FAQ - AFSCME Patient Care Technical (PCT) Unit Strike
Striking is a serious matter, especially when it affects vital public services like patient care. State law requires that strikes should be considered only as a last resort after all other options have been exhausted. Strikes that pose a substantial and imminent threat to public health or safety are illegal under state law. Even if a strike is legal, it may be an unfair practice under state labor law.
UC believes a strike targeting patient care employees at UC medical centers would pose an imminent threat to public health and safety and improperly withhold health care from members of the public. UC also believes AFSCME has not, in good faith, explored all options through the bargaining process. Further UC considers it highly inappropriate for AFSCME to threaten patient care as a tactic in contract negotiation.
Yes. In 2008, AFSCME leaders called on UC patient care employees to strike at all five UC medical centers. UC petitioned the Public Employment Relations Board, the state agency that oversees public sector collective bargaining, to request a restraining order against the strike on UC's behalf. PERB issued a complaint against AFSCME for bad-faith bargaining and for encouraging employees to strike even though their absence from work would clearly endanger the public's safety. The Superior Court of San Francisco issued a restraining order prohibiting the union's strike.
If AFSCME's strike is deemed illegal or unprotected then other unions joining the strike would also be engaging in illegal or unprotected activity. Also many of UC's labor contracts contain "No Strikes" provisions so any union with such a contract who joins AFSCME's strike would be in violation of its own contract.
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 union members not striking.
Under California law, if there is no contract in effect between the University and the employee organization, an employee in that bargaining unit 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.
At Berkeley, picketers have always been committed to their position but respectful of the rights and views of others. 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 the Berkeley campus Labor Relations office (510-643-6001) (labrel@berkeley.edu).
Employees who come to work will receive their normal compensation and benefits.
Employees will not be paid for time lost due to participating in a strike. Employees will not be allowed to use accrued Compensatory Time Off (CTO) or vacation leave to cover strike days. Benefits that are affected by the percentage of time worked during the month may be affected. Please see special separate provisions regarding employees who call in sick on a strike day.
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.
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 depending on operational needs and applicable policies or collective bargaining agreements. Employees who are absent from work without authorization during a strike may face the possibility of disciplinary action for cause if the strike is unlawful or unprotected activity.
The University and AFSCME have concluded the fact-finding process which involved presenting the disputed bargaining issues to a three member panel. The panel will issue an advisory non-binding report that is designed to assist the University and AFSCME in reaching an agreement through additional negotiations. If these negotiations following the conclusion of fact-finding are unsuccessful, the employer may unilaterally impose some or all of its bargaining proposals, and the union may attempt to call a strike. It is important to remember that the University continues to work hard to reach a negotiated agreement that is fair to the PCT bargaining unit and protects the interests of University Medical Centers.
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.
The University will presume that – absent medical certification – absences from work during any declared strike period are strike related. Authorization for absence from work (e.g., vacation leave) may or may not be given depending on operational necessity and without regard to the employee's reason for the requested leave. Departments may ask employees who state that they are ill on a strike day to bring in medical verification of illness.
In UC's view, the key issue blocking a deal is AFSCME's objections to UC's pension reforms, which include:
- Increased contributions toward the cost of pension benefits from both UC and employees (currently 10 and 5 percent respectively, increasing to 12 and 6.5 percent respectively July 1, 2013).
- A new category ("tier") of pension benefits for employees hired on or after July 1, 2013.
- Revised eligibility rules for retiree health benefits.
Like many employers, including the State of California, UC is enacting pension reforms to help address a $24 billion unfunded liability to its retirement programs, and enable UC to continue to offer pension benefits that adequately recognize employees' service and also are financially sustainable.
UC's reforms apply to tenure-track faculty and staff hired on or after July 1, 2013. Eight UC unions representing 14 bargaining units have agreed to these reforms. UC's pension reforms are also similar to what has been implemented for state employees, some of whom are represented by AFSCME. AFSCME has not accepted any of UC's proposals, and is demanding its members pay less than other UC employees for the same benefits which UC believes is unfair to other employees.
UC is offering a competitive total economic package for patient care employees that includes:
- Up to 3.5 percent annual wage increase for the next four years – increases that are on top of the 5 percent wage increases AFSCME members received in each of the last two years, a time when many other UC employees received smaller increases or no increases.
- Excellent health care benefits.
- Quality pension and retiree health benefits that few public or private organizations nationwide offer.
As the bargaining record shows, UC has been bargaining in good faith with AFSCME for nearly a year. Negotiations have included help from a state mediator and a neutral fact-finder. UC remains open to compromise and is committed to reaching a fair and financially responsible contract for employees, but UC cannot do it alone. AFSCME leaders must engage in a substantive way.
Absolutely. Your manager is another source for answers and information.
