they agreed that clerical employees would receive a 1 percent increase out of the 2001-02 salary program in September 2001, which is what happened. Since UC received only 2 percent salary funding for its 2001-02 salary increases, this left a remaining 1 percent from the 2001-02 salary program to be negotiated, which is exactly what the parties are currently doing. 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 increase, provided sufficient state funding.
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 RESPONDS:
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. 1% does not constitute a wage that makes living
in Santa Barbara affordable. (See answer below about how CUE
members are underpaid.)
CUE RESPONDS:
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 RESPONDS:
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 RESPONDS:
More info on CUE's position is available at www.cueunion.org.