The intent of the policy is that it will apply to represented as well as non- represented employees. For the policy to apply to represented employees, the union and the University must first negotiate an agreement. The policy will apply to CUE employees once the union negotiates an agreement with the University. The collective bargaining agreement between the University and CUE expired September 30, 2004, however, the basic terms and conditions of employment for CUE employees continue. Although CUE positions are not presently covered by the new policy, this does not mean that CUE positions are exempt from criminal background checks altogether. Certain CUE positions will continue to require criminal background checks for "critical" positions (similar to the "sensitive" positions in the policy). Departments should read and follow UC-CUE Agreement, Article 48 (Work Rules) until such time as the union agrees to the provisions of the new Criminal Background Check policy.
Departments considering actions that may change employee terms and conditions of employment including reorganizations or changes in work rules, should consult with their assigned Employee Relations Consultant regarding a possible bargaining obligation.
