CU-UAW and CalArts met numerous times during the summer to set the ground rules for substantive negotiations as they relate to consolidated topics for bargaining. Ground rules are the structure and rules for how negotiations are to be conducted; e.g., setting dates for when to meet, a structure for exchanging proposals, parameters as to who is sitting at the negotiating table, etc. Consolidated topics for bargaining are those topics that CalArts and CU-UAW agree would be appropriate to address with the three separate units—Regular and Technical Faculty, Special Faculty, and Staff—all together. The meetings were productive and the parties are near finalizing the ground rules.
The parties agreed that the following topics are appropriate for consolidated bargaining: Union Access, Union Security, Management Rights, No Strike, Labor Management Committee, Duration, Severability, Zipper Clause, Policies and Procedures Clause, Employees Records, Health and Safety, Holidays, Job Postings, Prohibition Against Harassment and Discrimination, Professional Conduct Standards, Health Benefits, Retirement, Parking and Transit, Support for Dependents, Travel, Tax Assistance, and Tuition Benefits.
CU-UAW requested to have observers who are not members of the elected bargaining team attend contract negotiations. CalArts believes that the negotiations will be most productive and fruitful when they are attended by the negotiating parties and not external observers. The National Labor Relations Act (NLRA) requires an employer and the representative of its employees to bargain in good faith with each other regarding wages, hours, and other terms and conditions of employment. Thus, contract negotiation is a process that requires the utmost good faith and focus of the parties. Opening the negotiations to outside observers is not required by the NLRA and poses the risk of stifling the negotiations and the good-faith efforts of the parties in a variety of ways, including discouraging the basic principles of trust, respect, and dignity at the table and impairing healthy interactions by inhibiting free and open discussions about sensitive or even confidential matters. These types of risks are acknowledged by the NLRB’s acting general counsel in a recent memorandum concerning recording during negotiations. (Read the memorandum.)
CalArts believes that the same principles for safeguarding fair and good-faith negotiations expressed in the memo apply here, especially where the observers requested are not representatives of the employees (members of the union’s elected bargaining committees). Permitting non-representative observers, who may not have the context of past discussions, to attend the negotiations also poses the risk of creating confusion, which could unnecessarily prolong reaching agreement.
As a demonstration of its good faith, CalArts agreed with the union that if either party wants to invite a non-representative to the table to add context to or share information concerning a specific topic of discussion, we will discuss that possibility when the need arises.
The parties set a meeting schedule for ongoing discussion of these topics, beginning Oct. 1 and continuing about every other Wednesday through the fall semester. Once the bargaining on the consolidated topics is completed (or as completed as can be per the parties agreement), then the parties will move into bargaining with each of the three separate units.
