UAW WINS LEGAL VICTORY REGARDING UNION RIGHTS OF UC TEACHING ASSISTANTS--CALLS FOR IMMEDIATE RECOGNITION

The California Public Employment Relations Board (PERB) ruled in a decision mailed on Friday that University of California teaching assistants, readers, and tutors are employees with union rights. The decision rejects the University's appeal of an earlier ruling by administrative law judge James Tamm and supports the campaign for union recognition by UAW academic student employee (ASE) unions on eight UC campuses.

The ruling rejected UC arguments that collective bargaining under California's Higher Education Employer-Employee Relations Act (HEERA) would hinder the University's educational mission. As PERB stated, "HEERA's expressed purpose is to foster harmonious and cooperative labor relations by providing for a system of collective bargaining between the University and its employees. It is axiomatic that this purpose is furthered by the extension of collective bargaining rights to [these employees]...Contrary to the University's contention, HEERA presents a framework under which the pursuit of academic excellence, the free exchange of ideas, the preservation of academic freedom, and collective bargaining all co-exist and complement one another."

PERB's decision upholds the union's position that academic student employees have the same rights to union representation as other employees. The decision comes on the eve of previously scheduled talks between UC administrators and union representatives set to begin on Tuesday, Dec. 15th. On December 1, teaching assistants,readers, and tutors on all eight of the UC's teaching campuses went on strike to pressure the UC administration to recognize the ASE unions. After four days of striking, and with exams imminent, the union and the administration agreed to a 45-day cooling off period during which the parties will meet face to face and attempt to resolve the issue of union recognition. The agreement to hold recognition talks was initiated by California Senate President Pro Tem John Burton and state Assembly Speaker Antonio Villaraigosa.

"The University administration has been saying that they were waiting for this decision before they could recognize the union", said Connie Razza, spokesperson for the Student Association of Graduate Employees/UAW at UCLA. "Well, here it is. Our members have made tremendous sacrifices trying to win fundamental union rights, most recently during the system wide strike. This decision vindicates the determination of our members, and sends another powerful message to UC."

"This should remove any remaining obstacles to union recognition", said UAW Vice President Elizabeth Bunn, head of the union's Technical Office and Professional (TOP) Department. "We are looking forward to meeting with the UC administration, especially now that the recognition issue has been upheld by PERB."

Friday's PERB decision also follows closely on the heels of letters from top California legislators to UC President Richard Atkinson sharply criticizing the UC's failure to recognize the union. During the strike, Burton and Villaraigosa wrote a joint letter to Atkinson in which they urged the UC to "take immediate action to recognize the UAW as the exclusive bargaining agent for teaching assistants, readers and tutors." Burton and Villaraigosa were joined by Congressman Howard Berman, who informed the UC that "It was the intent of the law to give California's higher education employees the right to choose collective bargaining. Fifteen years of litigation and delay is enough". Berman was author of HEERA when he was a member of the state legislature in the 1970s.

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Association of Graduate Student Employees, UAW Local 2165

2372 Ellsworth

Berkeley, CA 94704

phone: (510) 549-3863 / fax: (510) 549-2514

agse@netcom.com

http://www.laborcenter.org/agseuaw

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