BARGAINING 101

Frequently Asked Questions

  • Collective bargaining, or just bargaining for short, is the process by which a union negotiates with employers (like the UC administration) for the terms and conditions of employment that will apply to the workers it represents (the bargaining unit). Many aspects of the bargaining process are regulated by law. The result of bargaining negotiations will be a legally-enforceable collective bargaining agreement (a contract) which will bind the union, its bargaining unit, and the employer.

  • UAW 4811 and the UC Administration each have a bargaining team who research, assemble, plan, and make decisions about bargaining documents and agendas. Our bargaining team is composed of elected union officers, who will be the liaisons between UC negotiators and rank-and-file workers on each campus; however, it’s important that bargaining remains democratic, and that workers give their input on the bargaining process. 

    Workers will have opportunities before bargaining begins to take part in the decisions about what will be in our next contract through our bargaining survey, the Contract Action Team (CAT), the Bargaining Convention, and by voting to ratify the initial bargaining demands that come out of that process. During bargaining, we will have an open bargaining process, meaning that workers will be able to attend bargaining sessions, and for workers unable to attend, updates will be frequently sent to membership in the effort of full transparency. Once the bargaining team has reached a tentative agreement with the University, membership will vote on whether to ratify the contract.

  • The bargaining process formally begins when the UC and UAW 4811 request to bargain. Both sides submit their “sunshine” proposals – meaning our initial bargaining demands – and schedule bargaining sessions. In these sessions, which are often a few hours each, the UAW 4811 Bargaining Committee and the UC’s bargaining team present proposals to each other which can either be accepted or replied to with a counter proposal. When both sides have agreed on all outstanding articles, a tentative agreement is signed and returned to UAW 4811 members for a ratification vote. Once the membership and the UC approve of the tentative agreement, the contract is signed and becomes legally binding. 

  • During a bargaining session, the UAW 4811 Bargaining Committee and the UC’s bargaining team sit across from each other, with other UAW 4811 members in attendance on the Bargaining Committee’s side. Members of the UAW 4811 Bargaining Committee and UC’s bargaining team take turns asking and answering questions, presenting proposals, and engaging in discussion. Everything said during a bargaining session enters the bargaining record and can be used in the future to interpret the meaning of the contract, so both sides at the bargaining table say only as much as they need to to get their point across. At any point during the session, either side can call a caucus to discuss privately with their own side. 

  • There are multiple ways workers can take part in the bargaining process:

  • In January of 2025, after members ratify our initial bargaining demands, we’ll present those initial demands to the UC and the UC will share their initial positions with us as well. This process is often called “sunshining”. Shortly after, we’ll work with UC to schedule bargaining sessions and continue scheduling more sessions as we negotiate the contract. At that point, bargaining will continue for as long as it takes to reach a tentative agreement with the UC, or until bargaining is frustrated and both sides have exhausted their obligations under the law. Once a tentative agreement is reached, the agreement will be sent to all members for ratification and, if approved, bargaining will end and we’ll have a new contract. Our current contracts expire on May 30th, 2025, though both parties can choose to extend the contract expiration date if needed. 

  • Under HEERA, the law governing collective bargaining at the UC, strikes can be called if there are outstanding unfair labor practices, called an unfair labor practice strike, or if both sides reach an impasse and are unable to reach an agreement after mediation, called an economic strike. Workers seeking to form a new union can also strike for recognition of their union, and unions may call strikes in sympathy with any other union’s valid strike at their workplace. Strikes are a powerful tool to resolve differences and reach an agreement if necessary, but if both sides bargain in good faith and are able to reach an agreement, a strike may not be needed. Members must authorize the Bargaining Committee to call a strike through a strike authorization vote (SAV) achieving at least a 2/3rds “yes” vote before a strike can be called. 

  • It’s important that bargaining priorities come from the issues that matter most to all workers, not just the bargaining team members. Already-existing issue campaigns are often adopted as contract proposals, and the bargaining survey is also an opportunity for workers to rank which issues they want to see become central pillars of our contract proposals. 

    Workers particularly interested in the bargaining process will have a couple opportunities to get more involved. They can join the Contract Action Team (CAT), which will be essential to helping circulate the bargaining survey and keeping workers informed during the contract campaign. Relatedly, CAT members can run as delegates for the Bargaining Convention, which will take place in November.

    Once a tentative agreement is reached between the bargaining team and the UC, members will eventually need to vote to ratify the contract.

    Most importantly, our organizing projects are not limited to what we can achieve in the bargaining process.

Basic Terms

Unfair Labor Practice

If one side fails to bargain in good faith or breaks other rules of bargaining, an unfair labor practice (ULP) charge can be filed with the California Public Employment Relations Board (PERB). PERB will then investigate the charge and adjudicate whether an unfair labor practice was committed and what the remedy should be. This process often takes a long time, usually much longer than the timeline for the bargaining process. Unions have a right to strike over unfair labor practice charges in order to get them resolved. 

Closed Bargaining

In contract negotiations, each side may agree to limit the flow of information into and out of the bargaining room. Under closed bargaining, nobody but members of the bargaining teams can attend bargaining sessions, and negotiators are usually barred from sharing any specifics about what happens at the table. Closed bargaining is common in many industries but rare in higher ed.

Open Bargaining

Each side in a contract negotiation may agree to allow information to flow freely into and out of the bargaining room. Under open bargaining, all union members can attend bargaining sessions, and bargaining teams can communicate in detail about the process, including proposed contract language and their counterparts’ actions at the table. Open bargaining is very common in contemporary higher ed union negotiations. Our union has used open bargaining in every contract campaign since 2013.

Sidebar

A discussion that takes place between a smaller number of members from each bargaining team. The conversation takes place away from the bargaining table and is off-the-record. They are often used to clarify questions or share information.

Bargaining in Good Faith

Both sides must meet on a reasonable timeline and with the intent to reach agreement on terms and conditions of employment throughout the bargaining process. Bargaining in good faith does not require either side to accept a specific proposal or accept concessions.

Bargaining in Bad Faith

If one side bargains without the intent of trying to reach an agreement, they are bargaining in bad faith. Examples of bad faith bargaining include: failing to exchange proposals; failing to offer counter-proposals; canceling sessions without reason; delaying bargaining; failure to meet at an appropriate time/place; regressive or surface bargaining; or general conduct to frustrate the bargaining process.

Regressive Bargaining

A type of bad faith bargaining where one party moves backwards, offering less in a proposal than they previously offered. For example, if the UC offers a 5% raise, and, all things unchanged, comes back later and offers a 3% raise, that would constitute regressive bargaining.

Surface Bargaining

A type of bad faith bargaining where one side meets at the bargaining table but only goes through the motions of bargaining, refusing to make substantive progress.

Concessions

A concession is when one side agrees to terms which give up rights or benefits that exist in the current contract. In the 1980s, when faced with plant closures, many manufacturing unions conceded guaranteed salary increases or job security measures that they had had enjoyed for decades. 

Tentative Agreement

A tentative agreement, or “TA” (not Teaching Assistant!), is a proposal that both sides have signed off on and will appear in the final agreement. Once something is “TA’d”, it will remain “off the table” and neither side can make changes. When a final agreement is reached, the entire agreement is “TA’d” and sent to the membership for ratification. 

Initial Bargaining Demands

Following the bargaining survey and bargaining convention, the UAW 4811 Bargaining Team will send a list of initial bargaining demands to the membership for a ratification vote. These initial demands are not full-fledged proposals, but statements about what we’d like to achieve in bargaining. 

Collective Bargaining Agreement

The collective bargaining agreement is the contract we sign with the UC which determines our wages, benefits, and other terms and conditions of employment. After bargaining is concluded and an agreement is ratified, we’ll have a new collective bargaining agreement. 

Caucus

During bargaining, either side can call a caucus, which is a private meeting with their side only to regroup and discuss strategy. 

Sunshining

Labor law in California requires that employers and unions share initial positions in a publicly-held meeting, often called a “sunshine” meeting. After our union ratifies initial bargaining demands at the end of 2024, we will “sunshine” those demands to the public. 

HEERA

The Higher Education Employer-Employee Relations Act, or HEERA, is the law governing collective bargaining at higher education institutions in California. It lays out the rules of bargaining and the rights afforded to employees and employers by law. 

PERB

The Public Employment Relations Board, or PERB, is the state government agency in charge of adjudicating labor disputes between unions and employers. PERB is where unfair labor practice charges are filed, investigated, and adjudicated.