How does bargaining work?

Report
Service Employees International Union (SEIU)
California State University Employees Union (CSUEU)
Association of California State Supervisors (ACSS)
California State Retirees
Are affiliates of California State Employees Association (CSEA)
Contract
Bargaining
In 1978, the California legislature passed
a collective bargaining law called the
Higher Education Employer-Employee
Relations Act (HEERA). It requires the
University to bargain whenever it wants to
make changes in wages, hours, or other
terms and conditions of employment.
Bargaining involves each side making
written proposals to each other and
responding to the other side’s proposals.
Each side presents arguments and
evidence in favor of their proposals. They
make one draft after another until they
reach a version that both sides can agree
upon.
• CSUEU President and CSUEU Vice
President of Representation
• Elected by all voting members of each
chapter executive committee
• Chair and Vice Chair for Unit 2, Health
Care Support
• Chair and Vice Chair for Unit 5 Operations
Support
• Chair and Vice Chair for Unit 7,
Administrative Support
• Chair and Vice Chair for Unit 9, Technical
Support
• Every three years, members from each
chapter elect one bargaining unit
representative from each of the four
units.
• The bargaining unit representatives
from each chapter elect the chairs and
vice chairs for each bargaining unit.
• The union’s chief negotiator - A paid labor
relations professional who works for the
CSU Employees Union.
The Bargaining Councils for Unit 2, 5, 7,
and 9 prepare bargaining proposals and
handle the statewide interests of each
bargaining unit. The Vice President for
Representation coordinates the work of
the four bargaining unit councils.
• For the first time our chapter leadership will
solicit input from members regarding their
issues and needs under our contract.
• Based on your input and ours, we will
create proposals and submit them to the
Unit Chairs.
• All represented staff must support our
bargaining team and the bargaining
process. Without membership support the
bargaining team will not be successful.
• If you aren’t a member SIGN UP NOW!
There’s strength in numbers.
• When you are asked to take action DO IT!
Bargaining involves each side making
written proposals to each other and
responding to the other side’s proposals.
Each side presents arguments and
evidence in favor of their proposals. They
make one draft after another until they
reach a version that both sides can agree
upon.
All employees in the bargaining units
represented by CSUEU (2, 5, 7 and 9)
are affected by our bargaining with the
CSU.
There is no difference. HEERA uses
the former to refer to a contract.
Impasse means that the parties have reached
a point in bargaining at which their differences
in positions are such that further negotiations
would be futile. Under the Higher Education
Employer-Employee Relations Act (HEERA),
either the CSU and/or the CSUEU submits a
petition to the California Public Employment
Relations Board (PERB) contending that an
impasse exists.
PERB reviews the petition and makes a
determination as to whether or not an
impasse exists. If PERB agrees that there is
an impasse, the first step is mediation. If
PERB decides that an impasse does not
exist, the parties must return to the
bargaining table to resume negotiations.
According to PERB, over the last ten
years, 84% of mediation sessions
resulted in settlements and 74% of all
fact-finding sessions resulted in
settlements.
If the parties do not reach a settlement
within 15 days after the mediator’s
appointment, the mediator can declare
fact-finding to be an appropriate way to
resolve the dispute. Fact-finding is the
second and final step in the impasse
procedures set forward in HEERA.
Fact-finding is a formal process
conducted by a three-person panel: one
selected by CSUEU, one selected by
CSU, and a neutral chairperson
mutually selected by the parties from a
list of arbitrators. The fact-finding panel
holds hearings and considers the
information provided by the parties.
If the fact-finding process doesn’t result in a
resolution of the disputes, the three-person
panel will issue a report. This report is
confidential for ten days and serves as a
vehicle for settlement. If a settlement is not
reached within the ten-day period, the report
becomes public. The recommendations of
the fact-finding panel are advisory, however.
The fact-finding panel holds hearings and
considers the information provided by the
parties. If the fact-finding process doesn’t
result in a resolution of the disputes, the
three-person panel will issue a report.
This report is confidential for ten days
and serves as a vehicle for settlement. If
a settlement is not reached within the
ten-day period, the report becomes
public. The recommendations of the factfinding panel are advisory, however.
If PERB declares that an impasse
exists, the State Mediation and
Conciliation Service will appoint a
mediator to assist the parties in reaching
a mutually acceptable agreement.
No. It is just a recommendation. The
two sides can decide to use the report
to continue bargaining but they are not
required to do anything other than
publish the report.
The employer is allowed to unilaterally
implement its last, best and final offer.
This is not the fact-finding report, but the
proposals they had on the table when
they went to impasse. The employer can
implement all, some, or none of its
proposals.
The law requires the two sides to
bargain in good faith. That means they
must show that they honestly
considered the proposals of the other
side and tried to come to an agreement.
If they do not do this, they can be
charged with an unfair labor practice
before PERB.
CSU employees play a major part in
contract negotiations. The University
needs the staff to get work done. If
they are unhappy or angry, they can
take job actions.
When employees speak up for their union’s
proposals, they influence the campus presidents
and CSU Trustees.
It is vitally important that all represented staff
stand up and openly support our bargaining
team.
Our support will give our team strength at
negotiations.
Only full CSUEU
members are eligible
to vote on our
contract
• The CSU consistently states that CSUEU
(the union) doesn’t represent a majority.
• Becoming a full member indicates you
support our contact and all of the
guaranteed benefits we enjoy.
• Joining the union sends a message to the
CSU that you are committed to CSUEU
and supportive of a bargaining process.
•Why do you think people
don’t join the union?
•How can we sign up more
members?
•What are the characteristics
of a leader?
•How can leaders help us
during contract negotiations?
• Who will volunteer to be a Chapter
319 Captain and volunteer to help
officers organize for contact
bargaining?
• Department Captains will be the
contact people for the Chapter
319 Leadership.
• It is necessary for the members to
reflect a sense of solidarity in the eyes
of management, an image that shows
that the union is alive and well in
employees.
• A united front is always the only true
way to impose our desires on
management.
How can we improve internal
organizing?
• Externally, each and every one of us needs
to be on the alert for sound ways we can
introduce CSU Staff and our Union to the
public.
• Working for State Education makes us
known in the public.
• We must always educate our family, friends
and neighbors on what effects the CSU
and us as employees.
How can we improve external
organizing?

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