DEANS, DIRECTORS, DEPARTMENT CHAIRS, and ADMINISTRATIVE OFFICERS
Re: Terms and Conditions for UAW-BX Status Quo
On November 5, 2013, UAW-BX declined the University’s offer to extend the current agreement between UC and UAW; therefore, the Agreement did expire and the status-quo period has begun. The status-quo period requires the University to maintain the same wages, hours, and terms and conditions of employment for represented bargaining unit employees that existed before the contract expired. The terms of the status quo are described below and should be adhered to until the parties reach a new agreement. Please feel free to share this information with your managers and supervisors with responsibility for supervising ASEs.
Many of these “status-quo” conditions are reflected in contract language, but some are not. Thus, with the expired contract, the University cannot change anything related to wages, hours, and terms and conditions of employment without providing notice to the union and negotiating the change.
Special notes for selected Articles of the current contract are as follows:
- Article 2 - Appointment Notification — UC will continue to notify as per the expired agreement.
- Article 3 - Appointment Security — UC will continue to provide appointments as per the expired agreement.
- Article 4 - Childcare — Childcare subsidy will continue, as per the expired agreement’s terms.
- Article 8 - Discipline and Dismissal — The notice obligations to the union as provided under this article continue.
- Article 11 - Fee Remission — UC will continue to remit fees as per the expired agreement’s terms.
- Article 12 - Grievance and Arbitration — The grievance procedure will continue as the terms and conditions of employment for employees; in addition, the University will provide paid leave for grievance representatives as described in the contract.
There will be no union access to the arbitration process for those grievances which arise after the expiration of the contract. However, the individual employees who file grievances over suspensions of six (6) days or more or are dismissed may elect to access the local “post-deprivation” procedures.
- Article 14 - Health Benefits — The University will continue to provide remission for UCSHIP or campus Graduate Student Health Insurance Program.
- Article 21 - Parking & Transit — ASEs continue to have the same access to parking and transit programs as in the expired agreement.
- Article 27 - Union Access and Rights — The University will continue to allow access in conformance with the expired agreement.
- Article 28 - Union Security — the University will continue to deduct membership dues, and fair share fees as per the expired agreement.
- Article 29 - Wages — wages will continue to be paid as per the expired agreement.
- Article 31 - Workload — UC will continue to assign workload in accordance with the expired agreement, including the notification of workload maximum and expedited process to resolve workload complaints.
This list describes the main issues about terms and conditions that are affected by the contract expiration. Having an expired contract and being in the status-quo period can be a difficult situation for management. However, not everything related to wages, hours, terms and conditions of employment is subject to bargaining. Some of these issues are beyond the scope of bargaining and they continue to remain within management’s prerogative during the status-quo period. The obvious include, but are not limited to: decisions about reorganizing services; decisions about the organization of activities or programs; decisions about hiring, discipline, termination, layoff; and other decisions such as those related to the mission of the University.
While certain other management decisions are beyond the scope of bargaining, the effects of those decisions may be negotiable. If you have any questions about what you can and cannot do during the status-quo period, please contact me or Alexis O’Connor in Employee & Labor Relations, Campus Human Resources, at extension 40860, before implementing changes that require negotiation as referenced above.
Director, Employee & Labor Relations
Campus Human Resources