Frequently Asked Questions about UAW Actions

The University of California and the UAW have collective bargaining agreements representing four bargaining units as generally described in the first question below. While the parties are not in active negotiations, UAW has asked its members to take a strike vote. If successful, that strike vote could result in work stoppages starting as early as the evening of May 15, 2024.

The University is providing the below frequently asked questions (FAQs) to ensure that its employees and faculty with duties related to managing academic personnel, labor relations, time and effort reporting, contracts and grant administration, and education and research continuity have the information they need.

While these FAQs are publicly available, a link to the below FAQs should only be actively sent to those employees and faculty with responsibilities related to academic personnel, labor relations, time and effort reporting, contracts and grant administration, and education and research continuity duties. This means, for example, they should not be broadly distributed to all employees or distributed through all-employee newsletters.

A link to the FAQs should not be sent to UAW-represented employees. UAW-represented employees should consult with their union representatives regarding strike-related questions.

The FAQs below are not meant to change or modify the parties’ collective bargaining agreements and will be updated as needed to address changing circumstances and to cover additional questions from our community.

General Questions

GENERAL Q1: What represented units are covered by the UAW strike authorization vote?

The systemwide strike vote, occurring from May 13-15, 2024, covers all UAW bargaining units, which are Academic Researchers, Postdoctoral Scholars, Academic Student Employees (“ASEs” are TAs, Readers, Tutors), and Graduate Student Researchers.

GENERAL Q2: Is this a legal strike?

No. The UAW and the University of California have collective bargaining agreements that prohibit strikes during those agreements. It is the University’s position that given that language, UAW-represented employees are generally prohibited from striking during the contract. For example, per Article 19 of the GSR Contract: “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 ASE and GSR contracts do not expire until May 31, 2025, and the Postdoc and Academic Researcher contracts do not expire until September 30, 2027.

GENERAL Q3 Does the strike become legal because there was a vote by the union?

No. The legality of a strike is determined by the terms of the collective bargaining agreement and the law.

GENERAL Q4 Despite the no-strike clauses in the collective bargaining agreements, the UAW’s position is that a strike could be allowed because certain University actions constituted an unfair labor practice. Does that make it legal?

No. Generally, filing a ULP does not give a union the right to strike during a closed contract. The University strongly disagrees with the UAW that any exception to this general rule applies and strongly believes that the action is an unlawful strike. All community members are free to exercise their First Amendment rights within the restrictions set forth in University policy and the law. Community members’ First Amendment rights exist separate and apart from the labor law the Union alleges would allow it to strike. The University does not believe the issues that are the subject of the campus protests involve rights under labor law.

GENERAL Q5: What specific actions will the University take in the event of an unlawful work stoppage?

In response to an unlawful strike, the University will take action with the Public Employment Relations Board (PERB) and Superior Court to assert that the strike is unlawful.

GENERAL Q6: What happens if employees engage in sympathy strikes in support of the UAW?

When Individuals or other bargaining units strike in sympathy with a primary striking union, they “step into the shoes” of the primary striking union for purposes of state labor laws. That means that if the UAW strike is unlawful, any sympathy strikes are unlawful as well. Additionally, the University’s other collective bargaining agreements prohibit strikes and sympathy strikes during the terms of those agreements. Employees, including faculty, who withhold labor through a strike or sympathy strike are not entitled to pay for the period they are on strike.

GENERAL Q7: When a union calls or supports a strike, are employees represented by those unions able to come to work?

Yes. Employees who decide not to participate in the strike are free to come to work. The law protects the right of all employees to cross a picket line. Under the labor laws, employees are free to make up their own minds about crossing a picket line and continuing to work. Any employee, including a union member, has a right to refuse to participate in a work stoppage.

GENERAL Q8: What can an employee do if they want to work but are being confronted by picketers or striking employees and blocked from entering the work site?

Pickets are lawful so long as they are peaceful, comply with the University’s access and use rules, do not block access for other employees, do not interfere with the normal course of University business, and do not prohibit non-striking employees from working. In addition, non-striking employees should avoid confrontations and need not respond to any comments that picketers may direct at them. Non-striking employees should not invite or engage in any exchanges which might inflame the situation. If any employee feels they are being harassed or prevented from working by picketers or striking employees, the employee should notify their supervisor or contact Academic Personnel and Labor Relations.

GENERAL Q9: Can employees engage in picketing or protesting on their own time?

Yes. UC has a long tradition of respecting the civil expression of individual views. Individual employees are free to express their rights so long as such participation is during non-work time, does not conflict with their agreed-upon work duties, or violates established University policies including the student code of conduct.

GENERAL Q10: What action did the state court take?

On Friday, June 7, 2024, a Superior Court judge issued a temporary restraining order (“TRO”) prohibiting UAW and its members from striking across the University of California (UC) system until June 27, 2024, when a hearing will be held to determine if it should issue a new order prohibiting the Union from striking after that day.

GENERAL Q11: What is a TRO?

A temporary restraining order (“TRO”) is an emergency, temporary court order prohibiting the defendant, here, UAW, from taking some action until a court can hold a hearing on whether to issue a preliminary injunction.

GENERAL Q12: Why did UC file in state court?

UC sought court intervention to stop the strike that violated the UAW’s collective bargaining agreements after the Public Employment Relations Board (PERB) declined to seek injunctive relief on the University’s behalf.

GENERAL Q13: Why didn’t UC just let UAW continue to strike?

The strike violated the parties’ collective bargaining agreement that there would be no strikes during the term of their contract. When an employer and a bargaining unit negotiate their contracts, they trade proposals and compromise to reach a deal. UC’s primary interests include retaining and engaging its valuable employees and relying on the continuity and strength of those contracts during their term so that it can rely on represented employees workforce to further its research, educational, and patient care goals. When UAW went on strike during the term of the agreement, it went against that agreement at a time that caused the most damage to UC’s ability to deliver on its academic objectives for its students. Both parties agreed to no-strike clauses in the current contracts, each contract has several other tools for resolving conflicts.

After asking UAW to follow its contracts and not strike, UC was forced to take legal action with PERB and the Superior Court. It is critical that UC can rely on its valuable employees to deliver on its academic, research, and patient care goals.

Nothing about UC’s actions diminishes our community’s right to engage in lawful free speech activities or the Union’s right to continue to raise concerns through the parties’ grievance processes.

GENERAL Q14: What happened to pending actions with PERB?

UAW and UC have both filed unfair labor practice (ULP) charges with PERB, which is one tool for conflict resolution between unions and UC. The University’s ULP alleges that the Union’s strike is unlawful, based on no-strike clauses in the existing contract. UAW’s ULP alleges that their members’ freedom of speech and expression was violated after demonstrations at UCLA and UC San Diego.

PERB has issued complaints in both cases. PERB is evaluating both charges and will issue a ruling once it has concluded its deliberations.

More information on the University’s position and legal documents can be found here.

GENERAL Q15: What does the TRO mean for the strike?

The TRO means that UAW and its members are prohibited from striking through June 27, 2024, when the court will have a hearing to determine whether an injunction should be issued.

The court’s TRO means that UAW members must continue to perform their regularly assigned work, including administering final examinations, completing grading, submitting grades, and continuing research activities. Employees who fail to comply with these requirements will be subject to corrective action.

GENERAL Q16: What happens if employees don’t comply with the TRO?

Continuing to strike is a violation of the TRO. Employees who fail to comply with the TRO will be subject to disciplinary action in accordance with their respective collective bargaining agreements. The court’s TRO means that UAW members must continue to perform their regularly assigned work, including administering final examinations, completing grading, submitting grades, and continuing research activities.

Acting in violation of the TRO and the no-strike provision in the collective bargaining agreements will lead to corrective action and impact future appointments.

GENERAL Q17: Can employees still engage in lawful protests?

Yes. As events across the globe continue to significantly impact the University of California community, we must remember that lawful protests have always been allowed. That continues to be the case since freedom of expression is a cardinal value of the institution.

Nothing about the TRO or the collective bargaining agreements impacts community members’ ability to engage in lawful free speech activities. Each location’s time, place, and manner rules are available on their websites and provide a framework for lawful protests across the system. That said, lawful speech activities do not include withholding work in the course of employment or receiving pay via public funds for work not performed.

GENERAL Q18: Does this mean UC is taking a position with respect to the conflict in the Middle East?

No. We recognize that members of our community hold diverse viewpoints on the war in the Middle East, and we respect their right to express those viewpoints. The University of California strongly supports freedom of speech and the rights of our community members to protest consistent with the law and UC policy. A number of UC’s statements are listed below.

However, to serve both as an academic institution and a space for public debate and discourse, UC must have rules that allow fair, equal, open, and full access for all our community members to live, learn, and debate.

GENERAL Q19: Why did UC take so many actions in response to UAW’s strike?

To ensure that our students and research were not irreparably harmed by UAW’s actions and to preserve the integrity of our contracts, UC had no choice but to seek to stop the strike while the University litigated its charges before PERB and in state court. UC strongly believes the strike is unlawful and had to take steps to pause the strike so that our students can complete their studies and make academic progress after so many years of disruptions to their academic continuity, in addition to ensuring the other work UAW-represented employees do—such as crucial research—remains uninterrupted.

UAW alleged that UC’s response to community protests about the conflict in the Middle East was a violation of California’s labor law. UAW filing a ULP or exercising its rights under the parties’ grievance process is not uncommon. What is uncommon and, in fact, unprecedented is that UAW went on strike – telling its employees that they should stop working during this critical time of year – while there are existing no-strikes provisions in the UAW collective bargaining agreements.

Pay-Related Questions

PAY Q1: Will employees be paid if they go on strike?

Employees who withhold their labor during the strike are not eligible to receive their regular pay. Additionally, federal guidelines indicate that we cannot pay employees on federal contracts and grants if they are not working. Employees who wish to receive their regular pay must perform their work duties during this time.

PAY Q2: How should a striking employee enter their absence into the time and attendance system?

Employees who withhold labor during UAW’s work stoppage should report full or partial-day absences as “leave without pay” in time and attendance systems. Instructors of Record, Principal Investigators, Chairs, Deans, and others with leave reporting oversight duties should monitor and review all leave reporting submissions to ensure they are accurate. If they are not accurate, leave reporting should be updated to align with the work performed. On May 15, May 31, June 11, June 17, and June 20, and June 26. Systemwide Labor Relations notified ASEs, GSRs, Postdocs, and Academic Researchers of the process for reporting any absences due to withholding labor during UAW’s work stoppage and their obligation to report their absences accurately.

For partial-day absences, employees should enter their absence as a partial-day absence, recording the number of hours missed during the workday as “leave without pay.”

PAY Q4: If ASEs, GSRs, Postdocs, and Academic Researchers work during the strike, will they be paid?

Yes, employees will be paid for all hours worked during the strike. However, employees will not be paid for any labor withheld and it is critical that the University ensure that pay is aligned with the work performed. Pay will be based on leave reporting, which is why it is critical for UC to monitor attendance and for employees to report all absences accurately, irrespective of whether the absence is due to a strike.

Employees with no absences or leave to report must submit timesheets acknowledging no absences or leave to report in their local time and attendance system and by the submission deadline for their campus.

PAY Q5: Can employees who do not submit any absences in time and attendance or who do not provide an accurate submission be held accountable? What are the consequences?

All employees are required to report their absences honestly and accurately, and that obligation is ongoing during a work stoppage. Failure to honestly report an absence from work in any circumstance, including for a work stoppage, may result in an overpayment of public funds requiring repayment and other corrective action. Failing to accurately reportleave and receiving an overpayment of funds is a serious violation of university policy.

Employees who submit erroneous information in the time and attendance system, such as claiming that they worked fullscheduled hours when there is credible information they did not, will have their submission overridden and they will not be paid for time not worked. Employees may also be subject to corrective action for submitting a fraudulent timesheet. It is important to remember that there is no protection for refusing to perform work duties during an unlawful strike. Accordingly, employees may be subject to corrective action for refusing to perform their work duties.

PAY Q6: What is the guidance for time reporting for the six campuses (UCD, UCI, UCLA, UCSD, UCSB, and UCSC) where a strike was called for June 3 through June 7?

We have advised all ASEs, GSRs, Postdocs, and Academic Researchers that they must submit an acknowledgment in their time and attendance system as to whether they have any absences to report. This is a crucial responsibility because the University is not legally allowed to pay employees for work that is not actually performed. We must remain in compliance with this regulation both for the sake of state law and in view of federal guidelines for effort reporting on grants.

Accordingly, at the five campuses (UCD, UCLA, UCSD, UCSB, and UCSC) where a strike was called for June 3 through June 7, and at UC Irvine from June 5 through 7, UAW members who fail to submit time and attendance information by their local leave-reporting deadline, will be assumed to have withheld their labor and will not be paid for those days.

To avoid that outcome, we strongly encourage department chairs, instructors of record, principal investigators, and administrators to remind ASEs, GSRs, Postdocs, and Academic Researchers of their obligation to submit their timesheets and leave reporting.

PAY Q7: When are UAW timesheet and leave reporting due dates?

The campus/location deadline noted below (the campuses where a strike was called for in June are highlighted in bold below):

Location	JUNE Leave Reporting Due Date
UCB	7/1/2024
UCD	7/8/2024 by 5 pm
UCI	7/6/2024 by 12 pm
UCLA	7/6/2024 by 5 pm
UCM	7/5/2024
UCR	7/3/2024 by 11 pm
UCSD	6/20/2024 by 2:30 pm
UCSF	7/5/2024
UCSB	7/10/2024
UCSC	6/30/2024
LBNL	6/20/2024 by 10 am
UCANR	7/8/2024 by 5 pm

Supervision Questions

SUPERVISION Q1: What are the consequences of a legal strike versus an illegal one in terms of how Instructors of Record and Principal Investigators should be handling the work stoppage with respect to ASEs, GSRs, Postdocs, and Academic Researchers that they supervise?

It is important to understand that whether a strike is lawful or unlawful, employees are not entitled to pay for work not performed. If any employee does not report to work as assigned, UC will presume — absent prior authorization or medical certification — that their work absence during a strike period is strike-related. Employees are expected to report that leave as “leave without pay.” The employee’s pay will be reduced for absences during the strike unless the employee is on authorized leave; note that this makes it critical that attendance is tracked and absences are reported accurately. As is always the case, authorization for an absence may or may not be granted, depending on operational, educational, and research necessity and without regard to the employee’s reason for the requested leave.

SUPERVISION Q2: What responsibilities do Instructors of Record have over their courses and supervising Teaching Assistants, Readers, and Tutors assigned to their courses?

Pursuant to Regents Bylaw 40.1 Duties and Powers of the Academic Senate, it states that “The Academic Senate shall authorize and supervise all courses and curricula.” The Academic Personnel Manual (APM – 410-20), which underwent management consultation and systemwide review, provides that Teaching Assistants serve “under the active direction and supervision of a regular member of the faculty to whom responsibility for the course’s entire instruction, including the performance of Teaching Assistants, has been assigned.” Instructors of Record are responsible for the content and conduct of a course, including the responsibility for submitting final grades. Outside of faculty titles, other academic titles are not permitted to serve as Instructors of Record unless the divisional Senate regulations provide a process for doing so and that title series has been approved to serve as Instructor of Record. Generally, in divisional Senate regulations, Teaching Assistants may not serve as the Instructor of Record and are under the active supervision of an Instructor of Record (e.g., the designated faculty member responsible for the course). Instructors of Record may need to make alternative arrangements or adjust assignments to ensure that students can complete their coursework.

SUPERVISION Q3: Are Principal Investigators responsible for accurate effort reporting on their contracts and grants?

Yes. Federal research grants are subject to Uniform Guidance (2 C.F.R. Part 200), which establishes uniform administrative requirements, cost principles, audit requirements and agency-specific reporting and cost principles. Principal Investigators have primary responsibility for financial management and control of project funds in accordance with University and sponsor policies and procedures. This includes ensuring accurate reporting of hours worked and wages charged to sponsored agreements. Principal Investigators cannot use extramural funds as compensation for an absent performance. Only those costs that advance the goals of a project may be directly charged to that project; paying an employee out of a grant for an absence that should be unpaid will jeopardize the grant award, the Principal Investigator’s reputation with the funding agency, and the Principal Investigator’s ability to receive future awards.

SUPERVISION Q4: What responsibilities do Instructors of Record and Principal Investigators have over certifying the accuracy of leave reporting by ASEs, GSRs, Postdocs, and Academic Researchers?

The Instructor of Record is responsible for their courses, including the supervision of ASEs assigned to their courses, which means that Instructors of Record are listed as the supervisor in the local time and attendance system for review and approval of absences by the ASE. Principal Investigators who have GSRs, Postdocs, and Academic Researchers listed as key personnel or contributors on their contracts or grants are responsible for ensuring accurate effort reporting, which is accomplished through verifying accurate reporting of absences in local time and attendance systems. Accordingly, Instructors of Record and Principal Investigators should certify the accuracy of leave reporting by ASEs, GSRs, Postdocs, and Academic Researchers.

SUPERVISION Q5: Does certifying the accuracy of leave reporting by ASEs, GSRs, Postdocs, and Academic Researchers convert Instructors of Record and Principal Investigators into Supervisors under the Higher Education Employer-Employee Relations Act (HEERA)?

No. Whether an Instructor of Record is a supervisor over a course and ASEs assigned to the course does not automatically convert the Instructor of Record into a supervisor under HEERA. An individual can be a supervisor in many different contexts (e.g., supervision over a course, supervision of a lab, managing of absences). However, to be a supervisor under HEERA, the individual must meet the criteria under HEERA to qualify as a supervisor.

SUPERVISION Q6: If an employee refuses to submit their absence in time and attendance and the Instructor of Record or Principal Investigator knows that the individual was absent, can the Instructor of Record or Principal Investigator supervisor override the individual’s timesheet and enter the absence into the time and attendance system?

Yes. It is always important to ensure that payment of university funds aligns with the work performed. Accordingly, Supervisors, as well as backup approvers, should ensure that time, and therefore pay, is recorded and provided appropriately and therefore should modify the hours on behalf of the employee. When that happens, the changed records are stored on the timesheet and the employee is notified via email. When there are leave recording errors, each campus should invoke the override functionality in their local time and attendance systems, if needed.

SUPERVISION Q7: Can supervisors ask ASEs, GSRs, Postdocs, and Academic Researchers if they plan to strike?

No. Instructors of Record and Principal Investigators should not survey or communicate with ASEs, GSRs, Postdocs, and Academic Researchers concerning their intention to participate or not participate in a strike, only whether they are planning to be at work on specific dates.

SUPERVISION Q8: Can Instructors of Record and Principal Investigators ask ASEs, GSRs, Postdocs, and Academic Researchers if they plan to come to work?

Yes. If the UAW affirmatively votes to strike, Instructors of Record and Principal Investigators can ask ASEs, GSRs, Postdocs, and Academic Researchers whether they plan to perform their duties for the day or week. For example, the following questions can be asked: “I need to ensure research or instructional continuity in the coming weeks so that students’ courses are covered, and students can complete their credits for the [semester/quarter] and, where applicable, graduate. Are you planning to work on [date]?”

SUPERVISION Q9: If a strike vote is in the affirmative, what can Instructors of Record, Department Chairs, Deans, and administrators do to ensure educational continuity?

Instructors of Record, Department Chairs, Deans, and administrators can and should make alternative arrangements for courses. In making these arrangements, employees can be asked whether they plan to perform their duties for the day or week and for the materials needed to continue the course. For example, the following questions can be asked: “I need to ensure our courses continue in the coming weeks so that students’ courses are covered, and students can complete their credits for the [semester/quarter] and, where applicable, graduate. Are you planning to work on [date]? I will also need access to the grade book and other course materials. Please email them to me at [Address] by [Date].”

SUPERVISION Q10: What happens if an employee strikes, but they are the primary person responsible for the maintenance and care of biological research materials?

Like any other unexpected, potentially long-term disruption, a plan should already be in place to address maintaining research continuity in the event of employee absence. It is in everyone’s best interest for Principal Investigators and department managers to communicate with key personnel as soon as possible. PIs and department managers should keep conversations focused on the research project rather than on an employee’s intention to strike. PIs and department managers should not ask whether unit-level employees are going out on strike or whether they will be at work. Research continuity plans should be reviewed or put in place to mitigate disruption during the strike, anticipating that unit employees will not be in the lab during that time. If there are health and safety concerns related to labor disruptions, the campus labor relations office should be contacted.

SUPERVISION Q11: What can faculty, Instructors of Record, and/or Principal Investigators say in response to questions from students and employees about the strike?

Faculty, Instructors of Record, and/or Principal Investigators should not comment on the strike to students and employees — even students and employees they do not advise/mentor/teach or supervise — except to direct represented employees to their union for any questions they have, including questions about the strike, union membership, or the University’s position on the strike. However, nothing prevents engaging in normal conversations with students and employees concerning subjects unrelated to union membership, union activities, or strike activities.

SUPERVISION Q12: Should Instructors of Record, Principal Investigators, and Department Chairs meet with striking employees to hear their concerns and try to resolve them?

No. Generally, it is impermissible to engage in direct dealing with represented employees, such as by soliciting and/or trying to resolve their grievances related to the strike. Regardless of whether the strike is lawful or not, only the Labor Relations team of the Office of the President may meet with the Union to address concerns and resolve disputes related to the systemwide strike. This is true even though the University does not agree with the UAW’s assertion that the conflict and conduct underlying the strike are connected to terms and conditions of employment.

SUPERVISION Q13: What can be said to student employees in advance of a strike regarding their strike plans?

An employee cannot be asked whether they intend to strike. However, student employees have a dual role: They are students as well as employees. As a result, a faculty advisor/mentor may ask students whether they intend to fulfill their academic responsibilities and obligations to a research project, including during a potential strike. In having these conversations, the faculty advisor/mentor should keep the focus on academic and project responsibilities and not on whether the student, as an employee, is striking.

SUPERVISION Q14: If a GSR withholds labor as an employee but is also unable to meet their academic milestones as a graduate student, can the faculty advisor/mentor provide fair warning or clarify expectations to the graduate student regarding the potential impact on their grades?

Yes. Academic expectations for students are distinct from employment responsibilities. Faculty have the authority to set expectations regarding overall academic progress in graduate programs and are responsible for providing regular feedback to their advisees about their progress. This authority applies not only to graded directed studies coursework but also to any other academic effort required to make satisfactory academic progress. The pace of academic progress should be sufficient to complete all degree requirements within normative time.