University of California Human Resources and Benefits

Q. How will I know if I’m in this group of employees?
A. The job titles involved in this election are detailed here. This is an initial listing -- other job titles may be added as we move through this process. If your job title is included in this list and you are not a manager or supervisor or confidential employee, then this election applies to you.

Q. Why is UPTE trying to unionize this group of employees at this time?
A. UPTE is seeking to represent these employees because, like all unions, it believes it can improve employees’ wages, benefits, working conditions and employee rights. UPTE also wants to increase its membership because it believes that, among other things, this will make the union stronger and more influential. For a full explanation of UPTE’s reasons and motivations, visit the union’s web site at www.upte.org.

Q. Does UC have an opinion about whether or not employees should be unionized?
A. UC does not support nor discourage 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 - and to vote.

Q. I keep hearing the term “exclusive representation.” What does this mean?
A. If a union wins an election for exclusive representation, it means that the union has the exclusive right and responsibility to represent all employees in the bargaining unit, in this case, all Administrative Professionals throughout the UC system (list). The union will then be the designated authority to negotiate with UC management on the amount of wages, benefits and working conditions that employees will receive. More information about union dues here.

Q. What’s the difference between being a union “member” and just being “represented”?
A. The basic differences have to do with the amount of money you pay to the union each month and whether or not you have a voice in union decisions, like accepting/rejecting contract proposals. Union members pay dues to the union each month and vote in union decisions (elect union officials, vote on wage proposals and other contract terms, etc.). Employees who are represented by a union but are not dues-paying members, pay a monthly fee to the union for representing them -- called “agency fee” -- and cannot vote in union decisions unless the union chooses to include non-members in the process.

Q. Would I still have to pay a monthly fee to the union even if I vote against unionization?
A. Yes. Once a union is elected, all employees represented by that union pay either dues or mandatory fees through an automatic paycheck deduction.

Q. If UPTE is elected, is it true that I can direct my mandatory monthly fee to charity instead of the union?
A. Employees wishing to direct their mandatory monthly fee to charity instead of the union may do so, but ONLY with the union's consent and by filing for "conscientious objector" status. For more on this, go here.

Q. How is the amount of union dues established?
A. The union determines the amount of dues and fees. At this time, UPTE has the same fee schedule for union dues and agency fees. UPTE's current dues and agency fees are 1.15% of retirement gross income, topping out at $25.00 per month for employees who make less than $30,000 per year and $35.00 per month for employees who make more than $30,000 per year. More information about union dues here.

Q. What do unions do with all the money they collect each month?
A. Like any organization, unions have to support themselves. The money they collect in dues and fees goes to administrative, advertising, travel and other expenses, and salaries for their officials. Some unions also hire lobbyists and consultants. You may contact UPTE for a full accounting of its expenditures. A summary of how much unions have recently collected from UC employees is available here.

Q. If UC employees vote in favor of unionization, how would my employment relationship with the University change?
A. If UPTE is elected, your relationship with your manager and the University could change in many ways, including the following:

Currently, you have the right to deal directly with your manager and the University regarding your employment on matters like wages, benefits and working conditions. If elected, the union becomes your official representative and speaks for you by negotiating with UC about these matters through the collective bargaining process. Some employees prefer to retain personal control over their employment and their ability to deal directly with their manager about these issues. Others believe that joining a union gives them greater influence over employment matters.

Historically, annual pay increases for non-unionized employees are typically given in October. Increases for represented employees are dependent on how long it takes for the union and the University to reach a contract agreement through collective bargaining. As we have seen recently, negotiations can sometimes span one year or more and increases may or may not be implemented until negotiations have concluded.

Q. On average, how long do negotiations typically take, and does it matter if it’s the first contract being negotiated?
A. The collective bargaining process is a two-way, give-and-take dynamic and no one side completely controls the process or the outcome. Since contract agreement takes cooperation, compromise and commitment on both sides, there is no way to predict how long a contract negotiation will take. Some labor agreements have been negotiated very quickly -- a few months or less -- while others have taken much longer. Many factors influence how long contract negotiations take, including the nature of the existing relationship between UC and the union (cordial, respectful, professional, etc.), and the people involved on both sides.

In UC's experience, initial contracts take longer than negotiations to renew the agreement. For example, in the case of negotiating the initial labor agreement with UPTE for Technical employees, it took about two years to reach initial agreement.

Q. Is there a minimum number of employees that must vote in order to decide the election?
A. No. A simple majority of voting employees will decide the outcome of the election. For example, if there are 12,000 employees eligible to vote, and only 100 vote, then 51 employees will decide whether all 12,000 employees will be represented. This is why each employee’s vote is so critical.

Q. If a majority of voting employees elects UPTE as the bargaining representative, will I have to become a member of that union and pay dues?
A. Membership in the union is up to you. HEERA (the Higher Education Employer-Employee Relations Act) does not allow compulsory union membership. However, the law requires all employees in the bargaining unit to provide financial support for the union’s services. Employees who are members of the union pay union dues, while employees who choose not to become members pay “agency fees.” The dues and fees vary union by union (currently, UPTE’s dues and agency fee rates are the same).

Q. What happens to my pay while negotiations are going on?
A. During negotiations, the University will be required to maintain the status quo for all conditions of employment for the bargaining unit, including pay. You will continue to receive the same pay rate that you had when bargaining began but there can be no increases until bargaining concludes.

Q. The union's literature suggests that UPTE-represented employees have received higher salary increases, increased job security, and other job improvements. Is it true that represented employees typically get better wages, hours, etc. than non-unionized employees?
A. The University's systemwide salary programs are governed by the amount of money UC receives from the state each year. Therefore, unions usually do not get higher general salary increases for the employees they represent. As for job security, the Universitys layoff policy for non-represented staff employees is substantially the same as layoff provisions in University labor agreements. For more facts about these and other key issues, go here.

Q. What will my ballot choices be?
A. Campus employees will have the following ballot choices:

UPTE – An X here means you want to be unionized and represented by UPTE.
NO REPRESENTATION – An X here means you do not want to be unionized.

Whichever option receives a simple majority of the votes cast wins. If "No Representation" is selected, you will continue to participate in the University's personnel programs for non-represented employees. If UPTE-CWA is elected, the union will represent you in collective bargaining with the University.

Because the work environments, employment markets and financial operations (from which salaries are paid) for hospitals are distinctly different than those for campuses, in addition to the above choice, hospital employees will also vote on the following question in order to determine if they’ll have their own separate bargaining unit:

Do you wish to be in a separate unit of Hospital Administrative Professionals for purposes of collective bargaining?

YES – A YES vote means you prefer a hospital bargaining unit that is separate from campus AP employees.
NO – A NO vote means that you DO NOT prefer a bargaining unit that is separate from campus AP employees.

Q. Is membership in the union required to vote in the election?
A. No, if your position is included in the bargaining unit, you may - and should - vote.

Q. If I signed an authorization card that helped the union establish this election, does that mean I am automatically a union member or obligated to vote for the union in the election?
A. Your signature on the authorization card supported only an election taking place. Your signature did not automatically make you a member of the union, nor does it obligate you to vote a particular way in the election.

Q. Assuming UPTE is chosen to represent this group of employees, what happens if the union and the University cannot agree on wages, hours, and other terms of conditions of employment?
A. Ultimately, if the parties cannot reach a final agreement they would be at impasse. HEERA provides for mediation and fact-finding to help resolve impasses in negotiations.

Q. Will all members of the bargaining unit have an opportunity to express their views on what the union should negotiate and will they have an opportunity to ratify what is, in fact, negotiated?
A. Each union has its own rules about whether all employees or only union members (i.e., dues-payers) can express their views on contract matters. UPTE currently only allows dues-paying members to vote on the union’s bargaining objectives and to ratify or reject contracts.

Q. What do I do if I don’t want a union to represent me?
A. You have the same rights as a union member or union supporter. You can freely discuss your opinions and experiences with fellow employees. But, the most important way to express your preference is to vote in the representation election. Whether you are for or against the union, every employee in the bargaining unit will be required to accept the representation rights the union will gain if elected, and will work under the terms of the negotiated labor agreement. Your best opportunity to secure the outcome you want is to vote and encourage like-minded employees to do the same. If you oppose unionization, you may find the following of interest: http://nounion.infopop.cc/

Q. I am a supervisor but I received a ballot. What should I do?
A. In general, employees designated as managers, supervisors and/or confidential employees would not be eligible to vote. However, all employees who receive ballots in the mail should vote, even if they believe they should be excluded. In some cases, the Public Employment Relations Board (PERB), which oversees the election, may need to make a final determination about who will be excluded from the unit after the election.

Q. What’s the process and timeline for this election?
A. On February 4, all eligible employees will receive notice of the election by mail from PERB, and the University will post notices of election at each location. Employees who are in one of the unit titles on as of October 31, 2003 and still in the unit on February 11, 2004 are eligible to vote.

On February 11, the Public Employment Relations Board (PERB) will mail a ballot to you at your home address and you will then have several weeks to complete and return the ballot. At the end of that period, PERB will then count the votes to determine if UPTE will represent AP staff.

If the outcome is "no representation," UPTE will not represent AP employees and the current employment conditions continue. If UPTE is selected as the exclusive representative, the union and the University begin work on negotiating a contract. The University’s personnel policies will apply until the first contract is ratified.

The election results can be challenged if either party interfered with the employees' right to freely choose a representative. This would invalidate the outcome and the whole process would have to be repeated.

Voting Timeline for 2004 AP Election

Feb. 4 Notices mailed to employees from PERB and posted throughout UC

Feb. 11 PERB mails ballots to employees at home voting begins.

Feb. 18-24 Duplicate ballot period (employees who think they are eligible but did not receive a ballot may request one during this period)

Mar. 3 Voting period ends.

Mar. 4 PERB counts votes and announces results.