8/12/2019 UC Student Workers Union: Info Sheet on UC Management's Pattern of Unfair Labor Practices

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A Pattern of Unfair Labor Practiceon the part of UC management

This info sheet outlines recent unfair labor practices enacted again

academic student workers by representatives of UC management

Photo by Joshua Anderson

uaw2865.org berkeleyuaw2865.wordpress.com facebook.com/ucstudentworkersunion statewide ofce: 510-549-38

Refusal to Negotiate over TA/Student Ratios

and other Mandatory Topics of Bargaining:

For contract negotiations, labor law distinguishes between topics that both parties must negotiate over (mandatory

subjects of bargaining) and topics that can be negotiated over, but only if both parties are interested in doing so

(permissive subjects of bargaining). Most topics that directly affect the working conditions of student employees are

mandatory subjects of bargaining between UC management and the UC Student Workers Union, while academic issues

such as curriculum choices or students course requirements remain prerogatives of management, and therefore are

considered permissive subjects of bargaining. In the current round of contract negotiations, management has

repeatedly mis-characterized issues such as TA/student ratios and non-discrimination protections as permiss

bargaining subjects in order to avoid bargaining responsibility. These issues directly effect working conditions an

management is in violation of labor law by not treating them as mandatory subjects of bargaining.

In December, UC managements lead negotiator asserted that the issue of TA/student ratioswas not a mandatorysubject of bargaining, and that she had no interest in negotiating over this issue. Labor law is clear: the ratio of student

to teachers (like the ratio of patients to nurses) shapes employees workload, and is a mandatory subject of bargaining.

At the same bargaining session, management insisted that the 18 quarter rule(which bars graduate students fromreceiving more than 18 quarters of teaching assignments) was merely a permissive subject of bargaining. But again, lab

law is clear: management must negotiate over the terms of employment, including terms, such as the 18 quarter rule, th

affect workers eligibility for rehire or that limit the duration of their eligibility for employment. The UC Student Worke

Union has recently led a charge with the Public Employee Relations Board (PERB) against management for their refu

to bargain over TA/student ratios and over the 18 quarter rule.

8/12/2019 UC Student Workers Union: Info Sheet on UC Management's Pattern of Unfair Labor Practices

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