Our bargaining team continues to negotiate for a historic first contract with UC. The support and participation of a majority of Postdocs has been critical leading up to and throughout the bargaining process.
Thanks to helpful feedback from Postdocs, we have compiled a single summary (based on the individual bargaining updates we have provided since we started bargaining) of which topics have been resolved and which are still in dispute in the negotiations for our first contract with UC (see below). While we have resolved most topics raised in bargaining, UC continues to reject proposals to make meaningful improvements to Postdoc salaries despite dramatic recent increases in UC's grant revenues. If you have questions or would like to get more involved please do not hesitate to contact us at (415) 538-0844 or prouaw at sbcglobal.net.
Find out more about PRO/UAW bargaining:
PRO/UAW Bargaining Team:
- UC Berkeley - Matthew "Oki" O'Connor , Ph.D., Bioengineering Department
- UC Davis - Laura Bartley, Ph.D., Plant Pathology Department
- UCLA - Xiaoqing Cao, Ph.D., Department of Biological Chemistry, David Geffen School of Medicine
- UC Riverside - Pesach Lubinsky, Ph.D., Botany and Plant Sciences Department
- UC San Francisco - Norval Hickman, Ph.D., Cardiovascular Research Institute
- UC Santa Barabara - Kirill Afonin, Ph.D., Chemistry and Biochemistry Department
- UC Santa Cruz - Neal Sweeney, Ph.D., Department of Molecular, Cell and Developmental Biology
RESOLVED TOPICS
We have reached tentative agreement with the University on most of the topics raised in bargaining, which are summarized below. We would not have been able to reach agreement on these topics without the consistent support and participation of a majority of Postdocs across the UC system. These agreements are tentative (see our agreement with UC on bargaining groundrules for more information on tentative agreements) until we reach a final overall agreement with the University, at which point Postdocs will have an opportunity to vote on whether to approve the final agreement as our first contract.
RIGHTS AND PROTECTIONS
WORKING CONDITIONS AND BENEFITS
CONTRACT ENFORCEMENT AND UNION RIGHTS
RIGHTS AND PROTECTIONS
Appointment Notification
Ensures that Postdoctoral Scholars have access to information about their rights under the contract at the outset of their appointment by receiving written notification of the terms of their appointment, as well as links to the Union and the contract website.
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Discipline and Dismissal
Improves Postdoctoral Scholars’ appointment security rights. Under this agreement, Postdocs may not to be fired or disciplined arbitrarily and without "just cause.” In other words, the University must establish a compelling justification for a Postdoctoral Scholar to be fired or disciplined.
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Grievance and Arbitration
Establishes an effective procedure for resolving employment disputes between Postdoctoral Scholars and their supervisors or appropriate University representative (for example, immediate supervisor, department chair, department human resources representative, campus EHS representative). While the contract would encourage informal resolution of grievances between Postdoctoral Scholars and their immediate supervisors, it would also include the right to take an unresolved grievance to a neutral third party arbitrator so that the University does not get to unilaterally determine the outcome of a grievance.
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Individual Development Plans (IDP) and Progress Assessments
Facilitates better communication between Postdoctoral Scholars and their supervisors about the career progress made by Postdocs. This article would ensure that if a Postdoctoral Scholar elects to develop and implement an IDP, the supervisor will review and discuss the IDP with the Postdoctoral Scholar. Postdoctoral Scholars will also receive periodic Progress Assessments, including at least one written assessment each year, and have the right to receive in writing the expectations that will be the basis of these assessments.
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Job Posting
Maintains current practices for posting available Postdoctoral Scholar jobs since these have been satisfactory. We negotiated language that allows campuses to expand those practices if they choose.
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Non-Discrimination
Strengthens protections against and remedies for instances of discrimination and sexual harassment by addressing these situations through the grievance and arbitration procedure, rather than through the UC’s internal procedures and the courts. Under the contract, Postdoctoral Scholars would have the right to have issues of discrimination and harassment resolved in a much faster, fairer and completely cost-free manner.
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Personnel Files
Establishes the right of a Postdoctoral Scholar or her/his designated representative to review and receive a copy of her/his personnel file and the right to request corrections to factual errors in the file.
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Time and Effort Commitment
Establishes protections against the University imposing arbitrary and unreasonable workload expectations on Postdoctoral Scholars. While recognizing that Postdoctoral Scholars are salaried professional employees and will normally work at least 40 hours per week, work schedules under the contract would have to be reasonable and related to the research needs rather than, for example, an arbitrary requirement to work a certain number of days each week or hours each day.
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WORKING CONDITIONS AND BENEFITS
Health and Safety
Improves Postdoctoral Scholars’ ability to protect ourselves from working in unsafe or hazardous conditions including: the right to grieve violations of the University’s health and safety policies; the right to relevant health and safety training; the right to refuse a hazardous assignment until it has been remedied or determined to be safe; access to safe operating procedures and legally-required safety records for chemicals, substances and equipment; and access to protective clothing and equipment necessary for the assignment.
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Holidays
Clarifies that Postdoctoral Scholars will generally not be required to work on the 13 University holidays. If the University requires a Postdoctoral Scholar to work on holidays due to operational needs, s/he shall receive an alternate day off for each holiday worked.
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Leaves of Absence
Expands, combined with the improvements in the Personal Time Off article, both the length and the level of compensation and benefits Postdoctoral Scholars can receive when taking paid time off for reasons such as pregnancy disability, bonding with a newborn child, or to care for a family member.
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Parking and Transit
Ensures that Postdoctoral Scholars may participate in their campus’ parking and transit programs on the same basis as non-Senate academic staff. This participation includes but is not limited to pre-tax/payroll deduction options applicable if the scholar is eligible for such deductions based on payroll and/or tax status.
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Personal Time Off
Increases to 24 the number of work days that a Postdoctoral Scholar can take as personal time off each appointment year. All 24 days are available for use on the first day of the appointment. Whereas the University previously tried to limit Postdoctoral Scholar time off to the intercession periods during the 9-month academic year, Postdoctoral Scholars will be able to request to use time off any time of year and the University shall not unreasonably deny such requests. This time can also be used for various forms of leave such as, child-bearing, parental, etc. (See section on Leaves of Absence).
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Professional Development
Ensures the continuation of existing professional development and/or career counseling programs and professional development lectures/workshops available to Postdoctoral Scholars at their campus at the time of contract ratification, without precluding the University from expanding these programs and services in the future.
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Sick Leave
Guarantees that Postdoctoral Scholars are eligible for up to 12 days of sick leave per 12-month appointment period, all of which are available on the first day of appointment, and that approved absences of less than one full day (such as a doctor’s appointment) will not require use of a sick leave day. This time can also be used for other types of leave such as child-bearing (See section on Leaves of Absence).
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Titles and Classifications
Defines which job classifications are in the bargaining unit represented by the Union and establishes procedures for UC to follow if they want to establish a new classification in the bargaining unit or move an individual out of the bargaining unit.
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Training
Ensures that Postdoctoral Scholars receive proper training for their assignment. The University will provide paid time off and will pay any associated fees to attend required training, workshops or courses necessary to fulfill the Postdoctoral Scholar’s duties.
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Travel Reimbursement
Ensures that the University will reimburse Postdoctoral Scholars for required travel. The University also shall not unreasonably deny a Postdoctoral Scholar’s request for travel that is not required but may advance her/his professional development and may provide reimbursement for such travel.
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University Facilities and Services
Guarantees that Postdoctoral Scholars shall generally have access to campus facilities and services (library services, dining facilities, sports/recreation facilities, childcare programs, etc.) on at least the same basis as other non-Senate academic staff. Also preserves those cases where existing Postdoctoral Scholar access was already better than for other non-Senate academic staff.
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Work Authorization
Ensures that a Postdoctoral Scholar will not suffer a loss in pay if the University fails to send necessary work authorization paperwork to the external agencies according to UC’s timelines and there is a resulting delay in the start date of the Postdoctoral Scholar’s job.
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Workspace and Materials
Ensures Postdoctoral Scholars have access to facilities, equipment and materials necessary to carry out assigned duties.
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Work-Incurred Injury or Illness
Defines how Postdoctoral Scholars can use sick leave or personal time off when they are unable to work due to a work-incurred injury or illness compensable under the California Workers’ Compensation Act. Postdoctoral Scholars may use sick leave and personal time off to supplement temporary disability payments received under the Workers’ Compensation Act, such that the Postdoctoral Scholar receives their full salary.
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CONTRACT ENFORCEMENT AND UNION RIGHTS
Deduction Authorization Form
Establishes a form, agreed to by UC and the Union, that will be distributed to all Postdoctoral Scholars and allow them to choose whether to be a member of the Union and pay dues or to pay fair share fees as a non-member.
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Labor-Management Meetings
Establishes a process where the Union and UC can schedule quarterly meetings to talk about issues of import to Postdoctoral Scholars, such as contract administration (not including grievances), health and safety issues, health care, professional development, childcare issues, or international scholar issues. These meetings will build on the rights and other improvements in the first contract and establish a basis on which to bargain for additional improvements in future contracts.
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Management and Academic Rights
Elaborates areas in which UC retains the right to manage its operations, except as modified by the contract.
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Recognition
Affirms UC’s recognition of the Union as the exclusive bargaining representative for all Postdoctoral Scholars at UC.
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Severability
Defines what happens if a particular contract article is found by a court to be in conflict with a law--that article is voided while the rest of the contract remains in effect. The Union and University will then enter into bargaining over the article in conflict with the law.
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Successorship
Defines the rights of the Union when ownership or governance of the University changes.
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Union Access and Rights
Establishes the many important ways in which the Union and its members can enforce the contract and effectively represent Postdoctoral Scholars: UC will provide information about who is in the bargaining unit; the Union will have 30 minutes at any campus-wide new Postdoctoral Scholar orientations to make a presentation; the Union will have the right to communicate with Postdoctoral Scholars through various means; the University will post the contract on a public website; the University will provide release time for Postdoctoral Scholar representatives to work on grievances and to participate in negotiations for the next contract.
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Union Security
Establishes the mechanisms through which dues and fair share fees will be deducted and transmitted to the Union. Since effective enforcement of our contract with UC requires economic resources in addition to membership mobilization, this article requires, 60 days after Postdoctoral Scholars vote to ratify the contract, that Postdoctoral Scholars pay either membership dues or fair share fees to the Union and establishes a system of payroll deduction. By ratifying the contract, then, Postdoctoral Scholars are choosing to begin paying either dues or fair share fees.
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Waiver
Maintains our right to bargain over significant changes in our working conditions that are not covered by the contract, which means UC has to bargain any new policy that they want to create, and cannot change current practices without negotiating with us.
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TOPICS IN DISPUTE
While we have resolved most topics, the University has taken a particularly hard line on salaries and benefits. We did secure the increase in the minimum Postdoctoral Scholar salary to $37,400 per year, which took effect October 1, 2009. However, despite UC’s dramatically increasing federal grant revenues, and the central role Postdoctoral Scholars play in generating them, UC is hiding behind the California state budget crisis to propose less for Postdoctoral Scholars than they are providing to similar employees (see our bargaining proposal comparison in the table below).
|
PRO/UAW PROPOSALS |
UC PROPOSALS |
SALARIES |
Increases consistent with funding agency standards
- $1,000 lump sum for 2009
- General Range adjustment of 4% each October after 2010
- Experience-based increases based on NIH Kirchstein program
|
Meaningful increases postponed
- One-time 2% increase in 2010
- No guarantee of future across-the-board increases
- Experience-based increases that are less than half of NIH Kirschstein step increases
|
HEALTH INSURANCE |
Lower costs and improved coverage for healthcare
- Maintain percent of premiums paid by Postdocs (like UC is doing for other staff plans at UC) and ensure paid coverage for all Postdocs
- Ensure paid coverage for all Postdocs; improve preventive coverage (which may well reduce UC’s long term costs)
- Reduce annual out-of-pocket costs
|
Premium increases that will outweigh pay increases
- Maintain benefits and premium structure for 2010 (meaning more than 1,000 Postdocs have no guarantee of paid health insurance)
- Premium increases starting in 2011 that outweigh the value of UC’s proposed salary increases for many postdocs
|
APPOINTMENT LENGTH/SECURITY |
- Postdocs shall have 5-year appointments
- UC pays health insurance for six months before COBRA begins
|
- Postdoc appointments will normally be one year
- COBRA begins at layoff
|
HONORING PICKET LINES OF OTHER UC WORKERS |
Postdocs have same rights as Teaching Assistants
- Protect right of individual Postdocs to exercise their conscience in support of other employees’ strikes
|
Postdocs have fewer rights than Teaching Assistants
- Deny the right of individual Postdocs to exercise their conscience in support of other employees’ strikes
|
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