A Note from the Team

Jurisdiction Update March 2010—
YOUR ASSISTANCE URGENTLY NEEDED

Dear CUE represented colleague,

It has come to our attention that the University may have engaged in several unfair labor practices. Therefore, we are asking all of you to check your payroll or statement of earnings to look for the
following:

a). any increase in your medical premiums and prescription and office co-pays since January 1, 2010; b). increases in supplemental disability.

If you have increases in these areas, please contact your local CUE office/organizing representatives or steward.

We have also learned the University unilaterally deducted money from CUE represented employees who chose to schedule temporary layoff days rather than the default option of equal monthly deductions on March 1, 2010. If you opted to schedule your layoff day at your discretion, including all at once, and a deduction appears on your March payroll statement, please contact your payroll office and alert them to the error and immediately send an email to: <negotiate88@gmail.com>. This is a violation of the Effects of Temporary Layoff agreement negotiated between CUE and the University.

We are compiling the names of all the CUE represented employees affected by this violation of the agreement.

Some CUE represented employees that opted out of equal pay reduction over a 12-month period have been successful in applying for and receiving Unemployment Insurance. However, other CUE represented employees who decided to take their layoff days during the University Winter curtailment period had their claims challenged by the University. We encourage you to appeal any initial denial of the benefits. If this happens, you should immediately inform your local CUE steward or send an email to negotiate88@gmail.com. If you plan to apply for Unemployment Insurance and hope to avoid any University challenge you might consider not taking the layoff days during the Spring curtailment period.

Many of the issues we face now are occurring because of the "status quo" period that currently exists. Below is a brief overview of the "status quo" and actions we would like you to take.

Status Quo

As you know, CUE and the University have been in ongoing negotiations for a new collective bargaining agreement ("CBA"). On October 31, 2008, the former CBA expired. On December 7, 2009, the Public Employment Relations Board ("PERB") declared impasse in negotiations (over CUE's objections) and appointed a mediator to help facilitate further negotiations. During mediation, the parties have been asked by the mediator to observe a strict level of confidentiality regarding the specifics of the discussions during the sessions. So we are limited in what we can report at this time.

If mediation efforts fail to result in an Agreement, the law provides that PERB will initiate a fact-finding process regarding the parties bargaining positions, in which a neutral fact-finder issues an advisory opinion. The Higher Education Employee-Employer Relations Act ("HEERA") requires that the parties complete the post-impasse mediation and fact-finding procedures before the University may unilaterally implement any changes in the terms and conditions of employment for CUE represented employees.

Unless and until these procedures are completed, the University has a legal obligation to maintain the "status quo," which means that all terms and conditions of employment established by the expired contract must be maintained throughout the process. If the University makes a change in terms and conditions of employment prior to the completion of these procedures, a so-called "unilateral change," it constitutes an unfair labor practice. CUE's attorneys can then file charges with PERB on CUE'S behalf.

Examples of unilateral changes may include, but are not limited to, changes to hours of work, a decrease in salary, a change in working environment (such as the introduction of new hazardous materials or equipment in your job duties), a change in your required uniform, or a refusal by the University to process grievances in accordance with the expired CBA's grievance-resolution procedures.

CUE officers, stewards and all CUE represented employees should keep an eye out for potential unilateral changes as CUE and the University completes the post-impasse mediation and fact-finding procedures. If you believe that working conditions have been unilaterally changed by the University, please report the matter immediately to the appropriate Union representative on your campus or email negotiate88@gmail.com and the CUE attorneys will evaluate the situation and determine whether or not it warrants an unfair practice charge.

On behalf on the CUE bargaining team,
Amatullah Alaji-Sabrie
CUE Chief Negotiator