University of California, Riverside

Human Resources



Collective Bargaining


Collective Bargaining

Under the Higher Education Employer-Employee Relations Act (HEERA), most campus employees have the right to form, join, and participate in employee organizations unions.  

Employees may elect unions to represent them in negotiations regarding terms and conditions of employment.  In addition, employees may attain representation by individuals or unions during investigatory interviews or in the grievance process.

What is HEERA?

Background

HEERA governs collective bargaining and labor relations between the University and/or employees and employee organizations. It is administered by the Public Employment Relations Board (PERB), which is a quasi-judicial administrative agency charged with administering the collective bargaining statutes covering employees of California’s public schools, colleges, and universities, as well as employees of the State of California. PERB also enforces the collective bargaining statute covering employees of California local public agencies (cities, counties, and special districts).

For more information regarding HEERA and unions, please visit:

Higher Education Employer-Employee Relations Act (HEERA)

Under the Higher Education Employer-Employee Relations Act (HEERA), most campus employees have the right to form, join, and participate in employee organizations/unions.  

Employees may elect unions to represent them in negotiations regarding terms and conditions of employment.  In addition, employees may be represented by individuals or unions during investigatory interviews or in the grievance process.

Exclusive Representatives

An exclusive representative is a union that represents a certain group of employees with related job classifications.  The University may address only that organization concerning matters related to terms and conditions of employment for those employees. 

Bargaining units are systemwide, resulting in one contract per unit throughout the University system, except for the Skilled Crafts Unit.   Systemwide unions have local chapters, which provide representation for employees on individual issues.

  • To find out what bargaining unit represents you, go to the Title & Pay Plan
  • To view contact information, go to Union Rep Contacts

Non-Exclusive Representatives

Employees who are not covered by a bargaining unit do not have an exclusive representative. 

Under HEERA, there are two types of employees that are excluded from representation:

  •  Manager
    An employee who has significant responsibilities in formulating or administering policy or programs.
  • Confidential
    An employee who is required to develop or present management’s position with respect to negotiations with unions, or whose duties normally require access to confidential information that contributes significantly to the development of such management positions. 

Neither has any legal right to join or participate in employee organizations, and they may not be represented in grievance matters or investigatory interviews by supervisory or rank and file employees.

Supervisors

Supervisors may join and participate in unions, and they may be represented in grievances and in meetings with management regarding their terms and conditions of employment; however, they cannot elect an exclusive bargaining agent or negotiate collective bargaining agreements.

Further, supervisory employees cannot represent non-supervisory employees, or vice versa, in grievances, or discuss with management over wages, hours, or other terms and conditions of employment. The responsibilities of supervisors are defined in HEERA, and they must perform at least three of the following tasks to be considered a supervisor:

  • Independently select subordinates OR participates in the interview process and recommend who should be hired to a higher level manager, who customarily gives substantial weight to the recommendation.
  • Independently determine the performance ratings and communicate them to a subordinate OR the supervisor; initially decide the ratings to be given a subordinate; submit them for review to a higher-level manager who customarily will approve the recommended evaluation; and formally communicate the performance evaluation to the subordinate.
  • Exercise independent judgment in determining what work is to be done and who will do it OR is given work by a higher-level administrator and then exercise independent judgment to determine the distribution of the work to subordinates.
  • Independently decide within budgetary limitations the amount of subordinate merit increases, determine who will be selected for promotional opportunity and decides which positions to recommend for reclassification OR makes recommendations on these actions to a higher level manager, who customarily gives substantial weight to the recommendation.
  • Have independent authority to issue written warnings and suspensions OR independently determine what discipline (including dismissal) should be imposed on a subordinate and submit and/or recommend the same for review and/or approval to a higher-level manager, who customarily gives substantial weight to the supervisor’s recommendation.
  • Have independent authority to resolve grievances or complaints OR independently formulate a resolution to a grievance or complaint and submit the proposed resolution to a higher-level manager, who customarily approves the proposed resolution.

Union Contracts & Representative Contacts

Below is a list of exclusive representatives and the union officials by bargaining units.  To find out what bargaining unit represents you, go to Title & Pay Plan.

BX - Academic Student Employees

Union:  CASE/UAW
View Agreement
Representative:  John Gust
 

5015 Canyon Crest Dr., Suite 206
Riverside , CA 92507
(951) 369-8075; Email: riverside@uaw2865.org

CX - Clerical and Allied Services

Union:  Teamsters Local 2010 
View Agreement
Representative:  Eve Kent

Teamsters Local 2010
9900 Flower Street
Bellflower, CA 90706

 

(562) 595-4518; Email: ekent@teamsters2010.org

EX - Patient Care Technical

Union:  AFSCME
View Agreement
Representative:  Leo Tolliver
  1280 Palmyrita Avenue, Suite F
Riverside, CA 92507
Office: (951) 781-0679; Fax (951) 781-7034

HX - Residual Health Care Professionals

Union:  UPTE-CWA
View Agreement
Representative:  Eric Focht
  P.O. Box 5926
Riverside, CA 92517
(951) 781-7922; Fax: (951) 781-7926; Email: upte-5@pacbell.net

IX - Non-Senate Instructional

Union:  AFT
View Agreement
Representative:  Elliot Kim
  UC-AFT  (Local 1966)
P. O. Box 53345
Riverside, CA 92517
(951) 313-5646; Email: ekim@ucaft.org
 
Representative:  Benjamin Harder
 

1740 Garywood Street
El Cajon, CA 92021
Email: blharder@ucaft.org

K5 - Skilled Crafts

Union:  IUOE #501
View Agreement
Representative:  Ken Capehart
  IUOE #501 Skilled Crafts Unit
2405 West Third St.
Los Angeles, CA 90057
(213) 220-7644; Fax: (213) 385-7324; Email: ken@local501.org

LX - Professional Librarians

Union:  AFT
View Agreement
Representative:  Elliot Kim
  UC-AFT (Local 1966)
P.O. Box 53345
Riverside, CA 92517
(951) 313-5646; Email: ekim@ucaft.org
 
Representative:  Benjamin Harder
  1740 Garywood Street
El Cajon, CA 92021
Email: blharder@ucaft.org

NX - Registered Nurses

Union:  CNA
View Agreement
Representative:  Jedediah Smith
 

225 W. Broadway, Suite 500 
Glendale, CA 91204
(818) 636-2841; Email: jsmith@calnurses.org

PA - Police Officers

Union:  FUPOA
View Agreement
Representative:  James Wright
  UCR Police Department
(951) 827-5222  or
(951) 686-7289

PX - Postdoctoral Scholar

Union:  UAW Local 5810
View Agreement
Representative:  Financial Secretary
 

2070 Allston Way, Suite 102 
Berkeley, CA 94704

(510) 845-5726; Fax: (510) 845-5863; Email: uaw5810@uaw5810.org

RX - Research Support Professionals

Union:  UPTE-CWA
View Agreement
Representative:  Eric Focht
  P.O. Box 5926
Riverside, CA 92517
(951) 781-7922; Fax: (951) 781-7926; Email: upte-5@pacbell.net

SX - Service Unit

Union:  AFSCME
View Agreement
Representative:  Leo Tolliver
  1280 Palmyrita Avenue, Suite F
Riverside, CA 92507
Office: (951) 781-0679; Fax (951) 781-7034

TX - Technical Unit

Union:  UPTE-CWA
View Agreement
Representative:  Eric Focht
  P.O. Box 5926
Riverside, CA 92517
(951) 781-7922; Fax: (951) 781-7926; Email: upte-5@pacbell.net

Agency Fees

When an employee is exclusively represented by a union but chooses not to join, an agency fee is required to pay the union for its representation services.  Also known as “fair share” fees, agency fees are equivalent to regular union dues and fees.  Currently, all of the unions certified as exclusive representatives at the University have mandated the payment of agency fees.

Fees are automatically deducted from the employee’s paycheck.  Under the law, payment of these fees is a condition of employment, and employees who refuse to pay the fees cannot remain as University employees.

Exceptions

There is one exception to paying agency fees to an exclusively represented union.  That is if an employee “is a member of a bona fide religion, body, or sect that has historically held conscientious objections to joining or financially supporting public employee organizations…”

  •  The employee would not be required to join, but must pay a service fee to a non-religious, non-labor charitable fund chosen by the union and the University.

  •  The decision of whether the employee is a bona fide religious objector will be determined on an individual basis by the union.

The agency fees may be eliminated by a majority vote of all employees in a particular bargaining unit, in a secret ballot election.  To hold an election, a petition must be served on the Public Employment Relations Board (PERB) containing signatures of at least 30% of the employees in the bargaining unit.  No more than one vote can be taken during the term of any contract in effect.

For additional information regarding agency fees, go to: UCnet Agency Fees & Dues Structures Chart

What is Notice

A notice is an information process that is initiated when a department or unit is contemplating changes to the working environment that will affect its employees. Necessary information such as layoffs, new/revised work rules, changes in hours of work or shifts are provided to the exclusive representative(s).

When a proposal has reached the stage of being reasonably certain, information is sent to the unions involved (or directly to employees who are non-represented).  Not all actions require notice to the employee, for example, a change of assignment within a classification or a change of supervisors.

Requirements

The amount of lead time for providing notice depends on the action being considered.

  • Represented employees:  the provisions of the contract normally dictates the notice requirements
  • Non-represented employees: a reasonable notice period is normally a minimum of 30 calendar days.  Exceptions can be made if extenuating circumstances could require more or less notice time

Failure to provide sufficient notice could result in rescinding the changes or new policies & procedures, and result in other potential consequences.

Access to Employees by Union

University of California
Riverside Campus
Revised March, 2002

Regulations governing the use of university facilities and access to university employees by employee organizations and their representatives.

In these regulations, the term representative is used to define any person acting in the interest of or on behalf of an employee organization, including both University and Non-University personnel unless otherwise specifically excepted.

The term "employee organization business" is used to define all legal activities of an employee organization including, but not limited to, meetings, dues collection, soliciting, distributing, and campaigning.

These regulations do not apply to employee organizations or their representatives when they are acting as representatives pursuant to Personnel Policies for Staff Members (PPSM), Policy 70 or applicable grievance procedures in MOU's, Section 191 of the Academic Personnel Manual, and Standing Order of the Regents of the University of California Section 103.2. In such cases, the above policy or MOU provisions control:

Facilities

  1. General classrooms and meeting rooms, when not in use for University purposes such as teaching, learning, research, or meetings, may be scheduled by an employee organization by the filing of a written request with the Highlander Union Building (HUB).
  2. Employee organizations and their representatives may reasonably use bulletin boards which have been designated for employee organization use. A list of general purpose bulletin boards designated for employee organization use is available, upon request, from the Student Life and Leadership Center. The use of bulletin boards, which are not general purpose bulletin boards, by employee organizations and their representatives is prohibited at all times. In addition, no literature or other materials may be affixed at any time to facilities such as, but not limited to, walls, ceilings, floors, light fixtures, doors, elevators, and stairways.
  3. United States mail which is received by the University bearing an employee name and an accurate address, will be distributed to the employee in the normal manner. Employee organizations and their representatives are strictly prohibited from the use of the campus mail system. In locations where employee mail boxes exist, employee organizations and their representatives may reasonably use such boxes provided the boxes are not located in a confidential and/or restricted work area.
  4. Employee organizations and their representatives are prohibited from using University facilities and equipment such as, but not limited to, automobiles, computers, projectors, telephones, fax machines, office supplies, typewriters, and photocopying/reproduction equipment.
  5. Employee organizations and their representatives, when conducting employee organization business on the campus, must be reasonably able to identify themselves, when requested to do so by supervisors or campus police.

Access to Employees

  1. Employee organizations and their representatives are reasonably permitted to conduct employee organization business in non-work areas during the employee's non-work time. For the purpose of these regulations only, rest periods are not considered work time.
  2. Employee organizations and their representatives are strictly prohibited from conducting employee organization business during an employee's work time.
  3. Employee organizations and their representatives are permitted in employee work areas only when:
    1. employees are not on their work time and;
    2. the conducting of employee organization business is not disruptive to other employees who are on their work time and;
    3. the work area is appropriate for such business. Work areas deemed to be inappropriate and thus prohibited from use for such business, include, but are not limited to the following areas:
      1. Laboratories.
      2. Academic areas while instruction, learning, counseling or research are in progress.
      3. Research areas when the health, safety, or security of individuals or the research could be adversely affected.
      4. Private residential areas of students.
      5. Employee organizations and their representatives may be excluded from an otherwise appropriate work area if the supervisor makes available a facility which is in reasonable proximity to the work area.
  4. Access to confidential and/or secured work areas, such as, but not limited to, student record areas, cashier's office, radiation areas, computer operations, etc. is limited solely to employees who are assigned to such areas or others who have specific authorization to be in such areas.
  5. Employees are prohibited from participating in and conducting employee organization business during their work time.

Under no circumstances, may these regulations be interpreted or applied so as to impede, disrupt, or interfere with the normal operations of the Campus.

The University reserves the continued right to add to, delete from or modify the above regulations made pursuant to HEERA Sections 3568 and 3581.7.

More Information

General Campus Information

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900 University Ave.
Riverside, CA 92521
Tel: (951) 827-1012

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1160 University Ave.
Riverside, CA 92521

Fax: (951) 827-2192

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