September 18, 2009

TO: Deans, Department Heads, and Business Officers

FR: Leslie Sanchez, Manager
Employee & Labor Relations

RE: UPTE Strike September 24, 2009

The labor agreements covering the Research Support Professionals (RX) and Technical (TX) Unit employees at the University of California expired on June 30, 2008. The University and UPTE, the union representing Research Support Professionals and Technical Unit employees, have been bargaining since March 2008, however there is no agreement yet on new contracts. As you may know, UPTE has recently notified the University of its intent to hold a one-day strike on Thursday, September 24, 2009. It is the University's position that the planned UPTE strike violates the state's labor laws, as the parties have not yet completed the bargaining process including impasse, mediation, and fact-finding. At this time, the University and UPTE are still engaged in bargaining.

It is likely that some Research and Technical Unit employees will not come to work as scheduled on September 24. UPTE has announced plans for picketing and rallies during that day as well. It is anticipated that some other employees, in addition to those represented by UPTE, may also participate in picketing and rallies. It is important to remember that University employees enjoy certain legal protections for activities on non-work time, such as informational picketing, leafleting, or demonstrating. The University stands behind free speech and the rights of employees to engage in activity protected by HEERA, but will not accept behaviors that disrupt or interfere with the work of the University. In all previous strikes on campus, picketers have been committed to their point of view, but respectful of the rights and views of others.

Information regarding absences from work:
-Managers/supervisors may ask employees if they plan to come to work on September 24th for the purposes of determining staffing needs. Managers/supervisors should NOT survey or communicate with employees concerning their intention to participate or not participate in a strike.
-It is possible that some employees may request prior authorization for absence from work on September 24th as a vacation day, and departments may, or may not, grant these requests based on your operational needs.
-Employees who call in sick on the day of an announced strike should be required to provide a medical certification regarding the absence. Failure to do so will result in the absence being considered unauthorized.
-Employees who are absent from work without authorization during a strike will not be paid for the absence. Since the payroll deadline for this month is September 24, it is essential that departments make the appropriate payroll deduction on September 24 for those employees on unauthorized leave.

Please notify the Human Resources Department, Employee and Labor Relations Office, no later than 11:00AM on September 24 to let us know how many employees in your department are absent due to the strike. Please send this information via email to:
leslie.sanchez@hr.ucsb.edu

Additional strike information for Managers and Supervisors (FAQ) is available on the Human Resources website at:
http://hr.ucsb.edu/labor/pdf/Questions_and_Answers_about_Strike_Activity_by_UPTE.pdf

We continue to be hopeful that the University and UPTE will soon reach agreement on the issues outstanding between them. If you have any questions regarding the UPTE strike, please contact our office at extension 4119. Thank you.



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