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Student Workers: You have the right to strike

May 3, 2018

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UC service workers, members of AFSCME Local 3299, are fighting for a fair contract that provides a secure future for themselves, their families, and students. Recently, AFSCME members voted overwhelmingly to authorize a strike. Service workers authorized a strike to protest stalled negotiations while patient care workers authorized a sympathy strike in solidarity with service workers.

AFSCME members invite student workers to stand with us in solidarity. Despite management’s threats—student workers have the legal right to honor our strike and join the picket line in solidarity.

Q: Is it legal for student workers to honor the strike?

YES. The law protects student employees’ right to organize, bargain AND strike with other striking workers (see Sec on 3562(e) of the California Government Code). Student employees share the same legal protec ons as other employees under labor law. The labor board has further ruled that it is unlawful for an employer to take ac on against unrepresented employees who support union-represented employees (Delano Union Elementary School District (1982) PERB Decision No. 213).

Q. Can UC discipline me or re me for honoring the strike?

NO. It is unlawful for UC to take disciplinary ac on against any student worker for honoring the AFSCME strike.

Q. What can I say if my supervisor asks me if I will be working during the strike?

You do not have to answer ques ons from management about your par cipa on in a strike. If you are asked in advance by your supervisor whether you will be honoring the strike, you may say: “Yes,” or “I’d rather not discuss it,” or “I haven’t decided.” Please report any coercive behavior to AFSCME union leaders at your loca on immediately.

Q. My supervisor told us that all student workers have to come to work when AFSCME workers go on strike. What can I do if my supervisor asks me to commit that I’ll come to work during AFSCME strike?

UC may a empt to make you think you have no op on but to cross the picket line and come to work when AFSCME workers are on strike. You can tell your supervisor, “It is my legal right to par cipate and honor their picket line.” Again, please report any coercive behavior to AFSCME union leaders at your loca on immediately.

Q. What should I do on the day of the AFSCME strike?

Once the AFSCME strike begins, you can let your supervisor know prior to the start of your scheduled shi : “I will not be at work today because I am honoring the AFSCME strike.” If your supervisor threatens you, you can tell them “Any form of retalia on against me is illegal.” Please report any management threats to AFSCME union leaders at your loca on immediately.

Last modified: May 3, 2018

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