Dear Colleagues:
I write to update you on the status of the strike authorized by the International Union, United Automobile, Aerospace and Agricultural Implement Workers of America (UAW) despite the collective bargaining agreements (CBAs) all parties signed containing no-strike provisions. These agreements govern our relations with all Academic Student Employees, Graduate Student Researchers, Postdoctoral Scholars, and Academic Researchers represented by the UAW. Consistent with these CBAs, a Superior Court judge issued the University a temporary restraining order (TRO), prohibiting UAW and its members from engaging in any strike activities until June 27, 2024. At that time, the Court will conduct a preliminary injunction hearing to determine if it should issue a new order prohibiting the Union from striking after June 27, 2024.
As events in the Middle East continue to have significant impact on the University of California community, we must remember that lawful protests have always been allowed on our campuses. This continues to be the case, as freedom of expression remains 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 - and public pay at that - for work not performed.
I want to convey to you the consequences of the TRO so that you can inform the community on your campus of the responsibilities to which they must now adhere. The court’s TRO means that UAW members must continue to perform their regularly assigned work. This work includes the administration of final examinations, grading, submitting grades, and continuing research activities. Employees who fail to comply with these requirements will be subject to applicable disciplinary procedures and corrective actions.
In compliance with the TRO, the UAW sent a communication on June 7th to its members advising that all striking workers should return to work on Monday, June 10th. Accordingly, UAW members are aware that continuing to strike is a violation of the TRO. The University updated its FAQs to provide information about the current legal positions regarding the UAW strike, engaging in lawful protests, and reporting absences in time and attendance systems. Please continue to review the FAQs as they will be updated on a regular basis.
Yesterday, we advised all UAW members that they must submit their hours to the time and attendance system, including an accounting of any absences they may have incurred. This is not a discretionary responsibility. It is, instead, required of all members of the UAW because the University is legally barred from paying 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 UAW members of their obligation to submit their timesheets by the campus/location deadline, as noted below (the campuses where a strike was called for June are highlighted in yellow below):
