OUR PATIENTS, OUR STUDENTS, OUR FUTURE!

Know Your Rights Under An Expired Contract!

August 3, 2017

After our contract expires—a period called “status quo”—virtually all provisions of our contract remain in effect, with three main exceptions:

  1. We are not bound by the No Strikes provisions.
  2. UC does not maintain the same Management Rights detailed in the contract.
  3. We do not have the same access to the Arbitration Procedure.

WHEN DO OUR CONTRACTS EXPIRE?
Our Patient Care Technical contract expires: December 31, 2017.
Our Service contract expired: June 30, 2017.

CAN UC MAKE CHANGES WHEN OUR CONTRACT EXPIRES?
It is illegal for UC to make changes to our terms and conditions of employment during status quo—even changes they were allowed to make during the contract—without bargaining with the Union. If UC provides the Union with notice of a change, we must demand to bargain.

WHAT CHANGES DOES UC HAVE TO BARGAIN OVER?
Examples of changes that UC must bargain include:

  • Changes to schedules, hours of work, breaks, or work location
  • Changes to job duties, job descriptions, titles, workload, or work rules
  • Reclassifications or creation of new positions
  • Transfers of work out of the bargaining unit or unit modifications
  • Layoffs, changes to layoff units, or subcontracting
  • Changes to pay, benefits, or parking rates
  • Changes in Union access or Union leave rights

WHAT IF UC MAKES CHANGES ANYWAY?
If UC makes a change without bargaining, we can file an Unfair Practice Charge (UPC) with the Public Employment Relations Board (PERB). Members must let their MAT leader or organizer know if UC makes changes after our contract expires.

WHAT DO WE DO WITHOUT ACCESS TO THE ARBITRATION PROCEDURE?
If a contract violation is not subject to the arbitration procedure, it could instead be addressed by filing an Unfair Practice Charge with PERB. In addition, workers who are suspended for more than five days or terminated after contract expiration have a constitutional right to what is called a “post-deprivation” hearing.

WHAT ABOUT STEP INCREASES?
While we insist that we should continue to receive step increases during status quo, UC has taken the position that steps should be withheld. We’ll continue to fight for our guaranteed steps–during status quo as well as in our next contract!

WE MUST EXERCISE THESE RIGHTS! Let your MAT leader or organizer know immediately if UC is making a change after our contract has expired!

Last modified: October 3, 2017

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