***November 19, 2009: To view the full fact finder report, please click here.
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Further explanation of the bargaining process and the current state of UC’s negotiations with CNA
Negotiations between UC and CNA were recently certified to fact-finding, which is another step in the negotiation process. Below, you’ll find a brief explanation of the law that governs UC’s collective bargaining agreements and its provisions for the negotiation process.
The Higher Education Employer-Employee Relations Act (HEERA)
HEERA is the state law that regulates labor relations between the University of California and California State University systems, their employees and the labor organizations that represent their employees. HEERA is administered by the Public Employment Relations Board (PERB). PERB conducts elections, decides representation election questions, determines whether to accept declarations of impasse filed by either party when negotiations break down, and investigates and makes decisions regarding Unfair Labor Practice charges filed by employees, labor organizations and the universities.
HEERA provides that in negotiating contracts the parties must engage in good faith negotiations to try to resolve their differences and to attempt to achieve a signed, written contract. In the event the parties cannot reach agreement, HEERA provides impasse procedures. These procedures involve intervention in the negotiation process by a mediator (provided by the State Mediation & Conciliation Service or mutually selected by the parties to the contract). If mediation fails, the law provides for a "fact-finding" process wherein both parties present their respective positions on unresolved issues open to bargaining, and a fact-finder issues recommendations to attempt to resolve the differences between the parties on the unsettled issues. If the parties cannot reach agreement after considering the fact-finder's recommendations, those recommendations are made public and the employer may decide to implement unilaterally any or all of its last, best, and final offer.
Where we stand with CNA
The parties agreed in advance that if no agreement was reached by September 15, 2009, and if one party declared impasse to exist, the other party would not oppose such a declaration (thereby allowing the parties to begin the fact finding process quickly). The parties further agreed, in essence, to combine the mediation and fact-finding processes, although officially designating the resulting process as fact-finding. Fact-finding is the next to last stage in the collective bargaining process. During fact-finding, each party’s positions on all unresolved issues are put forward to a fact-finding panel during a formal hearing. The panel consists of three members: the Chair, who is a neutral third party, one member from the union and one from the University.
The length of the hearing varies, depending on the number of outstanding issues. In the UC-CNA process, there are only a limited number of topics in this set of negotiations; four articles remain unresolved.
After the hearing, the panel considers the issues and attempts to frame the terms of a settlement. If a settlement is not possible, then the panel – led by the Chair – issues a fact-finding report to the parties in which the terms of a recommended settlement are outlined. Those terms can be recommended unanimously by the three members, or any of the members can issue a dissent to all or part of the report.
The University and CNA have ten days to consider the fact-finding panel’s report and meet for additional discussions. After ten days, if no agreement is reached with CNA, the University must decide if it will accept all, some, or none of the report.
The fact-finding panel has issued it's report. It is available here.
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