KM Unit – ART. 38: Sub-Contracting

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ARTICLE 38 – SUB-CONTRACTING

A. When determining whether or not to subcontract bargaining unit work, the University shall consider whether said work should be performed by bargaining unit employees in-house. However, the decision to subcontract work is the prerogative of the University and management reserves the right to subcontract unit work,
including the right to continue subcontracting work which has been subcontracted in the past. With the exception of said past subcontracted work, the University will make reasonable efforts to perform unit work in-house.

When making any decision to contract out Bargaining Unit work, management shall consider the following factors before contracting out the work:

a. Costs

b. Materials, tools, and equipment

c. Supervision

d. Time constraints

e. Project priorities

Availability of qualified bargaining unit employees who have the special skills and licensures to perform the project work on overtime

Under no circumstances, shall the University split a project and sub contract and perform part in house when multiple trades are required.

B. Upon written request by the Union, twice per year, the University shall provide to the Union and a designated steward a summary of subcontracted work which is funded by the State of California Operations and Maintenance of Plant budget. Subcontracted work is that work which is less than $50,000 in total, or painting  work which is less than $25,000 in total.

C. UC Merced and SETC agree it is not their intent to layoff employees who are doing bargaining unit work. The University agrees to notify the Union, at least thirty (30) calendar days in advance, except in an emergency situation, of its intent to subcontract any unit work which would result in the layoff of unit employees The
parties shall meet and discuss in accordance with Article 28, Layoff and Reduction in Time, Section C2.

D. The University and the Union agree that any concerns the Union may have about subcontracted work as referenced in Section A above may be added to the agenda of the parties’ quarterly labor-management meeting pursuant to the provisions of Article 36 of this Agreement.