Article 28 – Union Access and Rights

 

A. Use of Facilities

  1. Access – the University has the right to establish and enforce reasonable access rules and regulations at each campus.
  2. U.S. Mail Delivery – United States mail on which postage has been paid and which is received by the University bearing the name of the Postdoctoral Scholar and correct specific address will be distributed to the Postdoctoral Scholar in the normal manner.
  3. Use of Mailboxes – In locations where Postdoctoral Scholars have mailboxes, the UAW may reasonably use such boxes in accordance with campus procedures in effect at the time of the use.
  4. E- Mail Use – UAW designated Postdoctoral Scholar representatives may use their University e-mail account in accordance with applicable University policy regarding electronic mail/electronic communications.

B. Postocdoral Scholar Information

  1. FTP File – The University uses the File Transfer Protocol (FTP) system to provide the UAW with Postdoctoral Scholar information that the University has within its system.
    1. Within one month following ratification of the Agreement, and on the first Tuesday of each month thereafter, the University shall provide the UAW the following Postdoctoral Scholar full file information in a computer readable form via File Transfer Protocol (FTP). This information shall include: campus, name, home department, Postdoctoral Scholar identification number, classification, title code, percentage appointment, action code, annualized salary, start date of appointment, end date of appointment, most recent date of hire, and e-mail address.
    2. The University will additionally provide the union with weekly “change” information on the Tuesdays in which the full file information is not sent.
    3. The FTP file(s) will contain the home address and home phone number for Postdoctoral Scholars who have agreed to the release of such information. Additionally, the FTP file(s) will contain the academic/hiring unit, work phone number, and work mailing address available in the system.
  2. Diversity Information
    1. After receiving a request from the UAW, the Office of the President shall supply, on no more than an annual basis, the UAW with the following aggregate information for Postdoctoral Scholars in title codes 3252 and 3253: gender and race/ethnicity. The University will send this aggregate information to the UAW within thirty (30) days after UCOP received the union’s request.
    2. Neither party waives any right it may have to seek or withhold information regarding race/ethnicity and gender by department when necessary for representation purposes.

C. Publication of the Agreement

Following ratification and approval by the parties, the University shall publish the Agreement on a designated website.

D. Release Time for Union Business – Postdoctoral Scholar Representatives

  1. The UAW may designate up to one (1) member of the bargaining unit for each 250 Postdoctoral Scholars, or major portion thereof, at each campus to serve as UAW Postdoctoral Scholar representatives provided not more than one (1)
    representative shall be named from any one laboratory or work group. In the event a campus has fewer than 250 Postdoctoral Scholars, the union shall be entitled to name one Postdoctoral Scholar Representative at that location. The function of the UAW Postdoctoral Scholar representative shall be to inform Postdoctoral Scholars of their rights under this Agreement, to ascertain that the terms and conditions of this Agreement are being observed, and to investigate and assist in the processing of grievances.
  2. he UAW shall notify the campus Labor Relations Office of the names and work locations of the designated representatives, as soon as practicable following such designation.
  3. The University shall not unreasonably deny these Postdoctoral Scholars release time to perform responsibilities described in §D.1. Grievance-related release time may include:
    1. the initial hand-delivered filing of a grievance and the retrieval of University documents provided pursuant to a written request for information related to a grievance;
    2. one on one meetings with a grievant concerning a filed grievance, or an alleged violation of this Agreement which is at the Informal Review stage of Article 6, Grievance and Arbitration;
    3. meetings with the University representative to whom written grievances are presented or to whom documents related to filed grievance(s) are presented/signed or with whom time limit agreements are achieved;
    4. Informal Review meetings held pursuant to Section .A.5.d. of Article 6, Grievance and Arbitration;
  4. The Postdoctoral Scholar representative shall request such release time from her/his supervisor before using work time for representational activities. The Postdoctoral Scholar representative’s use of release time shall not interfere with research needs or other operational requirements.
  5. In the event the University believes abuse of these provisions may exist, or that the use of such time is interfering with research needs or other organizational requirements, the University will notify the UAW, and the parties will attempt to resolve the matter. The supervisor may deny unreasonable use of release time until the University and the UAW resolve the matter.

E. Release Time for Bargaining

  1. The University will release six (6) designated team members from their work assignments without loss of pay to attend scheduled bargaining sessions, pursuant to the provisions of Article 35, Duration. In addition, the University will provide unpaid release time to for up to four (4) additional Postdoctoral Scholars. The UAW shall not name more than one (1) representative from each campus.
  2. Release time shall be provided only for bargaining sessions, and only for the days which the team member would have been scheduled to work had s/he not been released from her/his work assignments to attend scheduled bargaining sessions.
    1. Scheduled bargaining sessions are defined as the pre-scheduled face-toface meetings, and related caucuses during meeting days, for the purpose of negotiating terms and conditions of an Agreement.
    2. If no meeting actually takes place during the scheduled meeting day as the result of the University’s unavailability to appear at the bargaining table, or if the University agrees that a full-day union bargaining team caucus is necessary to the bargaining process, the University may designate a day without a face-to-face meeting as a “bargaining session”.
  3. The UAW shall provide the University with written confirmation of the designated bargaining team members no later than forty five (45) calendar days prior to the first scheduled bargaining session. The University is not required to provide release time, either paid or unpaid, if the UAW fails to provide timely notice.
    1. In the event the UAW permanently replaces any designated member, the UAW shall provide the Office of Labor Relations with written notification of the name of the permanent replacement four (4) workweeks prior to the first scheduled bargaining session that the replacement Postdoctoral Scholar will attend.
    2. Alternates or substitutes for any of the designated team members may be permitted when the UAW has provided the University with the name and work location of the replacement at least two (2) weeks in advance of the date of the change, unless the parties agree to a shorter notice period.
  4. A Postdoctoral Scholar designated as a bargaining team member shall provide her/his supervisor with written notice of her/his intent to attend scheduled bargaining sessions as soon as practicable following the scheduling of bargaining sessions. A bargaining team representative may be denied release time for bargaining, either in paid or unpaid status, for operational reasons.

F. Campus-Wide Postdoctoral Scholar Orientation

  1. When a campus conducts a campus-wide New Postdoctoral Scholar orientation, the UAW shall have thirty (30) minutes at the end of the UC orientation to conduct a private union orientation.
  2. The local Labor Relations Office will provide the UAW with the dates and times of campus-wide New Postdoctoral Scholar Orientations, along with the contact information for the person in charge of scheduling the Orientation at least thirty (30) calendar days prior to the scheduled Orientation(s).
  3. The University shall not discourage attendance at the UAW campus-wide New Postdoctoral Scholar Orientation.