Welcome to the blog for the 2013 Bargaining Campaign. To catch up on bargaining so far, learn about our demands, and read bargaining updates, check out our resources page.
With an escalating pattern of intimidation and failure to settle on a contract that provides living wages, safe working conditions, and equal access and opportunities for all its workers, the UC has positioned itself, again and again, against its students and workers.
Starting at 11:00 am on Thursday, June 5th, a coalition of students and workers will gather at the front of Aldrich Hall for a picket and delegation demanding that the UC treat its students and workers with the respect of dignified working and learning conditions. We will also have an info table set up with the pickets to inform members of their rights and other upcoming actions, including our finals week strike.
Join your fellow students and workers in front of Aldrich on Thursday!
TAs, Readers, and Tutors have gone without a contract, without a pay increase, and without improvements to our working conditions since Fall 2012.
Come join us this Tuesday at noon at the flagpoles to show the University that we demand a fair contract now!
“The 12,000 instructors represented by Local 2865 are a crucial part of America’s academic workforce. They’re responsible for up to hundreds of students at a time, and I haven’t talked to a single person who believes the 20-hour weekly cap on student instructor work is anything but a cruel joke. They do this work for about $1,700 a month, an amount, the U.C. Academic Council found, that not only was uncompetitively low but even necessitated the creation of an on-campus food bank at U.C. Santa Barbara. Local 2865’s demands are reasonable. Its members want dignity, respect and enough money to care for themselves. But ever-rational U.C. administrators are measuring the demands against what it will cost in police brutality settlements to make sure management wins. That’s their standard operating procedure, and the stakes couldn’t be higher. If student workers and their supporters can remain resilient and triumph, they’ll provide a model for teaching assistants around the country; if Napolitano and the complicit faculty succeed in beating them into submission, then there’s nothing left to save.”
communications : November 7, 2013 4:40 pm : Bargaining
- The contract for TAs, GSIs, Tutors, and Readers expired November 5, 2013. Will we have big problems because we don’t have a contract?
- No. U.S. Labor law, including California’s Higher Education Employer-Employee Relations Law (“HEERA”) requires that even though the contract has expired, wages, hours, benefits and other terms and conditions of employment, including those specified in the contract, must legally continue until bargaining is completed. You will continue to be paid, work the same hours, and receive the same healthcare, etc.
- Is it true many subjects where Management can now act without bargaining would now first have to be negotiated with the Union before implementing new or changed policies?
- Are there provisions in the contract that are not considered “terms and conditions of employment” and do expire when the contract expires?
- Yes, there are some provisions which do terminate with the contract and are only implemented if included in a new agreement:
Article 19: No Strike
Article 18: Management Rights (to the extent the enumerated right of management to act unilaterally without bargaining with the Union goes beyond what HEERA allows)
Article 30: Waiver (to the extent that UC management acts unilaterally to introduce new policies without bargaining with the union and goes beyond what HEERA allows)
Article 14 E 3 Article that allows UC management to change Health Benefit carriers, coverage, rates)
Article 21 C Parking – allowing UC management to alter parking and transit rates, open or close lots or parking regulations without bargaining with the Union
Article 12 F: Arbitrations (Brand new grievances dealing with issues which arose after September 30 would not have to be arbitrated if the UC refused….although any such case, including discipline, could instead be filed as an Unfair Labor Charge with the Public Employment Relations Board (“PERB”).
- So, for one thing, ASE’s would be legally able to do work actions and work stoppages over grievances and other disputes, and they would be legally protected from discipline?
- Yes, that’s correct. Because of other provisions within HEERA, unless Management commits an Unfair Labor Practice, the Union could not take work actions over the negotiations until a legal Impasse was reached and the Union and UC Management went through HEERA’s required Mediation and Fact-Finding procedures. But, following expiration, actions and stoppages over worksite issues and problems would not be prohibited.
- What about deductions of dues and fair share fees?
- The requirement that UC deducts membership dues and fair share fees and transmits them to the Union is part of HEERA and thus not affected by the expiration of the contract.
The Union will be holding a strike authorization vote from October 31st to November 6th. The specific dates vary by campus.
Q: How was the decision to hold a strike authorization vote made?
Members of our union, the UC Student-Workers Union (UAW 2865), which represents over 13,000 frontline educators at the University of California, will be voting to authorize the elected leadership of our union to call a strike should circumstances merit, with voting taking place at every UC campus by November 6th. The decision to hold a strike authorization vote was made by a packed assembly of union officers and rank-and-file members at a statewide meeting of the union held October 19th on the UC Davis campus.
The officers and rank-and-file members of the UC Student-Workers union who gathered recently in Davis encourage all members of the union to participate in the upcoming vote and to vote ‘yes’ to authorize our elected leadership of the union to call a strike if circumstances merit.
Q: What is a strike authorization vote?
A: A strike authorization vote is a vote open to graduate students and undergraduate tutors to authorize the elected leadership of the union to call a strike if circumstances merit. It’s not a vote or a pledge to go on strike; rather, the strike authorization vote demonstrates a will to act collectively to protect our rights.
Q: What are some possible reasons for a strike?
A: Striking over the content of bargaining is only legally permissible after the two parties in bargaining have reached an impasse and have had a third party mediator to help resolve differences and received a state fact finder’s report.
Q: How long is a strike and what kinds of strikes are legal?
Our contract has been extended until Nov. 5th. Our contract may expire after that date. This expiration means that our “no-strike clause”, which generally bars strike actions, is no longer in effect. In general, when not barred by a no-strike clause, there are a number of legally protected types of workplace actions. These workplace actions can range in scale, duration and tactic — from hour-long work stoppages in a particular department to a multi-day system-wide shutdown. The kinds of strikes that are possible under proper circumstances include:
*Sympathy strike: Generally a strike in solidarity with another group of striking workers. The idea of the sympathy strike is to not cross another group of workers’ picket lines. The principle of not crossing picket lines is a principle that built the labor movement; holding to this principle helps enable workers to protect their and others’ rights, and to challenge damaging working conditions that are, in some way, endured together.
*Grievance strike: A strike in solidarity with a member or members in our union who have had their rights violated, and who are grieving these violations. It is possible to call a grievance strike to contest grievable working conditions or violations endured by our fellow student workers.
*Unfair Labor Practice (ULP) strike: If an employer commits an unfair labor practice, which is prohibited by California’s Higher Education Employment Relations Act (HEERA), the union can strike to protest the unfair labor practice. Unfair Labor Practices include refusing to provide the union with necessary information and intimidating members.
Q: Can I be fired or disciplined for participating in a strike?
A: No. The California Supreme Court has ruled that public employee strikes, including those by UC employees, are legal, and the Public Employment Relations Board (PERB) protects our right to strike under the conditions we’ve described. If your employer threatens you, warns or intimidates you about striking, or disciplines or you for striking, contact a union officer immediately, as this is an Unfair Labor Practice.
Q: What can I do about my class/section on a strike day?
A: In the event of a strike, the union would clarify the possibilities that student workers have in order to participate in the strike, to participate in collective actions, and/or to address academic and other commitments.
Q: Will I lose pay if I participate in a strike?
A: For a one-day strike you would likely not lose pay. However, for longer strikes there is a strike fund held by the International Union that is used to pay members during extended strikes.
Q: Why consider striking?
A: Striking is about showing collective power and collective concern and the willingness to act in concert about our rights and the things we care about.
|Thursday||10/31/13||11AM-4PM||Court of Sciences|
|Thursday||10/31/13||11AM-4PM||In front of Young Research Library|
|Thursday||10/31/13||6PM-8PM||Family housing at Sepulveda and Queensland|
|Friday||11/1/13||10AM-2PM||Court of Sciences|
|Friday||11/1/13||10AM-2PM||In front of Royce (main Powell Library/Royce Hall courtyard)|
|Monday||11/4/13||11AM-5PM||Court of Sciences|
|Monday||11/4/13||11AM-5PM||In front of Young Research Library|
|Monday||11/4/13||6PM-8PM||Family housing at Sawtelle and Stanwood|
|Tuesday||11/5/13||10AM-2PM||Westwood Blvd and Charles E Young Dr|
|Tuesday||11/5/13||10AM-2PM||Broad Art Center Plaza|
|Wednesday||11/6/13||11AM-5PM||In front of Young Research Library|
|Wednesday||11/6/13||11AM-5PM||Court of Sciences|
|Wednesday||11/6/13||6PM-8PM||Family housing at Sepulveda and Queensland|
|Wednesday||11/6/13||12PM-4PM||In front of the Office of Student Life (OSL)|
|Monday||11/4/13||10AM-4PM||Canvassing, all over campus|
|Tuesday||11/5/13||10AM-4PM||Canvassing, all over campus|
|Wednesday||11/5/13||10AM-4PM||Canvassing, all over campus|
|Friday||11/1/13||10AM-9PM||Canvassing, all over campus|
|Monday||11/4/13||10AM-9PM||Canvassing, all over campus|
|Tuesday||11/5/13||10AM-9PM||Canvassing, all over campus|
|Wednesday||11/6/13||10AM-9PM||Canvassing, all over campus|
|Monday||11/4/13||10AM-4PM||Courtyard (Nano) Cafe|
|Tuesday||11/5/13||10AM-12PM||Courtyard (Nano) Cafe|
|Monday||11/4/13||12PM-3PM||In front of Science Library|
|Monday||11/4/13||2PM-3PM||College 8 (near the café)|
|Monday||11/4/13||4PM-5:30PM||Porter College (near the café)|
|Tuesday||11/5/13||9AM-12PM||In front of McHenry Library|
|Tuesday||11/5/13||12PM-3PM||Bay Tree Plaza|
|Tuesday||11/5/13||5:30PM-7PM||Family Student Housing|
|Tuesday||11/5/13||7PM-9PM||Graduate Student Commons|
|Wednesday||11/6/13||2PM-4PM||In front of Science Library|
|Wednesday||11/6/13||2:30PM-5PM||Social Sciences 1 and 2|
Sign the petition
This Friday, October 11, is National Coming Out day! And October is Lesbian, Gay, Bisexual, and Transgender (LGBT) history month. As many of you know, in addition to our other important demands (wage increases! affordable healthcare for our children! reduced class sizes!) in contract bargaining the union’s negotiating team has put forward a series of anti-discrimination demands. One of these demands is for the expansion of all-gender/gender neutral bathrooms at every single UC campus. You can support this campaign by 1. signing a petition, 2. making a quick phone call, and 3. sharing these instructions (share on Facebook).
Please sign the petition to demand more all-gender bathrooms!
Lesbian, Gay, Bisexual, Transgender (LGBT), gender non-conforming and queer-identified students and workers will continue to face discrimination each day if there remains an insufficient number of all-gender restrooms in every UC campus and building. People who vary in gender/sexuality—-trans* people, trans-masculine and trans-feminine people, intersex people, two-spirit people, butch lesbians and women, femme men and gender non-conforming people—-are often met with hostility and violence when they use gender-segregated public restrooms. Moreover, people with disabilities who need personal assistants of a different gender and parents with children of differing genders often face harassment when accessing gender-segregated public restrooms.
The University of California can only claim to be supportive of LGBT students and workers when it establishes more all-gender bathrooms. Please sign this petition and forward it to your friends and family!
Call your Chancellor this Friday
In honor of National Coming Out Day and LGBT History Month, on Friday show your support for a gender-inclusive workplace by calling your chancellor to ask that they support the UAW’s proposal. Here’s a script you can use as the basis of our message:
Hi, this is _______, a student/worker at UC _______. May I speak to the chancellor? (If not, leave a message with the executive assistant or on the machine). I’m calling in support of UAW 2865’s demand that the University of California respect trans and queer workers and students by providing at least one all-gender wheelchair accessible bathroom in every campus building. The UC cannot claim to be LGBT friendly if it continues to refuse to establish more all-gender bathrooms. I urge Chancellor _______ to make it clear to the UC Office of the President that UC _______ is in full support of this demand. Thank you.
Here are the numbers to call:
UC Davis – Chancellor Linda B. Katehi
Contact: (530) 752-2065
UC Berkeley – Chancellor Nicholas Dirks
Contact: (510) 642-7464
UC Merced – Chancellor Dorothy Leland
Contact: (209) 228-4417
UC Santa Barbara – Chancellor Henry T. Yang
Contact: (805) 893-2231
UCLA – Chancellor Gene Block
UC Irvine – Chancellor Michael Drake
Contact: (949) 824-5111
UC Riverside – Chancellor Kim A. Wilcox
Contact: (951) 827-5201
UC San Diego – Chancellor Pradeep K. Khoda
Contact: (858) 534-3135
UC Santa Cruz – Executive Vice Chancellor Allison Galloway
Contact: (831) 459-3885
To become more involved or to learn more about this work, contact the Anti-Oppression Committee by emailing firstname.lastname@example.org or calling the union office at (510) 549-3863.
We wanted to write something, briefly, to demystify the bargaining process, and give you a sense of how we can win a good contract. The most visible part of bargaining is what happens within the negotiating process is the events that occur at the table. No doubt, a good portion of you have read our reports about the various bargaining sessions, and the various proposals made by ourselves and the university administration. A few of you might even wonder why we haven’t met more often with management, and perhaps have read anonymous blogs making the same demand. The problem is, the actions at the table aren’t the most important part of the process of bargaining if we want to make serious improvements on the contract. It’s the power we show outside the table, whether in the form of rank and file action, support from allies, whether in the form the legislature, other unions, professors and administrators, or other involved parties such as alumni or funders.
Why is this the case? To put it simply, the people who management put at the bargaining table don’t have the power to make the significant decisions that would allow us to get those demands. The people who the university puts at the table are at best middle management. Nadine Fischel, the chief negotiator for university administration, is merely a mouthpiece for the university administration. When we make substantial demands, whether for health care, or classroom size, or any number of other issues, she cannot make decisions on these issues, beyond the statement of “No.” In order to move on these issues, she needs to receive approval from her bosses, the people who we really need to pressure. The people who really make those decisions include the graduate deans, the provosts, the academic administrators and the Financial Vice-Presidents at the University of California Office of the President (UCOP), and the regents. At the UCI, that translates into putting pressure on figures such as Chancellor Drake, Provost and Executive Vice Chancellor Gillman. It also means having conversations with some of the more sympathetic Graduate Deans and Professors to get their support.
If we were to accept the status quo and a mediocre wage, we might very well be able to finish the process of bargaining very quickly. But our members made a number of considerable demands at the statewide meeting to discuss demands for bargaining. Additionally, the contract surveys show that next to wages, the issue of classroom sizes is extraordinarily important. To win those demands, we need a lot of support from yourselves and other forces. We should note that we have done some significant work on this process. We just received a letter signed by thirty department heads at the University of California-Berkeley, representing every school at the university, demanding a considerable raise for ASEs to remain competitive. We are also in contact with legislators, donors, and alumni to put pressure the university administration. At the University of California-Irvine, we are planning a rally on October 16th, along with a number of other activities, such as contract meetings in the schools of humanities, social sciences and the natural sciences.
However, to truly succeed in turning those activities into powerful actions that will pressure the people who really make the decisions into giving us the quality contract we are after, one that will defend public education, we need your help as members. We want to give you a chance to contribute to specific actions and campaigns.
–Protests such as the October 16th, Take Back UCI protest
– Contacting Legislators
–Contacting donors and alumni
–Help organize meetings for Humanities, Natural Sciences, or Social Sciences to discuss the contract process
–Help organize social events
–Join the Anti-Oppression Committee
–Contacting important decision makers at UCI
Please contact Jessica Conte at email@example.com, Tyson Patros at firstname.lastname@example.org, or Robert Wood at email@example.com. Tell us what you would like to be involved with and we will get you in touch with the right people to continue that process.
In an effort to expedite and further comprehensive immigration reform efforts, UAW 2865, the Union for Teaching Assistants, Tutors and Readers at the University of California, is fighting for equal academic and professional opportunities for undocumented students. UAW 2865 recognizes that the University of California has previously supported undocumented students by encouraging undocumented students to pursue a higher education. However, the pursuit of a higher education should not be limited to the application process; rather, appropriate support and funding should be a component of the University of California system to ensure equitable policies and access. Present policies prohibit undocumented students from being Teaching Assistants, Tutors and Readers, subsequently limiting undocumented students from being able to accept financial aid opportunities and/or the ability to pursue certain academic disciplines that require such academic experience as a component of their respective degree requirements.
There are an estimated 11 million undocumented immigrants living in the United States (1). Of the 11 million, only 1.76 million will benefit from (DACA) initiative and 25 percent of DACA applicants are still in review (2). Evidently, DACA disenfranchises the vast majority of undocumented immigrants.
Specific to the undocumented academic pipeline, the most recent data indicates that approximately 500,000 undocumented students are academically prepared to attend college and only a fraction of a percent go on to pursue a graduate education (3). Yet, undocumented graduate and undergraduate students are students at the University of California. On July 9, 2013, the UAW 2865 Bargaining Committee, in conjunction with concerned and impacted graduate students, offered to work in collaboration with the University of California office of labor relations to resolve the issue and actualize the mission of the University. Though the University has expressed interest in “looking into the issue” and are “intrigued” by our proposal, the University of California has not responded to the bargaining information request concerning undocumented graduate students or the Union’s request to work together. UAW 2865 remains committed to work with undocumented students in proposing solutions to the issue at hand. UAW 2865 understands that the bargaining team’s ability to provide equitable opportunities to undocumented students will largely be part of the Union’s ability to reach out, work with, and collaborate with undocumented populations across the state. Therefore, we are engaging your support and your feedback to make a difference and provide access, funding, and support to the undocumented student population, regardless of immigration status.
Note: This document is a work in progress and not a final draft, as UAW 2865 is working in coalition with undocumented student groups and receiving ongoing feedback.
communications : September 14, 2013 5:25 pm : Anti Oppression Committee, Bargaining, Berkeley,Campus Units, Current Campaigns, Davis, Irvine, Los Angeles, Merced, Riverside, San Diego, Santa Barbara, Santa Cruz
Lesbian, Gay, Bisexual, Transgender (LGBT), gender non-conforming and queer-identified students and workers face discrimination at the University of California every day due to the lack of a sufficient number of all-gender restrooms on every UC campus. People who vary in gender/sexuality—trans* people, trans-masculine and trans-feminine people, intersex people, two-spirit people, butch lesbians and women, femme men and gender non-conforming people—often are met with hostility and violence when they use single-gender public restrooms. Moreover, people with disabilities who need personal assistants of a different gender and parents with children of differing genders often face harassment when accessing gender-specific public restrooms.
All people have the right to be respected and affirmed in their gender identities and expressions. Nobody should experience disability- or gender-related harassment when using the restroom, a basic health need. As students and workers, people with disabilities and trans* and gender non-conforming people at the UC have the basic right to study and work in an environment that is not detrimental to their health. Ensuring that all UC students and workers have access to a restroom that is free of hostility, harassment, intimidation and violence is a necessity.
We demand that the University of California respect the sexual and gender
diversity of its student body and workforce by providing at least one all-gender,
wheelchair accessible restroom in every campus building.
Please sign the following petition! https://www.surveymonkey.com/s/gender-neutral-bathrooms more »
The purpose of the Anti-Oppression Committee is wide ranging. We hope to work together with members from across the UC, to challenge various forms of oppression, including racism, sexism, trans- and homophobia, classism, ableism, ageism, and others.
Some of the goals and strategies of this committee include: identifying and challenging discrimination in our workplaces; organizing in solidarity with students, community groups, and other unions against various forms of oppression; helping develop demands during contract bargaining that challenge racism, sexism, trans- and homophobia, classism, ableism, ageism, etc.; developing greater knowledge and skills about how to address power dynamics in the classroom for use among the members of this committee and among the membership at large; building consciousness around anti-oppression issues within the union, etc; and providing resources to members to help organize against various forms of discrimination across the campuses.
Our current projects include:
Bargaining Update #4, August 8th and 9th at UC Irvine
Read on for an update from the fourth bargaining session with UC management more »
As the Bargaining Team goes into their fourth session of negotiations at UCI today, read the update from their July 23-24 session below. more »
Read on for the second update on bargaining for our 2013 contract campaign.