Thursday, December 08, 2005

Tentative Agreement

To Unit 17:

The University and the Unit 17 bargaining team have just arrived at the tentative agreement described below. This deal is being brought to the members for their evaluation because the team and the unit faces a significant choice: to take the terms offered, which the team leadership believes is the best we can do at this time -- or to reject these terms and return to the bargaining process.

If the tentative agreement is ratified, the University will provide a 2% cost-of-living adjustment (COLA) retroactive to October 1, 2005. If the members choose to reject this settlement and go forward with the bargaining process, the University will continue to hold back this cost-of-living adjustment. In the past, when our unit has faced a situation where the University refused to pay COLAs due to ongoing bargaining over salary, the University provided retroactive payment of COLAs upon ratification of an agreement. In this bargaining, however, the University put forth a salary proposal that indicates that COLAs will not be paid retroactively. If this settlement is rejected and the parties return to bargaining, there is no way to know whether the University will ultimately hold to the position that it will not provide the retroactive payment of COLAs.
In weighing this proposed settlement, members must recognize that the union’s strength ultimately rests upon its members’ willingness and resolve to act collectively to secure their interests. Being tough at the table is not enough and we believe we will do no better unless we can show the University that the team has the support of an engaged membership. Greater success in bargaining will only be won through concerted collective action that forces the University to recognize the true value of librarians. By collective action, we mean the following: writing letters; signing petitions; attending union meetings; attending union rallies; and undertaking public demonstrations meant to direct attention to the University’s treatment of librarians. In short, we must commit to taking action together as UC librarians to improve our work conditions and to build a better University, up to and including our union’s ultimate weapon: a strike.

A vote of the members will be taken on January 11 and January 12. There will also be a proxy option for people who will not be at their campuses on those dates. Only members of the union can vote; if you are not a member, you will be allowed to vote only if you join the union by January 6, 2006.

We urge all members to attend the informational meetings on their campus and to address any questions to the Chief Negotiator, the Executive Director, and the members of the bargaining team.

All of the MOU articles that have been renegotiated during this round of bargaining (Salary, Duration, Professional Activities and Development, and Nondiscrimination) are attached as Word files to this message. A revised salary scale that reflects the October 1, 2005 COLA is also attached. The complete text of the tentative agreement can be found on the blog and on the UC-AFT website under "Librarians Bargaining":
http://www.cft.org/councils/uc/bargaining_lib.html.
Miki Goral, Chief Negotiator -- mik1@vzavenue.net
Anne Barnhart, UC Santa Barbara -- abucsblib@yahoo.com
Greg Careaga, UC Santa Cruz
Lincoln Cushing/Maryly Snow, UC Berkeley -- lcushing@igc.org, maryly@snowstudios.com
Ken Firestein, UC Davis -- kenfirestein@yahoo.com
Lise Snyder, UCLA –- dlcsnyder@comcast.net
Heather Tunender, UC Irvine -- tunender@gmail.com
Michael Yonezawa, UC Riverside -- mmyonezawa@yahoo.com
Karen Sawislak, UC-AFT Executive Director –- ksawislak@cft.org

_________________

Below please find a description of the tentative agreement concluded in the current reopener bargaining between the Unit 17 and the University.
1. Salary -- 2% cost-of-living adjustment (COLA) in 2005 (retroactive to October 1, 2005); 2% cost-of-living adjustment in 2006; 3% cost-of-living adjustment in 2007. Payment of the cost-of-living adjustments in 2006 and 2007 is contingent upon the University’s receipt of the funding levels specified in the current state budget compact. Funding for merit increases does not change.

2. Duration -- The entire contract is extended through March 31, 2008. (The current MOU expires on August 30, 2006.) The Union has the right to reopen Salary in the event that the state compact that guarantees these cost-of-living increases is not fully funded in 2006 or 2007, and the University does not otherwise provide cost-of-living adjustments of 2% by October 1, 2006 and 3% by October 1, 2007.

3. Professional Development Funds - For the 2005 fiscal year, a 15% overall increase in the funds dedicated to professional development in the current MOU; for the 2006 and 2007 fiscal years, an increase of 24.3% over the funds dedicated to professional development in the current MOU. Certain campuses that have been on the low end of per-capita funding have received slightly larger increases (UCSD, UCSC, UCLA, UCB). At a minimum, over the contract term each campus will get at least a 20% raise (equivalent to at least $100 per capita raise) over the present minimum funding specified in the contract. In addition, there has been a small increase in the UCOP fund for librarian research.

4. Holiday Closures -- An agreement with UCLA and UCOP to resolve the holiday closure issue at that campus that requires this campus to follow the current contract language (UCLA may no longer rely on a campus-based policy to deny requests for alternative arrangements under the MOU).

5. Increase of minimum salary to $40,000 -- The University will increase Step I in the Assistant Librarian range from $37,920 to $39,000 effective retroactively to Oct. 1, 2005 and will apply the 2% cost-of-living increase and then move the bottom step to $40,008 effective October 1, 2006. Only the bottom step in the Assistant Librarian range will be adjusted.

6. Labor-Management Committee to Study Recruitment and Retention Extension and re-formation of the committee authorized in the Librarian Compensation, Recruitment, and Retention side letter. This committee will focus on salary issues as they are related to recruitment and retention.

7. Expiration of Side Letter Allowing Hourly Intermittent Positions
The side letter to the MOU that allowed the University to utilize Hourly Intermittent Librarian positions will expire on August 30, 2006. In reaching the settlement detailed above, the union successfully resisted the University's effort to extend the Hourly Intermittent side letter to March 31, 2008. The Hourly Intermittent Librarian position will therefore cease to exist on August 30, 2006.

8. Addition of Protected Categories to Non-Discrimination Article
New language has been added to Article 2 that prohibits the University from discriminating against members of the unit on the basis of pregnancy, gender identity, or ancestry.

THE ACTUAL CONTRACT LANGUAGE WILL BE POSTED BELOW

ARTICLE 2
NONDISCRIMINATION

The provisions of this Agreement shall be applied to all members of the unit within the limits imposed by law or University regulations without regard to race; color; religious belief or non-belief; marital status; national origin; ancestry; sex; sexual orientation; gender identity; pregnancy; physical or mental disability; medical condition (cancer-related or genetic characteristics); political affiliation; union activity; or status as a covered veteran (Vietnam-era veteran, special disabled veteran, recently separated veteran, or any other veteran who served on active duty during a war or in a campaign or expedition for which a campaign badge has been authorized) or, because of age or citizenship. Complaints alleging unlawful discrimination are reviewable as grievances only if they allege violation of a section of this Agreement which is subject to the grievance procedure and only to the extent that that section is reviewable.

ARTICLE 3
PROFESSIONAL ACTIVITIES AND DEVELOPMENT

A. Librarians are required to devote their time and energies to service on behalf of the University. Certain commitments established by the University will involve specific schedules and obligations that shall be met by the librarian. There shall be reasonable flexibility and reasonable individual discretion for librarians in the use of University time so that they may function as academic appointees of the University of California. Choice of other activities such as study, writing, research, public service, and requests to attend workshops, institutes, and conferences, as well as the choice of professional organizations in which to be active, are left to the discretion of the individual librarian. Decisions regarding the 1) allocation of University funds to librarians for study, writing, research, public service and other professional development activities and 2) the provision of leave to attend professional meetings, conferences, seminars and/or workshops are not grievable or arbitrable.

B. The University shall provide funding and opportunities for research and other professional development activities. Other professional development activities include creative activities, professional meetings, conferences, seminars, and workshops. Such funding and opportunities shall be allocated and distributed on a competitive basis at the campus level in accordance with the established procedures. The mix of funding between research and other professional development activities may fluctuate from year to year according to individual campus needs.

C. Grant proposals other than those supported by funds described in Section D. and E. of this Article which designate a librarian as Principal Investigator are subject to approval at the sole discretion of the University, in accordance with Contracts and Grants Policy.

D. The University of California shall allocate $250,950 for 2005 and $269,056 for 2006 per year in various campus amounts for members of the unit to use for research, creative activities, professional meetings, conferences, seminars, and workshops. These funds shall be a minimum amount and shall not preclude the allocation of additional funds at the discretion of the University. Such additional funds shall be distributed through the same procedures as the funds agreed to in this paragraph.

The campus allocations are:
.........................OLD.................... 2005............2006
Berkeley............$46,440..............$53,540....... $55,876
Davis.................$22,680..............$26,160....... $27,170
Irvine.................$19,980.............$23,040........$23,930
Los Angeles.......$55,080.............$63,870........ $69,263
Merced...............$1,000...............$2,500..........$5,000
Riverside............$17,820.............$20,540........$21,330
San Diego..........$18,900.............$21,800.........$24,557
San Francisco.....$5,940...............$6,500..........$6,750
Santa Barbara.....$15,660............$18,050..........$18,740
Santa Cruz.........$12,960............$14,950.........$16,440

E. A special University-wide research fund of up to $24,300 shall be allocated by the Office of the President and distributed in accordance with the established procedures. This fund may be used to support research involving more than one campus, joint support with one or more campuses of a research project, and other similar research ventures such as individual research projects which cannot be funded at the campus level.

F. Any encumbered balances in the campus funds or the University-wide research fund will be carried over into the next fiscal year. For the purpose of this Article encumbered funds are funds for which a commitment has been made to an individual.

G. Should the number of librarians increase because of ongoing discussions between the parties regarding the unit status of librarians, the amounts in the campus funds and the University-wide research fund will be adjusted accordingly.

H. Nothing in this Article shall preclude librarians from applying for and receiving funding from other sources. Such awards shall not affect their eligibility for awards from the funds established in this Article.

ARTICLE 12
SALARY

A. General Range Adjustments

When the contract is in effect, librarians will receive general range adjustments in an amount equal to and on the same date as any general range adjustments provided for non-represented academic employees.

B. Merit Increases

Librarians in the bargaining unit shall be eligible for merit increases to the extent and in the same manner as they are provided to non-represented academic employees.

C. Non-General Range Adjustments

UC-AFT acknowledges that during the course of the contract the University may allocate funds to provide non-general range adjustments to non-represented academic employees and that such adjustments will not be provided to members of this unit except through completion of the bargaining process.

D. Obligation to Bargain

Provisions regarding general range adjustments and merit increases shall remain in effect during the contract term. However, when the contract is not in effect or during reopeners, if any, on Salary, any increases must be expressly agreed to by the parties.

E. Grievability

Librarians cannot grieve the amount of the general range adjustment, however, the implementation of the amount and timing of the general range adjustment is subject to grievance and arbitration.

F. Additional Salary Scale Adjustments

The salary for Assistant Librarian I will be increased as identified below.

Effective October 1, 2005 the minimum salary for Assistant Librarian I will be increased to $39,000.

Effective October 1, 2006 the minimum salary for Assistant Librarian I will be increased to $40,008.

G. Order of Increases

1. Merit Increases - for those eligible Librarians effective July 1 of any given year.

2. General Range Adjustments - effective October 1, 2005, October 1, 2006 and October 1, 2007.

3. Additional Salary Scale Adjustments - for those in the Assistant Librarian I title effective October 1, 2005 and October 1, 2006.


H. The University and the UC-AFT agree to continue to meet to discuss librarian recruitment and retention of bargaining unit members as described in the Librarian Recruitment and Retention Sideletter.

ARTICLE 30
DURATION OF AGREEMENT

A. The terms and conditions of this Agreement shall remain in full force and effect until March 31.

B. Except as provided herein, neither party shall have any duty to meet and confer with respect to any modification of this Agreement.

C. Written proposals for a successor Agreement shall be exchanged by the parties no later than November 1, 2009.

D. CONDITIONAL RE-OPENER BARGAINING

In Fiscal Year 2006-07, if the University does not receive the full funding as specified in the Compact with the Governor for Fiscal Year 2006-07, and the University does not provide a general range adjustment of at least 2% on October 1, 2006, the UC-AFT shall have the right to re-open the Salary Article.

In Fiscal Year 2007-08, if the University does not receive the full funding as specified in the Compact with the Governor for Fiscal Year 2007-08 and the University does not provide a general range adjustment of at least 3% on October 1, 2007, the UC-AFT shall have the right to re-open the Salary Article.

The UC-AFT shall serve written notice of its intent to re-open Article 12 - Salary no later than November 1st of either 2006 or 2007.
Re-opener bargaining shall begin no later than January 15 of either 2007 or 2008.

E. In the event that neither party gives timely notice as set forth in this article, this Memorandum of Understanding shall remain in effect on a year-to-year basis. In the event that the Memorandum of Understanding continues in this manner and either party wishes to bargain, the parties shall provide written proposals and a list of bargaining team members for a successor Memorandum of Understanding no later than December 1 of the applicable year.

Side Letter
Librarian Recruitment and Retention

The parties agree to continue discussions with regard to Librarian Recruitment and Retention as an extension of the current Side Letter - Librarian Compensation, Recruitment and Retention. The parties agree to meet and discuss a plan for these discussions no later than February 15, 2006.

Karen Sawislak
Executive Director, UC-AFT
One Kaiser Plaza, #1440
Oakland, CA 94612

Miki Goral
UC-AFT Treasurer & Chief Negotiator
11728 Wilshire Blvd., #B-1007
Los Angeles, CA 90025

RE: Requests for Alternative Arrangements During Holiday Closures

Dear Karen and Miki:

This letter confirms our understanding with regard to requests for alternative arrangements during holiday closures.

The parties understand that Article 20 – Vacation, Section B.4. of the current agreement between the parties provides for requests by Librarians for alternative arrangements during holiday closures. There have been ongoing discussions with regard to this contract language and its interpretation at the UCLA Library and this letter of understanding is an effort to identify the process and potential approval of said requests.

Librarians will follow local procedures for requesting alternative arrangements during holiday closures in accordance with Article 20 – Vacation and will detail the work that they plan to accomplish during the day(s) requested. The University Librarian will consider such requests on a case-by-case basis and in accordance with the contract language. While campus holiday closure instructions will be considered, exigent circumstances will not be the sole determining factor in UCLA’s decision whether to grant or deny a Librarian’s request for alternative work.

The parties will make every effort to consider requests for the upcoming 2005 holiday closure in accordance with this letter of understanding.

Further, in an effort to continue the local discussion regarding the implementation of the above process, the parties agree to meet and discuss the issue no later than June 30, 2006.

Please indicate your concurrence with this understanding in the space provided below and returning a signed copy to me.

Sincerely,



Shelley L. Nielsen
Assistant Director – Labor Relations



cc: University Librarian Strong
Director Okada
Director Thompson
HR Director Hawthorne


AGREED:



__________________________ _______________
Karen Sawislak Date
Executive Director, UC-AFT

Friday, December 02, 2005

Unit 17 Tentative Agreement Discussion

This site is for discussing the tentative agreement of December 2005 between UC-AFT unit 17 and the University of California Office of the President. The lead negotiator will post here her summary of the contract, and we ask all of you to post your below.