Notice to employees: Unfair practice case No. SF-CE-1411-H

After a hearing in Unfair Practice Case No. SF-CE-1411-H, University Professional and Technical Employees - CWA Local 9119 v. Regents of the University of California, in which all parties had the right to participate, it has been found that the Regents of the University of California (University) violated the Higher Education Employer-Employee Relations Act (HEERA), Government Code section 3560 et seq.

As a result of this conduct, we have been ordered to post this notice and we will: 

A. Cease and Desist from: 

1. Failing or refusing to promptly provide University Professional and Technical Employees, Communication Workers of America Local 9119 (UPTE) with information necessary and relevant to its representational duties.
2. Unilaterally changing bargaining agreement provisions without providing UPTE notice or an opportunity to bargain.Interfering with bargaining unit employees’ right to be represented by UPTE.

B. Take the following affirmative actions designed to effectuate the policies of HEERA:

1. Upon UPTE’s request, UC Berkeley, UC Davis, UC Irvine, UCLA, UC Riverside, UC San Diego, and UC San Francisco shall diligently seek and provide all records, information, or data identified in the first bullet point of UPTE’s May 23, 2022 information request (RFI) that are in the University’s, its subsidiaries’, or its employees’ possession or control. Within 10 days after the date the decision in this case becomes final, the University shall meet and discuss with UPTE whether there are any other outstanding items from the May 23, 2022 RFI that exist and need be produced. Any item so identified must promptly be furnished to UPTE upon its request.
2. Upon UPTE’s request, the University shall diligently seek and provide: (1) all records, information, or data—from March 2, 2021, to the date this Proposed Order is final—identified in UPTE’s July 27, 2022 RFI that are in the University’s, its subsidiaries’, or its employees’ possession or control; and (2) all records, information, or data—from March 2, 2021, to the date this Proposed Order is final—identified in UPTE’s July 27, 2022 RFI that are in the possession or control of any vendors with which it has direct contracts or business relationships, including but not limited to, Mercer, Western Management Group, College and University Professional Association for Human Resources, and California Hospital Association/Allied for Health. Within 10 days after the date the decision in this case becomes final, the University shall meet and discuss with UPTE whether there are any other outstanding items from the July 27, 2022 RFI that exist and need be produced. Any item so identified must promptly be furnished to UPTE upon its request. If any of the requested records, information, or data are not available to the University, it shall submit to the Public Employment Relations Board’s (PERB or Board) Office of the General Counsel (OGC) copies of its requests of the vendors and their responses for a determination of compliance by OGC.
3. Upon UPTE’s request, the University will rescind its unilateral changes to Articles 2 and 1 of the HX and TX Collective Bargaining Agreements, respectively.

To see the full posting, click here.