Under the Higher Education Employer-Employee Relations Act (HEERA), the negotiation process must be conducted in good faith, meaning both the employer and the union must participate actively, make reasonable efforts to reach agreement, and avoid delaying tactics. The University is not obligated to agree to any union demands, but it must make an earnest attempt to reach an agreement. If negotiations reach an impasse, the parties must engage in mediation, factfinding, or other impasse resolution procedures as outlined by the California Public Employment Relations Board (PERB). Ultimately, the intent of the process is to reach a mutually acceptable agreement that supports our employees, our mission, and labor peace.
As the ASE and GSR units are merging into one contract and given the number and complexity of the issues expected to be raised at the table by both parties, we anticipate negotiations lasting at least through the remainder of the calendar year since the ASE/GSR contract expires on January 1, 2026.
Our bargaining team remains aware of the budgetary and operational challenges the University faces against an ever-changing federal and state funding landscape. Bargaining negotiations are always a compromise between the parties, and our team will endeavor to achieve the right balance in any final agreement.
Lastly, many of you have asked in the past for guidance regarding the “rules of the road” when communicating with graduate student employees during negotiations. In general, faculty should avoid bringing up the topic of bargaining negotiations with graduate student employees. If asked, faculty should avoid expressing any opinion on specific bargaining proposals. We want to avoid appearing to undermine the union's authority as the exclusive bargaining representative, which constitutes direct dealing, an unfair labor practice involving bypassing the union. We also must avoid the appearance of attempting to influence the employee's choice to become or remain a union member, and commentary on bargaining could be the basis for an accusation of doing just that.
Routine communications with graduate student employees on day-to-day employment matters, including matters related to performance management, are not prohibited and should continue as usual. The University will also be regularly communicating with GSRs and ASEs regarding the status of bargaining and the University’s bargaining proposals. These bargaining updates will be available online so that faculty and graduate student employees can reference and review them at any time.
With respect to student matters, including academic advising and academic progress conversations, they should continue as usual since these activities remain outside the scope of employment. If you have any questions or concerns about communicating with graduate student employees during negotiations, I recommend you reach out to your campus central Academic Personnel or Labor Relations offices, who can provide you with guidance related to your specific questions.
Because of the confidential nature of bargaining, we will not be able to provide you with details on the University’s strategy or approach to negotiations. Internal communications related to bargaining strategy are privileged from disclosure, but wider circulation could jeopardize that protection. Nevertheless, you can expect regular communications from me to keep you apprised as negotiations continue with updates on the status of negotiations and relevant information that does not breach confidentiality.
I want to thank the Academic Senate and faculty across the system for their insight and advice during our year-long preparation for these negotiations, and I look forward to finding common ground with our union colleagues to reach a successful agreement that benefits the graduate student academic employees, the faculty, and the overall mission of the University. Thank you for your time and dedication to our academic community.
Sincerely,
