Do we have a contract? No! Imposition is NOT a contract and UPTE has not agreed to anything.
What is implementation/imposition? Implementation and imposition are the same thing: when management chooses to unilaterally force some or all of their contract proposals on us because they refuse to agree to a fair contract.
What was implemented for RX/TX? Only parts of their last, best, final offer: They only implemented a single 3% raise with no retroactivity and no steps, even though we have gone 2.5 years without a raise! They are also implementing healthcare and parking increases, as well as their pension cuts. Adding insult to injury, they are also requiring that any grievances related to sexual violence or harassment be put on hold until a Title IX investigation can be completed.
What about HX? HX has Fact Finding scheduled for May 6th and 7th, which will be followed by an additional bargaining session where UC is likely to make a last, best, and final offer.
Why did UC choose to implement a 3% raise if they only had 2% on the table? They are feeling the pressure of our actions and are hoping that by giving us 3% we won’t continue to fight just as hard.
Why did UC exclude Business Technology Support Analysts (BTSAs) from the 3% increase? BTSAs are one of the largest and most powerful groups in the Technical Unit. UC is afraid of the determination and power that BTSAs have shown in their actions over the past year and are hoping that BTSAs will blame the union for their being excluded unfairly.
Is implementation legal? Only if it is the product of good-faith negotiations: UC’s implementation on RX/TX is illegal because they have not bargained in good faith. UC’s unfair practices and violation of the parties’ bargaining rules made it harder to reach a contract; undermining our right to bargain. Impasse and implementation are therefore a result of UC’s illegal tactics, not good-faith negotiations.
What can we do about it? We are considering all our options, including filing an unfair labor practice charge – but we also have to continue fighting for a good contract, just like we have been for 2 years. We also have to be prepared to take action in response to this and UC’s other illegal behavior and show that we won’t stand for UC’s violation of our rights.
Does implementation mean we can’t strike? No, implementation doesn’t change our ability to strike – this is not a contract! We have the right to strike in response to UC’s unfair labor practices, in solidarity with other workers, and in support of our own contract demands, such as in HX bargaining.
Have we been implemented on before? UPTE never has – which is why we know that it is in response to our unprecedented fight for a fair contract. UC did impose on AFSCME in both 2013 and again in 2018. In 2013, AFSCME continued fighting and won a contract that included 24.5% raises over 4 years, froze healthcare costs, protected the pension, and won job security protections.
What do we need to do now? Make sure all of our co-workers understand this and are ready to stay in the fight until we win the kind of contract that we deserve!