K8-Unit – ART. 20: Subcontracting

ARTICLE 20. Subcontracting

A. The University reserves the right to subcontract unit work, including the right to continue subcontracting that work which has been subcontracted in the past. The University will comply with applicable UC policies as well as state regulations and legislation governing contracting out maintenance work. Where possible, the University shall make reasonable efforts to perform unit work in-house. The University shall take the following factors into account prior to subcontracting work normally performed by bargaining unit members:

1. The availability of bargaining unit employees to perform the work to be contracted out;

2. Whether the available bargaining unit employees have necessary skills, certifications or licensures needed to perform the work;

3. Whether or not the work could be completed within the time constraints applicable to the project;

4. The availability of required materials and/or equipment necessary to complete the project;

5. The cost involved in performing the work in house versus contracting out that work; and/or

6. The skilled trades work is needed to address an emergency. An emergency may include, but is not limited to, the need to prevent the stoppage of University operations or to ensure the continuous operations.

B. Subcontracting will be a standing agenda item at Labor-Management meetings scheduled in accordance with Article 34, Labor-Management Relations. Requests for information regarding contracts should be directed to the Manager, Employee & Labor Relations or designee.

C. The University agrees to notify the Union at least thirty (30) calendar days in advance of its intent to subcontract any unit work which would result in the layoff of unit employees, and shall meet and confer upon request regarding the subcontracting of such unit work. If agreement is not reached, the University may implement its decision.

D. Upon written request by the Union, no more than four times per year, the University shall provide a summary of subcontracted unit work which was not required to be contracted out pursuant to UC policies, state regulations or legislation. For the purposes of this Article only, subcontracted work is that work which is Maintenance work or work which is less than $50,000 in total, or painting work which is less than $25,000 in total. In addition, Union stewards will be allowed to attend pre-bid conference planning meetings.

E. Contracts for bargaining unit work which is not required to be contracted out by UC policies, state regulations or legislation shall not displace unit employees. “Displacement” means demotion, layoff or involuntary reduction in time.