UPTE-CWA Bargaining Unfair Labor Practice Fact Sheet

What is a Bargaining Unfair Labor Practice Charge?

  1. A charge filed by the Union claiming that the university has violated the Higher Education Employer/Employee Relations Act (HEERA).

  2. These charges are filed with the Public Employment Relations Board (PERB).

  3. PERB has broad authority in what remedies it can order.

Why File Bargaining Unfair Labor Practice Charges?

  1. After the contract expires the University must maintain the “status quo.” They can only make changes by bargaining them with the union.  We can file an ULP to stop changes to the status quo that are harmful to employees, e.g. layoffs, negative work place, reorganizations, increases in parking and transportation fees, shift changes, changes in the cost of benefits, etc.

  2. Stopping management from making changes they really want puts pressure on UC’s team to conclude bargaining.

  3. The Union can strike in response to unfair labor practices that are important or widespread.

  4. Unresolved unfair labor practices can be a basis to object to the University seeking to declare impasse. *

What Kind Of Management Activities Constitute An Unfair Labor Practice?

  1. Unilateral changes, that is, changes made by management that require negotiation or a waiver by the Union. When these occur that Union must make a demand to bargain the issue. When management implements, the Union files an unfair labor practice charge with PERB. Examples:

    a. Department reorganizations
    b. Layoffs
    c. Work schedule changes
    d. Incentive awards or any other form of pay
    e. Implementation of new benefits or benefits costs

  2. Failure to provide information relevant to bargaining

  3. Surface bargaining. These unfair labor practices are hard to prove and must be pervasive and repetitive. Examples include:

    a. Not scheduling bargaining sessions
    b. Not presenting counter proposals
    c. Not engaging in the process in a meaningful manner

  4. Retaliation for activities protected by HEERA. Examples of protecte union activities:
  5. a. Participation in member mobilization activities
    b. Participation on the bargaining team

*Note: This does not apply to private entities represented by UPTE-CWA such as Lawrence Livermore National Security Skilled Trades where there is no mandatory impasse procedure