UC-UAW

• Superior Court Temporary Restraining Order Ruling
• UC vs UAW Superior Court Complaint
• UC vs UAW Superior Court Filing
• UC Response to UAW’s Unfair Labor Practice Charge
• Amended Request for Injunctive Relief
• Supplemental Evidence for Injunctive Relief
• UC ULP Against UAW
• UC Request for Injunctive Relief
• Complaint issued against UAW
• Denial of Injunctive Relief
• California Public Employment Relations Board (PERB) Unfair Labor Practice Information

• Academic Researchers
• Academic Student Employees
• Graduate Student Researchers
• Postdoctoral Scholars

UC and UAW resolve issues around the conversion of top-ups to wages

In the interest of promoting harmonious labor relations, UAW 4811 and the University have agreed to resolve a number of grievances around the conversion of top-ups to wages. With this agreement in place, both parties acknowledge that the University has, in satisfaction of the collective bargaining agreement, converted top-ups into wages on the agreed-upon salary scales, and ended the practice of providing top-ups.

A “top-up” (also called “top-off”) is defined as the amount of money that an ASE or GSR received above their ASE or GSR employment wages to reach their department’s previously offered funding package commitment and receipt of the remaining funding package amount is dependent on whether the individual accepts the ASE or GSR appointment.

“Top-ups” also include “Micro-GSR” appointments, which are very small GSR appointments coinciding with existing ASE appointments and serving only as a technical vehicle for pay to help reach the exact funding package amount.

The Union and University agree that for funding package commitments issued, where only a total annual funding package amount is listed, where summer student financial support is offered, and such funding package commitment expressly provides that the funding will be through a combination of ASE or GSR employment and non-employment student financial support: if such summer student financial support is reduced and substantially offsets the wage increases for an ASE or GSR’s appointment during the prior academic year, solely to maintain the annual funding package amount, it would be considered a “Top-Up”. 

Given that UAW and UC agreed to convert all top-ups to wages in the 2022 contract, if such a practice were found to be in place, the University would follow its established procedures to convert the top-up into wages, or, in the case of summer support, restore the summer student financial support amount.

UAW and UC have agreed to a process for addressing and remediating any implementation issues related to the process of rolling top-ups into wages during the contract implementation process.

“We are happy that both parties were able to come together in good faith to work through a complex issue with a settlement agreement that is fair and comprehensive,” said Matt Teaford, Executive Director of Systemwide Employee and Labor Relations for the University of California. “We share a commitment to our students and employees and appreciate UAW’s efforts to resolve these conflicts collaboratively.”

“Academic workers at UC have spent years working towards a simpler and more equitable pay scale,” said Rafael Jaime, a PhD candidate in English at UCLA and the President of UAW Local 4811. “We’re glad UC management was willing to take this step towards a fair, streamlined salary system together with our union.”

The University of California and the UAW have a mutual interest in maintaining productive labor relations. ASEs and GSRs with questions about the implementation of this agreement should reach out to: organize@uaw4811.org.

UAW strike formally ends; breach of contract case will continue in Superior Court

The International Union, United Automobile, Aerospace and Agricultural Implement Workers of America (UAW) agreed to extend the temporary restraining order that ended the strike that began last month. The University of California’s breach of contract case against UAW is ongoing. 

• Strike Officially Over: Both parties agreed to extend a temporary restraining order (TRO) through June 30. Since UAW had only authorized the strike through June 30, this extension signifies a formal end to the strike. In light of this agreement, the hearing on the preliminary injunction that was previously scheduled for June 27 is no longer necessary.  
• Contract Dispute Continues: The underlying lawsuit regarding the breach of contract will proceed in Superior Court. The next hearing on the case will be on Nov. 8.
• Unfair Labor Practice Charges Under Review: Separate unfair labor practice (ULP) charges filed by both the University and the UAW related to activities in May and the UAW’s strike will continue to be reviewed by the Public Employment Relations Board (PERB).

“While we are relieved this strike is over, we continue to seek clarity that our no-strike clauses are enforceable and that we can rely on our contracts to provide labor peace through the term of our agreements, supporting UC’s ability to provide critical academic and research services to our community,” said Missy Matella, associate vice president of Systemwide Employee and Labor Relations.

Court orders UAW strike to end across UC campuses

A Superior Court judge today granted a temporary restraining order to the University of California, temporarily halting the illegal systemwide strike by UAW-represented employees across campuses.  

The action comes after UC filed a lawsuit and requested injunctive relief Tuesday against UAW for breach of contract. UC and UAW have collective bargaining agreements that each have no-strike clauses. UAW-represented UC employees began striking on May 20 at UC Santa Cruz and the strike has expanded to six of the 10 systemwide campuses.  

“We are extremely grateful for a pause in this strike so our students can complete their academic studies. The strike would have caused irreversible setbacks to students’ academic achievements and may have stalled critical research projects in the final quarter,” said Melissa Matella, associate vice president for Systemwide Labor Relations.  

“From the beginning, we have stated this strike was illegal and a violation of our contracts’ mutually agreed upon no-strike clauses,” Matella added. “We respect the advocacy and progressive action towards issues that matter to our community and our community’s right to engage in lawful free speech activities — activities that continue to occur across the system. However, UAW’s strike is unrelated to employment terms, violates the parties’ agreements, and runs contrary to established labor principles.” 

While this is an important victory critical to support student success, the University will continue to pursue its legal claims in state court and PERB to protect labor peace across the system. 

UC sues UAW over breach of contract

In order to ensure that it can meet its commitments to its students, patients and campus community, the University of California filed a lawsuit today against UAW, the labor union striking across UC campuses in violation of their contract. The suit asks the state to issue a temporary restraining order to UAW to immediately end a strike on UC campuses. 

“The blatant breach of the parties’ no-strike clauses by UAW will continue to cause irreversible harm to the University as it will disrupt the education of thousands of students in the form of canceled classes and delayed grades,” said Melissa Matella, associate vice president for Systemwide Labor Relations. “The breach of contract also endangers life-saving research in hundreds of laboratories across the University and will also cause the University substantial monetary damages.” 

The filing notes that UAW bargaining unit members have refused to teach classes, lead discussion sections, conduct research, or otherwise perform their job duties on the striking campuses. It also describes the wide-ranging impacts on the UC system: 

• Individuals carrying UAW picket signs have also blocked egress and ingress to various University buildings and access points, including hospitals and childcare centers. 
• For example, individuals carrying UAW picket signs have blocked key access points at UC Santa Cruz, causing extreme disruption to its operations. 
• Individuals carrying UAW picket signs have stormed and barricaded themselves into buildings at UCLA. 
• Also, at UCLA, individuals carrying UAW picket signs have blocked streets, parking lots, and loading docks, preventing access by the community. 

UC has stated that the strike is about political and social issues, not terms of employment and issues related to labor. 

The filing states that “UAW members individually advocating for the vote understood that the strike was to support UAW’s political and social position. One noted the international focus of the strike and made clear that the vote was about divestment and Palestine. Another pushed their department to vote for the strike stating, “[T]he top demand that matters here is disinvestment. This is about Palestine first and our ability to work comfortably at UC second.” UAW has stated that it will expand its strike systemwide by the finals period, which is early to mid-June for most of the University’s campuses. 

“Without immediate injunctive relief, the University will suffer irreparable harm to its operations, as well as the educational experience and academic progress of its students,” the filing notes.

PERB refuses to take immediate action to stop unlawful strike – Complaint against UAW is still pending

The state Public Employment Relations Board refused to take action today to end the UAW strike across UC campuses immediately.  

“We are disappointed that the state agency dedicated to the oversight of public employment could not take decisive and immediate action to end this unlawful strike – a decision that harms UC’s students who are nearing the end of their academic year,” said Melissa Matella, Associate Vice President for Systemwide Labor Relations.   While PERB has not agreed to act immediately through an injunction, it has issued a complaint against UAW about its strike. 

UC will file a breach of contract action against UAW in state court as a next step.  

“Now that UC has exhausted the PERB process for injunctive relief, UC will move to state court and is hopeful for quick and decisive action so that our students can end their quarter with their focus on academics,” Matella said. 

Concurrently with state action, PERB is still charged with reviewing Unfair Labor Practices (ULPs). PERB has issued a complaint against UAW based on UC’s ULP.  On Friday, UC responded to the UAW’s ULP. PERB is still reviewing and has not issued a complaint against the University.   

We are disheartened that UAW continues publicly escalating its unlawful strike in violation of its contracts’ no-strike clause and encouraging its members to disrupt and harm the ability of our students to navigate finals and other critical year-end activities successfully. UAW’s goal to “maximize chaos and confusion” has come to fruition, creating substantial and irreparable impacts on campuses and impacting our students at a crucial time of their education. We are hopeful PERB will intervene and ask the court to end this precedent-setting, unlawful action.  

UC Files Amended Request for Injunctive Relief; Cites New Evidence of Irreparable Harm 

The University of California (UC) filed an amended request for injunctive relief today, asking the state Public Employment Relations Board (PERB) to ask a court to end the UAW strike across UC campuses immediately.  

The submission follows PERB’s allowance for UC to present further evidence regarding the adverse effects of the UAW strike. UC highlights recent evidence detailing how the ongoing strike has resulted in significant disruptions on campus, posing harm to students, faculty, and staff. 

“Since the Union announced its unlawful strike vote, its members have forcibly occupied an academic building at UCLA and damaged it with graffiti, invaded classrooms where faculty and students were trying to learn, blocked roadways, and have refused to teach, conduct seminars, administer exams, among other duties that students rely on to complete their course work,” the new filing states. 

The filing also notes that UAW members, or at least individuals operating under apparent authorization from UAW — have engaged in unlawful and dangerous activities under the guise of a strike. For example, individuals claiming to represent UAW hit a police officer over the head with a UAW sign, occupied an important academic building at UCLA, attempted to barricade its entrances, and left graffiti inside the building when they were finally dispersed. A few days later, individuals carrying UAW picket signs at UCLA unlawfully blocked roadways, forcing drivers to weave through people to escape the blockage.  The same conduct has occurred at UC Santa Cruz, with UAW picketers and protesters blocking both entrances to UC Santa Cruz’s campus. 

“The impact of this unlawful behavior on our students is substantial,” said Melissa Matella, Associate Vice President for Systemwide Labor Relations. “Allowing the strike to continue deprives students of access to crucial instructors as they prepare for finals and work to complete final projects. This instructional time can never be made up, nor can the impact of lost projects and exams.” 

UC response to UAW’s strike expansion 

The University remains disappointed that the UAW is engaging in an illegal strike in violation of our contract’s mutually agreed no-strike clauses to advance issues that have no bearing on employment at UC.  We are working with campus administrators to minimize disruption as much as possible, but it is inevitable and unfortunate, especially amidst an already stressful quarter and educational experience for students. In response to the University’s request for injunctive relief, we hope that PERB issues a ruling to stop these unlawful strikes so that students, faculty, and staff across the University system can focus on critical end-of-the-academic-year teaching, grading, and ongoing time-sensitive research.

PERB issues complaint against UAW 

The state Public Employment Relations Board (PERB) has issued a complaint against UAW today for its unlawful strike activity.  

The issuance of the complaint means that PERB investigated the charge and found enough evidence to suggest that a violation may have occurred, and further examination is warranted. PERB also ordered UC and UAW to mediation in an effort to resolve the University’s Unfair Labor Practice, which will be held later today. 

Filing ULPs is a customary practice when attempting to resolve labor disputes. Once filed, a PERB agent will investigate the charge to determine if a “prima facie” case exists, meaning there’s enough evidence to suggest a violation may have occurred. If a prima facie case is found, a formal complaint is issued, as was the case with yesterday’s complaint against UAW.  

“The University is pleased by this expedited action from PERB,” said Missy Matella, Associate Vice President for Systemwide Labor Relations. “We have maintained from the beginning that UAW’s actions violate our mutually agreed contracts. We are eager to see a quick and just resolution to this matter so that our students, faculty and staff can end this academic quarter without further disrupting their education and progress towards degree completion.” 

PERB noted that UAW and UC have no-strike clauses in their contracts, which state: “During the term of this agreement or any written extension thereof, the University agrees that there shall be no lockouts by the University. The UAW, on behalf of its officers, agents, and members agrees that there shall be no strikes, including sympathy strikes, stoppages or interruptions of work, or other concerted activities which interfere directly or indirectly with University operations during the life of this agreement or any written extension thereof. The UAW, on behalf of its officers, agents, and members, agrees that it shall not in any way authorize, assist, encourage, participate in, sanction, ratify, condone, or lend support to any activities in violation of this article.” 

PERB’s complaint states that UAW “failed to provide adequate advance notice of its work stoppage, and failed and refused to meet and confer in good faith in violation of Government Code section 3571.1(c).” 

UC filed a request for injunctive relief with its unfair labor practice charge after UAW voted to strike to protest the Palestine-Israel conflict. UC sought immediate action before PERB reaches a final decision on the University’s ULP. Because injunctive relief is issued before PERB’s process is complete, it is an extremely high standard that requires a showing of irreparable harm. PERB declined to seek an injunction at this time but left UC’s request open if it learns of evidence or facts to support relief in the future.  

After mediation, the case will be heard before an administrative law judge (ALJ), where both sides present evidence and arguments.

University of California files injunction to end UAW strike 

The University of California filed for injunctive relief with the state Public Employment Relations Board (PERB) today, seeking to enjoin UAW’s strike. Allowing the strike to continue will cause the University and its students irreparable harm — UAW members play a critical role in year-end activities like teaching, grading, and ongoing time-sensitive research.  

UAW’s strike is unlawful because the goal is to pressure the University to concede to a list of politically motivated demands closely linked to the protests occurring across California and the nation. While the University continues to support free speech, lawful protests, and its community’s right to engage in the same, UAW is a labor union and its negotiations with the University must be tied to terms and conditions of employment and terms in the collective bargaining agreement. Further, the University has closed contracts with “no strikes” provisions for all UAW bargaining units that prohibit work stoppages during the term of the agreement.  

UC reiterates our support for free speech and lawful protests and recognizes the seriousness of the concerns its community has raised about the conflict in the Middle East. The University has allowed — and will continue to allow — lawful protesting activities surrounding the conflict in the Middle East.

UC files unfair labor practice charge against UAW for illegal strike

The University of California filed an Unfair Labor Practice (ULP) with the state Public Employment Relations Board today, asking the state to order UAW 4811 and its bargaining unit members to cease and desist strike activity. 

UAW authorized a potential strike on Wednesday and has stated action is imminent and would be designed to “maximize chaos and confusion” across the UC system. On May 17, UAW announced it asked its members at UC Santa Cruz to strike on Monday, May 20. UC’s filing asks PERB to issue a cease and desist to UAW from engaging in any current strike activities and refrain from future strikes violating the no-strike provision in its collective bargaining agreements.

“Given UAW’s publicly stated position and the subsequent potential impacts on our students and campuses, we are forced to take decisive action to ensure we can continue to fulfill our fundamental missions of teaching, research and public service,” said Melissa Matella, Associate Vice President for Systemwide Labor Relations. 

Each of UAW’s four systemwide bargaining units with UC state: The UAW, on behalf of its officers, agents and members, agrees that there shall be no strikes, including sympathy strikes, stoppages or interruptions of work, or other concerted activities which interfere directly or indirectly with University operations during the life of this agreement or any written extension thereof. The UAW, on behalf of its officers, agents, and members, agrees that it shall not in any way authorize, assist, encourage, participate in, sanction, ratify, condone, or lend support to any activities in violation of this article.

“We respect and value a productive working relationship with our labor unions,” Matella added. “We collaborate regularly to reach mutually beneficial agreements around employment terms. We have and continue to hope that UAW will honor the terms of our contracts.”

UC statement on UAW vote to conduct unlawful strike 

“This strike is illegal,” said Melissa Matella, Associate Vice President of Systemwide Labor Relations. “UAW’s decision to strike over nonlabor issues violates the no-strike clause of their contracts with UC and sets a dangerous and far-reaching precedent that social, political and cultural issues – no matter how valid – that are not labor-related can support a labor strike.” 

UAW and UC have mutually agreed upon contracts in place which state: The UAW, on behalf of its officers, agents and members, agrees that there shall be no strikes, including sympathy strikes, stoppages or interruptions of work, or other concerted activities which interfere directly or indirectly with University operations during the life of this agreement or any written extension thereof. The UAW, on behalf of its officers, agents, and members, agrees that it shall not in any way authorize, assist, encourage, participate in, sanction, ratify, condone, or lend support to any activities in violation of this article. 

UAW 4811 has stated that they believe their members’ freedom of speech and expression was violated after demonstrations at UCLA and UC San Diego. To be clear, the University supports free speech and lawful protests. Across the UC system, campuses have allowed—and continue to allow—lawful protests surrounding the conflict in the Middle East. But when protests violate University policy or threaten the safety and security of others, the University has taken lawful action to end impermissible and unlawful behavior. 

More importantly, campus administrators who met with protestors understood they were meeting with students to discuss peaceful resolutions to student concerns. The University had no indication that the protests were connected to any labor dispute or the terms of employment for students, some of whom are also UAW members in their capacity as University employees. The list of demands from student protestors, and even from UAW 4811, are political demands that are outside the terms of the collective bargaining agreement.

For 150 years, the University of California has stood as a catalyst for collective action in service to social good. We have a proud history of respecting advocacy movements by our students, faculty, and staff and believe that the right to peaceful protest is a cornerstone of democracy. 

Additionally, we deeply value the contributions of our union-represented employees to our mission. We have worked closely with them to negotiate fair contracts that include increased compensation, more robust benefits, and, for UAW-represented members, free and discounted tuition to receive a world-class degree.

UC believes that a strike sets a dangerous precedent that would introduce non-labor issues into labor agreements. If a strike is allowed for political and social disputes, the associated work stoppages would significantly impact UC’s ability to deliver on its promises to its students, community, and the State of California. To be clear, the UC understands and embraces its role as a forum for free speech, lawful protests, and public debate. However, given that role, these non-work-related disputes cannot prevent it from fulfilling its academic mission. Further, this precedent would apply far beyond the University, impacting public employers across the state and their ability to deliver core services.

While we acknowledge the profoundly troubling issues about the ongoing conflict in the Middle East and understand their impact on our students and employees, the University maintains that these issues fall outside the scope of negotiation for employment and the implementation of existing labor contracts. 

The University’s focus remains on providing each student with the education they have paid for and discussing appropriate workplace concerns with all union-represented employees that honor their commitment to our students and provide competitive compensation and safe, equitable working conditions for everyone.  

The University is concerned that a potential strike by UAW-represented academic employees could create significant disruptions at a time when stability and support are crucial for our community. A strike during this already vulnerable time will maximize disruption, interfere with end-of-year activities and create more uncertainty for our students and communities. 

There is no basis under the contract or the law for UAW to strike. UC and UAW have a mutually agreed upon contract that states: The UAW, on behalf of its officers, agents, and members agrees that there shall be no strikes, including sympathy strikes, stoppages, interruptions of work, or other concerted activities which interfere directly or indirectly with University operations.  

Today we are deeply saddened by the violence and harm to our UC communities over the last several days. Our hearts go out to all of those individuals impacted as we work towards healing our communities. 

Violence does not have a place at our campuses – public institutions designed to further civil discourse and learning in an effort to better our society and lift up our collective communities. 

With these critical goals in mind, the University of California is deeply alarmed, concerned and disappointed that our UAW-represented academic employees would choose this moment of crisis to take a vote to engage in an unlawful work stoppage. UC values these employees and asks them to join it in supporting our communities at this time. 

To be clear, UC has closed contracts with the UAW that prevent its members from engaging in work stoppages and create a duty for the union to prevent its members from doing the same. There is no basis under the contract or the law for UAW to engage in a work stoppage. Further, given the vulnerable status of our communities at this moment, a strike vote by UAW is essentially a vote to take advantage of and exploit this complex and impactful situation.