Important Questions and Answers about Possible Strike Activity by AFSCME

UC has learned that AFSCME, the union representing UC's service workers, may be considering a strike for sometime in the next several weeks at various locations where they represent these employees. Should AFSCME organize a strike, below are answers to some important questions about employees' rights, what managers may say/may not say to employees, and the status of current negotiations. UCOP will provide additional information about the potential of an AFSCME strike as it becomes available.

A. Non-striking employees are free to come to work. The law protects the right of all employees to cross a picket line. Under the labor laws, employees are free to make up their own minds about crossing a picket line and continuing to work. Any employee, including union members, has a right to refuse to participate in a work stoppage. The University will provide security protection around the entrances to work places to ensure that the safety of all members of the University community is not compromised.

Q. Do employees who pay union dues and are union members have a different obligation than non-members to support a strike called or supported by the union that represents them? Can the union member 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, but not agency fee payers, who choose to work during a strike, including a sympathy strike. The employee needs to contact her/his local union representative regarding possible penalties for not striking.

Q. If an employee asks whether s/he can resign from the union, how should I respond?

A. Under California law, if there is no contract in effect between the University and the employee organization, an employee in the bargaining unit for which there is no contract is free to resign his/her membership from the employee organization. However, the issue of union membership is also governed by the rules and bylaws of the employee organization. Employees should check with their union representatives regarding this issue, including the correct procedure for resigning union membership.

Q. What can an employee do if s/he wants to work, but is being confronted by picketers or striking employees and blocked from entering the work site?

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. The University will assist employees who want to work by providing security or transportation across the picket lines.

In addition, non-striking employees should avoid confrontations and need not respond to any comments that picketers may direct at them. Non-striking employees should not invite or engage in any exchanges, which might inflame the situation. If an employee feels s/he is being harassed or prevented from working by picketers or striking employees, the employee should notify their supervisor or campus Labor Relations office.

Q. If an employee comes to work during a strike, what pay and benefits will s/he receive?

A. Employees who come to work will receive their normal compensation and benefits.

Q. If the employee doesn't come to work as a result of an AFSCME strike, will the employee's pay and benefits continue?

A. Employees will not be paid for time lost due to participating in a strike. Benefits that are affected by the percentage of time worked during the month may be affected.

Q. Can an employee engage in picketing or protesting on her/his own time?

A. UC has a long tradition of respecting the civil expression of individual views, and individual employees are free to express their rights so long as such participation is on their personal time, does not conflict with their agreed upon work duties, or violate established University policies.

Q . Can managers respond to questions asked by an employee about the strike?

A. Yes, if an employee asks a question, managers can respond to her/his questions.

• Managers may ask employees if they plan to come to work for the purposes of determining staffing needs.

• Managers should not survey or communicate with employees concerning their intention to participate or not participate in a strike . Such communication could be found to violate employee rights under labor law. Employees should be referred to their union about specific questions regarding union membership, union activities and potential strike activity.

Q. Can AFSCME legally strike the University at this time?

A. The AFSCME contract, including the union's agreement not to strike, is still in effect due to an express provision in the Duration clause of the UC-AFSCME Service Unit Agreement.

Further, 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 may be determined to be an illegal pressure tactic designed to gain an unfair bargaining advantage.

The University of California firmly maintains that an AFSCME strike prior to the end of the impasse process is unlawful. As you may be aware, the UC position is that the parties have not completed the HEERA negotiation process, including the mandatory statutory impasse procedures. PERB has consistently held that strikes before completion of the entire negotiation process, including the impasse procedures, presumptively violate the duty to bargain in good faith.

UC has bargained in good faith with AFSCME throughout these negotiations in an effort to reach a fair and equitable settlement and is confident that the PERB will not uphold any AFSCME job actions conducted prior to the end of the impasse process.

AFSCME has filed an unfair practice charge with the Public Employment Relations Board (PERB), alleging that the University has engaged in bad faith bargaining. AFSCME may try to claim that the mere existence of this charge permits the union to legally strike. This is not correct. The University vigorously disputes AFSCME's allegations and has provided a comprehensive response to PERB demonstrating that the charge is without merit. In order for AFSCME to legally strike based on the charge, it will have to prove to PERB that UC violated state labor law, and that the violation was so serious that it was necessary for AFSCME to strike rather than follow the procedures established by PERB to resolve unfair labor practices.

Q. What actions can the University take if employees are absent during a declared strike period?

A. The University will presume absences from work during any declared strike period are strike related, and authorization for an absence from work during the strike period may not be given. Employees who are absent from work without authorization during a strike may face the possibility of disciplinary action for cause.

Q. What will happen if the AFSCME contract negotiations remain unresolved?

A. 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 about 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. The University and AFSCME are obligated under state law to continue participating in the impasse process through its conclusion which includes issuance of the fact-finding report to the public, or until an Agreement is reached between the parties.

Q. In preparation for an anticipated strike, can the University make plans, such as hiring temporary employees or temporarily assigning staff to different job duties or departments?

A. The University may take reasonable and prudent actions to prepare for a strike such as hiring temporary employees or reassigning work. However, all plans should be made in consultation with your labor relations department. In general, all actions must be consistent with applicable contract provisions and firmly based on operational necessity.