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Human Resources

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Union Organizing

Employee and Labor Relations (ELR) provides direction and advisory services to campus management in administration of collective bargaining agreements and the State Higher Education Employee Relations Act (HEERA).

Your Right to Unionize and Have Collective Bargaining
ELR Union Organizing

Under California's Higher Education Employer-Employee Relations Act (HEERA) passed by the California State Legislature, UC employees have the right to decide whether they want to unionize and have collective bargaining as the sole means of determining their wages, hours and working conditions.

Employees also have the right to refuse to join employee organizations or to participate in the activities of these organizations subject to the organizational security provision permissible under HEERA. The Public Employment Relations Board (PERB) administers and enforces HEERA.

Currently at the University of California, 13 groups of employees have made the decision to unionize. However, there are still groups of employees who have not made this choice. We are providing Leadership Talking Points and Guidelines for Unexpected Visitors to help staff understand their legal rights to organize.
Leadership Talking Points

UC neither supports nor discourages unionization. UC supports employees’ rights to determine for themselves whether or not they think unionization is beneficial. This is one of the reasons it is so important that employees facing possible unionization educate themselves about what it means to be exclusively represented by a union.

As a UC leader, it is important that you are able to talk with your staff about labor matters, including union organizing, because some people find it difficult to discuss collective bargaining and unionization with their staff.

What You Can Say
  • Encourage your staff to look at all the facts about unionization – pro and con – and then make an informed decision for themselves. Encourage them to ask questions now and in the weeks ahead. Assure them that no question is too trivial. If you do not know the answer to a question, tell them that you will get accurate, factual answers and report to them. Contact Employee and Labor Relations for information. Then be sure you do get back to them within a day or two.
  • You may speak freely in discussions as long as what you say:
    • Is honest and factual;
    • Does not threaten or suggest reprisal for an employee’s support of a union;
    • Makes no promise in exchange for voting one way or another.
    • You may discuss unions and collective bargaining generally, and address any union misrepresentation of facts. It is best to withhold your personal opinion to make sure employees know that neither the University, nor its representatives, are taking a position on whether or not employees should vote for union representation. Our interest is to help employees consider all the facts, make an informed choice and vote.
      • Remember the law does not make a distinction between when you are at work and when you are not at work. Your words and activities must conform to the law on all occasions. This means that you must not deliver your statements and opinions in an inflammatory or coercive manner.
  • Listen to everything your employees have to say. Always remain calm and show no anger or emotion in response to arguments from a pro-union employee – create an atmosphere that will encourage dialogue.

If you have questions or concerns, please contact your Employee and Labor Relations Representative.

What You Can't Do
  • Do not threaten employees for exercising rights under HEERA; make promises for supporting or not supporting union; support or oppose one union in preference for another.
  • Interrogate employees about union activities; conduct surveillance of union activities; attend union organizing rallies or meetings; display supportive buttons, emblems, etc.
  •  There is no need to provide time in your meetings for union communication. Unions have their mechanisms for putting out information. HEERA provides unions with use of University facilities consistent without time, place and manner regulations.
What You May Discuss

As employees exercise their rights under the Higher Education Employer-Employee Relations (HEERA), management should follow the general rules: management may speak freely but factually, and may not threaten, discriminate, make promises to, practice surveillance, visit homes of employees for the purpose of urging them to vote against the unions, or interrogate employees about union activities or sentiments.

These are illustrations of things that you may do as a member of management – you may:

  • Inform employees what exclusive representation will mean, so long as you stick to the facts, including:
    • The union will have the right to act for all employees in the bargaining unit whether or not individual employees support the union.
    • Employees will be required to pay regular fees to the union if they choose to belong to it.
    • Wage increases and conditions of employment will be subject to bargaining with the union.
  • Respond to any false or misleading statements that are being made by the union to correct the record or make sure employees are aware of the facts.
  • Advise employees that they may speak to union organizers at work on non-work time, or they may choose not to speak to union organizers.
  • Distribute University literature and talk to employees at the employee’s workstation or in other areas where employees are accustomed to being.
  • Advise employees that their involvement in union organizing activity or campaigning will not subject them to retaliation. At the same time, you may inform employees of the access rules and they may speak with union organizers during their non-work time in non-work areas.