Further explanation of the bargaining process and the current state of UC’s negotiations with AFSCME regarding patient care technical employees
AFSCME recently requested that the Public Employment Relations Board certify that bargaining had reached an impasse. While the term “impasse” sounds final, it is the next step in the negotiation process. Below, you’ll find a brief explanation of the law that governs UC’s collective bargaining agreements and its provisions for the negotiation process.
The Higher Education Employer-Employee Relations Act
HEERA is the state law that regulates labor relations between the University of California and California State University systems, their employees and the labor organizations that represent their employees. HEERA is administered by the Public Employment Relations Board. PERB conducts elections, decides representation election questions, determines whether negotiations have reached a point of impasse, and investigates and makes decisions regarding Unfair Labor Practice charges filed by employees, labor organizations and the universities.
The Negotiation process
HEERA requires that the parties engage in good faith negotiations to try to resolve their differences and achieve a signed, written contract. In the event the parties cannot reach agreement and PERB certifies that an impasse exists, HEERA provides impasse procedures. These procedures involve intervention in the negotiation process by a mediator (provided by the State Mediation & Conciliation Service or mutually selected by the parties to the contract). If mediation fails, the law provides for a "fact-finding" process. In fact-finding, both parties present their respective positions on unresolved bargainable issues to a fact-finder who issues recommendations to attempt to resolve the differences between the parties. If they cannot reach agreement after considering the fact-finder's recommendations, then the recommendations are made public. After impasse procedures have been exhausted, the employer may decide to unilaterally implement its proposals and the union may choose to strike in furtherance of its demands.
Where we stand with AFSCME
AFSCME has filed a petition asking PERB to certify that bargaining is at an impasse. If PERB decides that we are indeed at impasse, a third-party mediator will join our discussions with the union. The mediator’s job is to help the two parties reach compromise on the remaining issues. While there is no set timeline for mediation and fact-finding, this part of the negotiation process generally takes a few months.
Frequently Asked Questions
Q: What does an “impasse” in bargaining mean?
A: An "impasse" during collective bargaining occurs when no agreement has been reached and further negotiations would be futile without the help of an independent third party.
Q: What happens when an impasse has been declared?
A: After a party petitions PERB to declare an impasse, PERB will review the situation and decide if it agrees that an impasse has been reached. If PERB finds that impasse has been reached, it will appoint a mediator who will work with the parties to try to reach an agreement. If PERB decides that an impasse does not exist, then the parties must return to the bargaining table to resume negotiations.
Q: What happens if mediation does not result in an agreement?
A: If, after at least 15 days of mediation (but generally longer) there still is no agreement, the mediator may declare further mediation futile. PERB will appoint (or the parties may agree on) a person to chair a three-person fact-finding panel. Each party will present its side of the issues to the panel at a hearing. The panel may help the parties reach settlement at any time. However, if settlement is not reached, the panel or chair will make findings of fact and recommend terms of settlement. The recommendations are advisory only, and are submitted in writing to the parties privately before they are made public. The panel may make those findings and recommendations public after 10 days. During this 10-day period, the parties are prohibited from making the panel's findings and recommendations public.
Q: What happens if fact-finding does not result in an agreement?
A: If, at the conclusion of fact-finding, the parties cannot reach agreement after considering the fact-finder’s recommendations, the employer may implement its proposals unilaterally and the union may choose to strike in furtherance of its demands.
Q: What’s next for UC and AFSCME now that AFSCME has asked for a declaration of impasse?
A: PERB will evaluate the negotiations to date and, if it finds that negotiations are indeed at impasse, it will ask the State Mediation and Conciliation Service to assign a third-party mediator to assist the discussions.
Q: How much longer can this go on?
A: While there is no set timeline for mediation and fact-finding, this part of the negotiation process generally takes a few months.
Q: How does this affect wage increases for patient care technical employees?
A: UC cannot increase salaries without an agreement with AFSCME or until after impasse procedures are complete. Until then, wages will remain the same as they were under the prior contract that expired September 30, 2007.
Q: Why is this happening? Why isn’t there an agreement after meeting since August?
A: UC has been working very hard from the beginning to reach a fair agreement, and UC remains committed to providing our patient care technical employees with a comprehensive new contract as soon as possible. However, an agreement requires good faith proposals and compromise from both sides. Since bargaining began in August, UC has made proposals to AFSCME including package offers for competitive salary increases and the same high quality and affordable health benefits available to all other UC employees. AFSCME has rejected these offers.
The University remains committed to providing UC patient care technical employees with up-to-date information on the negotiation process. Please continue to visit this page for the latest news. |
