Feb - UPTE-CWA

UPTEa newsletter for professional and technical employees at the University of CaliforniaU P D A T E■ ■ ■ ■ ■Joe Biegner, photoC W A 9 1 1 9A F L n C I OUniversity Professional& Technical Employees,Communications Workers ofAmerica 9119 • AFL-CIO(510) 704-UPTEinfo@upte-cwa.orgwww.upte.orgUPTE LOCALSBerkeley(510) 848-UPTEDavis:(530) 759-0803Los Angeles:(310) 443-5484Irvine:(949) 854-UPTELANL:(505) 662-4679LBNL:(510) 665-7722LLNL/SPSE:(925) 449-4846Merced:(510) 848-UPTERiverside:(951) 781-7922San Diego:(858) 458-0845San Francisco:(415) 753-UPTESanta Barbara:(805) 685-3661Santa Cruz:(831) 429-UPTEUnion members testify at pension negotiations;PERB issues complaint against UCThe UC Union Coalitionbargaining team continuesto meet with universitymanagement over its proposedchanges to pension contributions.The 20-member team includesUPTE-CWA (representing techsand researchers), CUE (representingclericals), and AFSCMEUPTE members at UCLA turn out Jan. 11 in support of pension bargaining.(service and patient care techs).UC has floated the idea ofredirecting employees’ mandatory2% defined contribution plan(DCP) payments to the UC RetirementPlan (UCRP) pension fund.“That would amount to a pay cut,”noted UPTE chief bargainer KevinRooney, “since it would requireemployees to replace that 2% outof their wages in order to maintaintheir current DCP savings levels.”Preserving pensionsEmployees having beenturning out in force to make theirvoices heard at multiple negotiatingsessions and other meetingsaround the state. On January 30,dozens of union members showedup to protest UC’s proposals ata pension bargaining session inBerkeley. Some testified at thebargaining table about the effectsuch changes would have on them.“We need to have quality staffin my department, but it’s verydifficult for us to recruit with thelow salaries. The one tool we haveto help attract people is the pensionbenefit,” Jonathan Selsley, a principaltelevision tech at UCB, toldUC’s pension bargainers.CUE member Shar Suke, aBerkeley faculty assistant, told UC’sreps, “My rent goes up 3% everyyear no matter whether I get a raiseor not; gas and groceries increase farmore, as we all know. To start payingout 2-6% for my pension is quitesimply beyond my means.”UC had been consideringrequiring employees to contribute2% of salary to UCRP before UCmade any contribution at all.“This would be a reversal ofthe historical precedent,” notedLisa Kermish, UPTE’s vice president.“For many years before pensioncontributions were suspendedin 1993, UC paid the lion’s sharetoward UCRP benefits, as part ofemployee compensation.” There’sno reason that should change now,she added, especially since mostUC employees have worked forbelow-market wages for so long.“Now, UC has backed off andhas publicly stated it will not requireemployee contributions beforeUC itself pays into UCRP – a clearvictory in our union campaign toforce the university to bear its fairshare,” said Jelger Kalmijn, UPTE’spresident. In addition, UC requested$60 million it said was necessary toimplement its pension restructuring,but this year’s governor’s budgetfailed to include those funds.Meanwhile, the state’s PublicEmployment Relations Board(PERB) has issued a complaintSanta Cruz UPTE members demonstrate Jan. 11 for fair pension bargaining.against UC stating that it failed tofulfill its legal obligation to allowpublic input, or “sunshining,” of proposedchanges to the pension plan.While it is unclear exactlywhat PERB will do if it finds UCguilty, this complaint indicates thatthe state labor board may be unsympatheticto UC if it claims thatpension bargaining is at a standstilland it files for impasse.Joint governance neededBecause UCRP lacks meaningfulrepresentation from planparticipants, the union coalitionhas proposed joint governance ofUCRP, with elected representationfrom union members. Nationallyrecognizedpension expert PeterSaltzman testified at the bargainingtable that jointly governed pensionplans are by far the healthiest overall,providing much better benefitlevels and lower rates of defaultthan employer-only governed plans.At the January 17-18 regents’meeting in San Francisco, unioncoalition members held up transparentplastic signs that demanded“transparency” and “an end to(continued on page 2)Ratification vote March 12-16Tentative agreement in health careprofessionals bargainingThe UPTE-CWA healthcare professionals (HX)bargaining team reachedtentative agreement with UC in theearly morning hours of February15. The agreement would allowHX unit representatives to be fullmembers of the joint bargainingprocess over pensions (see storyabove), and includes substantialpay increases and a transition toa step system for wages in thesecond year of the contract, amongother provisions.The proposed contract willbe put to a ratification vote amongUPTE’s HX members from March12-16, after ample time for discussionat local and statewide meetingsabout its contents.UPTE members will receivea detailed description of the proposedcontract soon in preparationfor the ratification discussion andvote. Only members can vote onthe contract. If you are not yet a(continued on page 2)Amy Newell, photoVolume 13, Number 1 ■ February 2007

Organizing for fairnessTanya Smith, photoCWA scholarshipsavailableNow is the time to apply for CWA’s JoeBeirne Foundation’s 2007-2008 scholarships.All UPTE-CWA members, theirspouses, children and grandchildren areeligible.Tanya Smith, photoThe foundation will award 30 partial collegescholarships of up to $3,000 each,and the winners also will receive secondyearscholarships for the same amount,contingent upon satisfactory academicachievement.Applicants must be high school graduatesor high school students who willgraduate during the year in which theyapply. Undergraduate and graduate studentsreturning to school may also apply.You can find the application at . Thedeadline is March 31, 2007. The winnerswill be chosen by lottery from those submittingthe required essay.UPTE member Paul Haller (LabAssistant IV, UCB) tells UC’s pensionbargainers: “I’ve worked here23 years and I’ve noticed a generaldegradation in human relations andit greatly concerns me.”Some membersof the jointunion pensionnegotiating teamat a Berkeleysession. Fromleft to right:UPTE’s WendiFelson, CUE’sKathi Young,AFSCME’sDebra Grabelle,UPTE’s KevinRooney, andUC-AFT’s KarenSawsilak.Pension bargaining(continued from page 1)secrecy” on UC’s part each time a unionspeaker took the podium.Management continues to stall onproviding requested information to unionbargainers. The unions’ actuary, DavidVenuti, explained at a recent negotiatingsession how important such data was toevaluating the proposals. Venuti stressed thatUC’s analysis contained serious omissions,and that even substantially smaller pensionfunds routinely perform much deeper analyses,especially prior to any change in policy.(Venuti’s report can be found at .The union coalition has collected thousandsof postcards to be delivered to regentsand legislators demanding that UC delayemployee pension contributions until it hasproven that they are truly necessary.Support from students, facultyThe union coalition’s bargainers (AF-SCME, CUE and UPTE) have been consistentlysupported by representatives from theUAW 2865 (Academic Student EmployeeUnion), the Council of UC Faculty Associations,and the American Association ofUniversity Professors.“We are here because we share the unioncoalition’s concerns that lower-paid employees,including lower-paid faculty, cannot affordthese pay cuts,” Chris Rosen, AssociateProfessor at the Haas Business School andmember of the Berkeley Faculty Association,told UC at a bargaining session in December.“We also share the coalition’s concernregarding conflicts of interest with pensiondecision-makers and the lack of transparencyregarding key pension decisions.”The UC Student Association passed aresolution in January supporting the unioncoalition, noting that “quality, affordable andaccessible health care benefits and a strongretirement plan are key elements necessary torecruit and retain the best employees to keepthe UC a great public university.” The associationpledged to “sit with the UC workerson their side of the negotiations table” to helpfight for fair pensions and benefits.Tanya Smith, photoHX workers reach tentative agreement with UC(continued from page 1)member of UPTE, please contact your localto join and be part of the process. If youare a member, reach out to your coworkerswho aren’t and get them to sign up for unionmembership, so they can participate in thisimportant discussion.Street heat worksThese developments come after widespreadpressure from HX workers over thelast months.On January 11, while union coalitionand UC bargainers met at UCLA, thousandsof workers rallied outside toobject to UC’s lockout ofUPTE’s health careprofessionals fromthe joint pensionbargainingprocess.UPTE’sother twounits (researchersandtechs), alongwith AFSCME(service workers)and CUE(clericals), are currentlyengaged in jointbargaining with UC overpensions and benefits.HX workers at several other campusesalso held rallies on January 11 in support ofthe bargaining team’s goals.At UCSC, demonstrators turned out toa lunchtime picket, which included nearlyall of the HX employees at the campus’health center, along with supporters fromevery campus union. Participants received awarm response from pedestrians and motorists,many of whom honked their horns insupport or stopped to sign a postcard to UCPresident Dynes and the regents.“It’s wrong of UC to try to divideUPTE’s health care members from the technicaland research members (and the otherunions, too) when it comes to bargainingover pension issues,” said Lance Bracht, aHXCONTRACTVOTESCHEDULEDMARCH 12-16clinical lab tech specialist at UCSC. “We’reall in the same pension plan and we shouldall bargain over it together,” Bracht added.UCSF union members marched to theoffice of medical center CEO Mark Laretwith nearly 400 petition signatures on hand.An enthusiastic crowd marched at UCLA,chanting, “Be fair to those who care,” andmaking the connection between fairness foremployees and quality patient care.At UCSD, health care professionalsbraved freezing weather to sign a postersizedpostcard to their CEO, demandingprotection of pensions and fairsalary increases.At UCB, a livelypicket line of unionmembers distributedinformationalleaflets and stickersto visitorsat the TangStudent HealthCenter.At Davis,health care professionalsworestickers supportingjoint union bargainingover pensions, andleafleted their coworkersabout the issues at stake.Your voice counts“We need the right to bargain over UC’sattempt to pass pension costs on to employees,”said Wendi Felson, a UCSF clinical labscientist and an HX team bargainer.Felson said health care professionalswere standing side-by-side with coalitioncoworkers to stop UC’s “pay cuts for pensions”proposals.HX members will be discussing the tentativecontract over the next several weeks.Look for notices of meetings in your departmentor campus, and make your voice heard.If you have questions, contact your localbargainer or UPTE rep (see for a list).2 | UPDATE

Around the stateCaptionists organize at UCBStudents returning from winter breakthis January were met with leafletsand pickets in UC Berkeley’s SproulPlaza in defense of UPTE activist LoriD’Orazi.D’Orazi is a bargainer representingCommunication Access Realtime TranslationCaptionist employees in the DisabledStudents Program, a new job title forworkers who providefederally-mandatedservices – such ascaptioning, notetaking,and interpreting– to deaf andhearing-impairedstudents.These servicesare necessary fordisabled studentsand help the universitymeet its equalaccess obligationsunder the Americanswith DisabilitiesAct.Tanya Smith, photoBargainingnew job titlesUnder statelabor law, UC mustbargain new jobtitles with UPTE.According to TanyaSmith, UPTE Local1 president,“UC doesn’t havea captionist job title and asked the unionto negotiate with them to develop a salaryrange and job title for captionists. The captionistselected a bargaining rep, Lori. Wehad one session with the university in whichwe brought up issues about what they faceA young protestor supporting the captionists.in their work, and we discussed salary. Afterthat, Lori was singled out by her manager andfired.”D’Orazi said that she “was told that myposition was career” but that “during bargaining,my manager sought me out, startedharassing me and refused to meet on issuesfor the job title, and eventually told me Iwouldn’t be rehired.”Campus laborrelations officialsclaimed D’Orazi’stermination had nothingto do with herbargaining work andthat all CART employees’positions endedon the last day of thesemester. So far, UChas refused to returnD’Orazi to her job andinstead has offered hera different position forthe spring semesteronly.Solidarity bringsattention to caseUPTE Local 1,with the help of the AlamedaCounty CentralLabor Council, AlamedaFirefighters Local689, CUE, AFSCME,and students, held asuccessful two-day informationalaction thatgarnered over 700 signatures of support.The protests drew the attention of thecampus newspaper and a local radio station.UPTE activists and student supporters havevowed to continue their efforts until D’Orazigets her job back.Yuki Matsuki, photoSTEWARDS’ CORNERUCLA administrative professionalwins grievanceOne of UPTE’s administrative professional activists, Retha Hope, a UCLA buyer,recently won her grievance against management, which had unjustly suspendedher for 5 days without pay. Since administrative professionals (called “99s”because of their UC payroll designation) are notyet covered by a union contract, Hope’s casewas filed under UC’s Personnel Policies forStaff Members.UPTE steward Cliff Fried argued that therewas no factual basis for the suspension, and aUC hearing officer agreed, issuing a ruling that“management has not met its burden of proof indemonstrating the reasonableness of its actions.”The hearing officer ordered that the suspensionletter be removed from Hope’s personnel file,and that she receive a week of lost pay.“UPTE can represent administrativeprofessionals in grievance situations, eventhough we don’t have a contract,” noted Hope.“Without the guidance of the union, I wouldn’thave known my rights.” When you are beingunjustly accused at work, Hope added, it is “aRetha Hopetrying situation, and it is so important to have askilled and experienced union representative onyour side, to argue your case and to just be there as your ally.”Hope encourages administrative professionals to join UPTE. “You’ll not only getnewsletters and information to keep you up-to-date with work-related issues,” she says,“you’ll be helping build the organization so 99s can get a contract in the future.”UCSD sleep techs win work hours caseTwo sleep techs at the UCSD Medical Center were being sent home any time therewere no clients for their shift, which meant that they had to use comp time, vacation, andsick leave in order to maintain full time employment for benefits purposes.“This was a violation of the 45-day rule for change of work hours,” said UPTE stewardBruce Jones, who recently helped the two workers file a winning grievance over the issue.One sleep tech, who had left UC by the time the grievance was settled, was reimbursedfor all of the vacation and comp time he had used during the year preceding the datethe case was filed. The other tech, who was still employed by UCSD, was given the samereimbursement and had his used sick leave credited back.“This was one of those cases where the university was more than cooperative,” notesJones, since under the contract, UC only owed the workers 30 days’ back pay, but theypaid them for a year. “It shows that when reasonable people stick up for what they’reowed, other people will often act reasonably in return,” added Jones.Davis interpreters win pay raiseInterpreters and translators at UCD have won pay raises after organizing to show UCjust how below-market their wages are compared with comparable institutions. Over 40 interpretersprovide essential services for health care interactions at the UCD medical center.The workers began asking for an evaluation of their wage levels in mid-2005, but UCHuman Resources kept delaying the process. Then, in July 2006, with the help of UPTEsteward Mathew Call, a Spanish interpreter, and other UPTE local leaders, the interpreterstook a series of collective actions, including petitions, meetings and a march on HumanResources. They presented management with a 2-page signed statement detailing how below-marketsalaries had caused a nearly 30% turnover rate, a drop in the quality of service,and personal hardships for many workers.Campus compensation analysts finally determined the interpreters were 18% belowmarket. As a result, UC proposed an 18% range adjustment retroactive to July 2006, aswell as 3 additional steps added to the wage scale. The wage increase will be implementedin two stages; the first 10% is due in workers’ paychecks this month.Administrative professionals are meeting regularly to build union strength in as-yet-unrepresentedjob titles such as Student Affairs Officers, Administrative Analysts, Programmer/Analyists,Library Assistant Vs, Accountants, Buyers, and others. The latest statewide strategysession was held at UPTE’s systemwide office on February 9 (photo above). Left to right,Elizabeth Wilks (Accountant, UCSB), Lisa Kermish (Administrative Analyst, UCB), Adwoa Oni(Principal Administrative Analyst, UCSF), Emily Montan (Administrative Analyst, UCOP), JohnSpring (Programmer/Analyst, UCB), and Steve Schmidhauser (Programmer/Analyst, UCLA).Upcoming stewards’ trainingsUPTE’s stewards are the backbone of the union in the workplace, resolving problemsand winning justice on the job. “This is incredibly rewarding work that comes with a feelingof satisfaction that you’ve helped your coworkers,” says UCLA’s Cliff Fried.The union provides extensive training for those who want to develop their stewardingknowledge and skills. Every campus will be having a basic steward training in the nearfuture – just contact your local to sign up. For those with some experience already, UPTEwill be holding a full arbitration training with real arbitrators and experienced advocatesMarch 24-25 at the CWA 9415 office in Oakland. The course is free to members. Pleasecontact Cliff Fried at if you’d like to attend.UPDATE | 3

In the newsOrganizing atLivermore LabUPTE members at the Lawrence LivermoreNational Lab have seen the losses thatemployees at the Los Alamos National Labsuffered last year when that formerly UCrunDepartment of Energy (DOE) lab wascontracted out to a private company. At LosAlamos, many were forced out of UC’s pensionplan, and are now being laid off or havebeen given dramatically changed duties.The same process is about to start forLivermore, but employees there want adifferent future. To help protect their jobsand benefits, UPTE members have starteda campaign for union representation, circulatingcards for employees to sign whichdesignate UPTE as their collective bargainingagent. With a union, the employer mustnegotiate many of the transition changesinstead of implementing them unilaterally.Extremely positive response“The initial response to our effort tocollect signatures has been very positive,”said Jeff Colvin, a physicist at Livermoreand an executive board member of the Societyof Professionals, Scientists and Engineers,UPTE’s local there. The SPSE/UPTElocal has held a series of lunchtime talksand discussions with excellent turnouts – upto 500 employees at some.Colvin says that a union contract canprovide important protections. “Our mainconcern is the loss of job security, as we’llall become “at-will” employees in the transitionto new management, and we couldlose our UC pensions and retirement.”DOE is set to announce the result ofthe management bidding process in March.Newspaper workerswin $2.5 million onovertime, breaksAfter a three-year legal struggle,newspaper workers at the Chinese DailyNews were awarded $2.5 million for violationsof basic labor standards.A federal jury found that the newspaperhad failed to pay overtime or allowrest and meal breaks to 200 employees atits Monterey Park office. The Daily News,also known as the World Journal, is oneof the largest Chinese-language papers inCalifornia and has offices in Los Angeles,San Francisco and New York.The workers are represented by theCommunications Workers of America,UPTE’s national union.Virtually all the workers are first-generationimmigrants from Taiwan, China,Hong Kong and Vietnam. “For new immigrantshere surviving is not easy,” saidLynne Wang, a former Daily News reportertold the press. “We all feel very lucky tohave a job, and we don’t know the law,”she added.The reporters regularly worked 12hours a day, and often six days a week.Federal law requires overtime after 40hours worked in a week, and state law aftermore than 8 hours in a day.The company did not keep records ofhours for reporters or salespeople. Employeeswho did have timecards were toldnot to fill in more than eight hours a day,and some were told to record break timesthey did not take, according to the workers’lawyer, Cornelia Dai. She noted that thevictory “is important because foreign-basedcompanies come here and do business,and a lot of their employees don’t speakEnglish. They’re taken advantage of.”Governor cuts UClabor studies againFor the fourth time since his 2003election, Governor Arnold Schwarzeneggerhas launched an attack on the UCLabor Institute. The institute, with officesat UC Berkeley and UCLA, was foundedin 2000 to provide research and training onworkers’ issues. It offers the only Spanish-languagetraining program for unionleaders in the state.Responding to his business backers,the governor first attempted to eliminatethe institute’s $6 million budget shortlyafter coming into office. That effort wasdefeated after a lengthy fight. His latestbudget proposal again eliminates the $6million funding. Democratic Assemblyspeaker Fabian Nunez has pledged torestore the funding and wants to make itpermanent.Noting that business schools are longestablishedand much better funded at theuniversity, UCLA Labor Center directorKent Wong criticized the governor’s action.“The University also has a legitimaterole, not to just serve corporate interests,but to provide services to unions andworkers,” Wong told reporters.To learn more, see .Institute named for Latino leaderMeanwhile, at their January meeting,the regents agreed to name the Labor Instituteafter labor leader Miguel Contreras.Contreras, a former farm worker, wasexecutive secretary-treasurer of the LosAngeles County Labor Council when hedied in 2005.Contreras’ widow, Maria ElenaDuraso, told the regents, “The UniversityUPTEC W A 9 1 1 9nA F L C I OUniversity Professional& Technical EmployeesCommunications Workers of AmericaLocal 9119, AFL-CIOPO Box 4443Berkeley, CA 94704■(510) 704-UPTEinfo@upte-cwa.orgwww.upte.orgA ceremony in the Memorial Stadium oak grove on the Berkeley campus, which was followed by arally at Sproul Plaza attended by over one hundred students, staff and community members.Old oaks saved, for nowNeighbors, environmentalists win injunctionagainst UCB’s development plansCommunity activists have won an injunction against UC Berkeley’s plans to cutdown a grove of oaks near Memorial Stadium to build a $125 million athletic trainingcenter and 900-car parking lot.Alameda County Superior Court Judge Barbara Miller granted the injunction on January29 in response to lawsuits filed by the city of Berkeley, the California Oak Foundationand the Panoramic Hill Association, a neighborhood group, among other plaintiffs.The groups argue that UC’s environmental impact report did not sufficiently addressthe risks of building near an active earthquake fault, or consider the ecological damageof removing the 140-tree oak grove. The site sits atop the Hayward fault, one of northernCalifornia’s most potentially dangerous, and is served by a narrow two-lane road. The oaktrees are protected by a strong local conservation ordinance, but UC argues that it is notbound by local regulations.In her ruling, Miller said the plaintiffs’ case showed a strong “likelihood of success”that the construction would violate the state’s Alquist-Priolo Act regulating new publicbuildings in seismic hazard zones. The case will probably go to trial in three to six months.A group of tree-sitters has been occupying the site since early December, and say theyplan to stay until after the trial. Community members and UCB students and staff have helda series of demonstrations at the oak grove and on UCB’s Sproul Plaza.“This is a great day for the environment,” Oak Foundation attorney Stephan Volker toldthe San Francisco Chronicle. “This is sacred ground ecologically, culturally and historically,and we’re not going to stop fighting until it’s saved.”UC is calling the injunction a “temporary setback,” and is considering whether to appealthe decision.is a public university supported by the taxdollars of hardworking men and womenin our state, and I’m very proud that thiscould be the first time that a statewide institutionwithin the University of Californiais being named in honor of a rank-and-filelabor leader. Miguel would be very proudto know that the Labor Institute’s studentswill continue to carry on his work.”NON-PROFITORGANIZATIONU.S. POSTAGE PAIDBERKELEY, CAPermit 346Daniella Thompson, photo4 | UPDATE