KM Unit – ART. 39: Union Rights

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ARTICLE 39 – 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. 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. The board space shall not include any derogatory information about UC MERCED or the Regents of the University and shall be used only for legitimate Union information ‘not posted on doors’, including but not limited to:

1. Union recreational, social, and related news bulletins;

2. Scheduled Union meetings;

3. Information concerning Union elections or the results thereof;

4. Reports of official business of the Union including reports of committees or the Executive Board; and,

5. Any other written material which first has been approved by the Union, and signed by an authorized Business Representative.

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.
  1. 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.
  1. SETC stewards may use University computers for Union business in accordance with the University’s Electronic Mail/Electronic Communications Policy.
  2. SETC stewards may use University copiers, printers and fax machines at a cost of ($.07) per page for black and white and thirty-eight cents ($.38) per page for color. SETC will reimburse the University for said costs when billed at the designated SETC address. 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 shall 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 two (2) stewards at UC MERCED; provided, however, that there shall be no more than one (1) steward per shop on any shift; no more than one per trade.

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, may be conducted on anemployee’s scheduled work time as referenced in the applicable Articles Grievance Procedure, Article 26 (B)(6), Arbitration Procedure, Article 27 (E), Labor-Management Relations, Article 36 (C), Joint Health & Safety Committee, Article (29).

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 SETC Consultant or Officer may file a grievance concerning steward reprisal with the Campus 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 two (2) 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, as long it does not impact the University’s ability to provide services. The Union shall provide the designated University official with the names of employees requiring such release time at least three (3) working days 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. Short Term Leaves

Any employee covered by this agreement who has been officially appointed by the Union as an officer, delegate or steward may be granted a leave of absence for union activities. The aggregate of all such leave(s) shall not exceed a total of fourteen (14) working days per calendar year. Time may be extended if mutual agreed.

The Union will submit to the Labor Relations Office a written list of all designated Union officers, delegates, and stewards annually within the month of January. Any changes to the original list must be provided to the Labor Relations Office in writing.

  1. SETC shall reimburse the University for all costs of employee compensation, including but not limited to, salary plus all benefits paid to the employee. Time the employee is on leave shall be without loss of benefits or compensation. UC MERCED will submit billing to SETC at the designated SETC address for the leave referenced herein. SETC will pay said sum to the Regents of the University of California care of UC MERCED and submit to the Campus Cashiering Service Office within thirty (30) days of the date of said bill.

A written request for such leave(s) of absence must be submitted to the University official or designee at least fifteen (15) working days prior to the effective date of the leave. The request shall not be unreasonably denied, however, the University need not grant the leave when it can demonstrate compelling operational reasons.

H. New Orientation Packets

The University and the Union agree that the Union will supply SETC Orientation Packets to UC Merced Human Resources Office for distribution to each bargaining unit employee at the time of hire into the unit.