ARTICLE 40 UNION RIGHTS
A. Union Access
Duly authorized representatives of the Union shall be permitted access to work locations in which employees covered by this Agreement are employed in accordance with applicable law. Such access shall not interfere with the work of the employees. Management may require prior approval for such access. Access to employees shall not be arbitrarily denied.
B. Bulletin Boards
The University will furnish Union bulletin board space at locations where employees covered by this Agreement are employed, as set forth in Appendix E hereto. The board space shall be used only for permissible Union information under applicable law.
C. Use of University Facilities and University Equipment
1. University facilities may be used by the Union with prior approval of University management for the purpose of holding meetings, to the extent that such facilities can be made available without interfering with normal University operations.
2.When required, the Union shall reimburse the University for use fees or expenses, such as security, maintenance, and clean-up costs, incurred as a result of the Union’s use of such facilities.
3.Teamsters Local 2010 stewards may use University computers for Union business in accordance with the University’s Electronic Mail/Electronic Communications Policy.
4.Teamsters Local 2010 stewards may use University copiers, printers and fax machines at a cost of ten cents ($.10) per page. Teamsters Local 2010 will reimburse the University for said costs when billed at the designated Teamsters Local 2010 office. Permission to use UC copiers, printers and fax machines for Union business must be obtained in advance of such use from stewards’ immediate supervisor. Abuse of this privilege may preclude that steward from future use.
D. Union Stewards
1.The Union shall be entitled to designate a reasonable number of employees to act as stewards for the employees covered by this Agreement. The Union shall furnish the University official or designee with the names of the employees selected as stewards. Any change in the appointment of the designated stewards shall be made known to the designated University official. There shall be no more than a total of twenty (20) stewards at UCLA; provided, however, that there shall be no more than one (1) steward per shop on any shift.
2. Union business/activities shall not be conducted on an employee’s scheduled work time nor shall such business/activities interfere with University programs and operations except as referenced in Section D(3) hereafter.
3. Union activities that are covered under the various Articles of this Agreement [i.e., Grievance Procedure, Article 26 (B)(6), Arbitration Procedure, Article 27 (E), Labor- Management Relations, Article 29 (B), Safety Committee, Article 37 (C)] may be conducted on an employee’s scheduled work time as referenced in the applicable Article.
E.No Reprisals for Union Activity
The University is prohibited from imposing or threatening to impose reprisals, from discriminating or threatening to discriminate against stewards and bargaining unit members, or from otherwise interfering with, restraining, or coercing stewards because of the exercise of any rights given by this Agreement. A full-time Teamsters Local 2010 Consultant or Officer may file a grievance concerning steward reprisal with the Campus or UCLA Health System Labor Relations Office. If the grievance is not resolved, it may be the subject of an unfair labor practice charge. Section E of this Article shall not, however, be subject to the Arbitration Procedure in this Agreement.
F.Release Time for Meet and Confer
Employees appointed by the Union shall be granted a reasonable amount of release time for the purpose of meeting and conferring at the bargaining table. Not more than eight (8) employees shall be provided release time unless the parties mutually agree otherwise. Employees on release time shall not be compensated for any hours which exceed the employee’s regularly scheduled hours of work. Arrangements shall be made by the University and the Union to enable swing and graveyard shift employees to participate in the meet and confer process, if necessary. In order to implement this Section, Teamsters Local 2010 waives the requirement of notice regarding shift changes under Article 12.
The Union shall provide the designated University official with the names of employees requiring such release time at least twenty-four (24) hours in advance of the meet and confer session unless the parties mutually agree otherwise. The University shall not arbitrarily deny a particular request for release time.
G. Leave of Absence for Union Business
1.The University agrees to forty (40) days of paid release time within a calendar year for stewards to attend Teamsters Local 2010-sponsored training during the life of this Agreement. Teamsters Local 2010 will provide a minimum of ten (10) working days’ notice of a request for said release time to the Campus or UCLA Health Systems Labor Relations Office. The request shall not be unreasonably denied; however, the University need not grant the leave when it can demonstrate compelling operational reasons.
a. Long Term Leave (6 months to 3 years)
1. Upon at least twenty-one (21) calendar days’ advance written request from Teamsters Local 2010 and the employee to the Campus or UCLA Health System Labor Relations Office, a nonprobationary career employee shall be granted leave for Union business in accordance with this section. Such paid reimbursed leave shall be granted for a fixed period of time not less than one hundred eighty (180) days and not longer than three (3) years. However, a long-term leave of ninety (90) days may be granted upon mutual agreement of the parties.
2.The University may grant one (1) bargaining unit employee long term leave as defined herein for the period referenced in subsection (a) above. The University need not grant the leave when it can demonstrate a compelling business need.
3. During the paid reimbursed leave, the employee shall be paid by the University, and shall continue to accrue service credit and shall retain all benefits to which the employee was entitled prior to the start of the leave. Employee benefit contributions will continue to be deducted during the leave.
4. During the paid reimbursed leave, the employee shall be eligible for increases in accordance with this Agreement and campus practices.
5.The University shall not be required to return an employee on paid reimbursed leave to active employment status prior to the completion of the stated duration of the leave.
6.The duration of the leave shall be specified at the time the employee requests the leave. No leave shall be granted unless the written request specifies the duration of the leave.
7.The maximum duration of a paid leave with Union reimbursement is three (3) years.
8. Upon return, the employee shall be placed in the same or similar position from which the employee took paid reimbursed leave. The employee shall receive the rate of pay that would have been provided to the employee as a result of range adjustments provided during the leave.
9. Placement of the employee in his/her previous position shall be consistent with staffing reductions and/or layoffs which may have occurred during the period of leave of absence.
b. Five Day Leaves
1. Upon fourteen (14) calendar days’ advance written notice to the Campus or UCLA Health Systems Labor Relations Office, local Union stewards, as defined in Section D above, shall be granted five (5) consecutive days of paid reimbursed leave for union business. Teamsters Local 2010 will provide UCLA’s Campus or Health Systems Labor Relations Office with a minimum of one-business day (24 hours) written notice in advance of the specific days selected for reimbursable leave. Permission for such leave shall not be granted for a period of less than five (5) days, and such permission shall not be granted to any individual employee more than once per month and shall not be granted to any more than two (2) stewards per month. The granting of such leave to local Union stewards shall be subject to the operational needs of the University and may be granted to one or more such employees on the same shift in the same operational area.
2. Any leave granted in accordance with this section shall not constitute a break in service.
3. During the paid reimbursed leave, the employee shall not be eligible for Worker’s Compensation benefits arising out of an injury occurring during the leave from the University. While on Union leave, University employees shall be covered by Teamsters Local 2010’s Workers’ Compensation carrier.
4.Teamsters Local 2010 shall reimburse the University for all costs of employee compensation, including but not limited to salary plus all benefits paid to the employee for the time the employee is on leave without loss of compensation (36%). The Union shall submit payment to the University within thirty (30) days of receipt of confirmation of payment to the employee. The University has the right to terminate the leave if the Union fails to provide timely payment.
5. An employee who fails to return to work from a leave of absence on the approved anticipated date of return or any approved extension shall be considered to have abandoned and resigned from his/her job if such failure to return exceeds five (5) consecutive working days of the anticipated return date as provided for in Article 32.
H. Orientation Packets
The University shall notify Teamsters Local 2010 in advance of scheduled new employee orientations, if any, upon request of the local Teamsters Local 2010 representative.
1. At the University’s new employee orientation, if any, packets of information supplied by Teamsters Local 2010 shall be made available.
2.Teamsters Local 2010 shall be permitted to meet with the new unit employees for thirty (30) minutes according to UCLA Campus or UCLA Health System timetables and practices immediately after new employee orientation sessions, if any, for the purpose of sharing information with new unit employees.
3.The University and Teamsters Local 2010 agree to meet and discuss over arrangements to accomplish the goals of this section.