UC/AFSCME Service (SX) and
Patient Care Technical (PCT) Agreements
February 13, 2002
In late December 2001 tentative agreements
were reached between the University and the American Federation
of State, County and Municipal Employees (AFSCME) covering the
Service (SX) and Patient Care Technical (PCT) units. The following
summary represents some highlights of the settlement that was
ratified by the Union on January 25, 2002.
- Duration - The
duration of both contracts is three years with wages open in
2003. SX contract expires June 30, 2004 and PCT on April 30,
- 2% across-the-board salary increases to each unit are effective
October 1, 2001. Employees in each unit will receive a lump sum
payment of approximately $20 (2% of the average hourly salary
of the combined units times 80 hours). This bonus
is to be included in the retroactive payment check. Salary increases
will be paid within 60 calendar days of ratification. UC agreed
to equity adjustments for AFSCME employees who meet specific
criteria set down in Article 41 - Wages. A review will compare
the salaries of new or initial hires against current employees
(a person initially hired within the past 2 1/5 years) and adjustments,
if any, will be within 5% of the new hire. Eight specific criteria
listed in Article 41 will be used to assess whether or not a
pay equity adjustment will be made. UC will use the same criteria
for setting the salaries of new hires.
- UC will bargain over 2002 parking increases with AFSCME. UC
will initiate the bargaining which should begin on February 1,
2002. The expectation is that bargaining on the parking issue
will conclude by July 1, 2002. No rates will be increased until
after negotiations are concluded.
- Union representatives will have access through patient care
areas in order to travel to and from permitted areas and will
be required to attend an orientation prior to being allowed access.
UC will allow AFSCME to provide information packets and meet
with employees after new employee orientation.
- Contracting Out
UC agreed not to displace bargaining unit employees as
a result of contracting out, unless it is necessary to obtain
specialized services, efficiencies, expertise, or due to financial
necessity. UC will find the displaced employee another bargaining
unit position at the same level of pay and appointment type at
the same campus/hospital/laboratory. This article does not apply
to contracting out new services.
- Grievance Procedure - The grievance procedure has been changed to:
clarify time limits for mailed or hand-delivered grievance appeals
and responses; add an informal review and resolution step without
extending grievance time limits; and under certain circumstances,
allow an additional union representative to attend grievance
meetings. Language regarding retroactivity for corrections of
errors related to payment of wages was modified to provide exceptions
to the thirty-day limitation on retroactive pay remedies. A new
section was added to assure that a separate, confidential grievance
file would be maintained. In the PCT Agreement AFSCME will have
15 days (instead of 20) to respond to a step 1 grievance or to
convene a step 2 grievance meeting which is the same as
the SX contract.
- Health and Safety
Employees working with hazardous materials or in a hazardous
environment will receive information and training about health
and safety procedures within the first month of employment. A
process has been developed for employees to follow should they
feel an assigned task is abnormally hazardous. UC and AFSCME
agreed to form a joint safety committee at every campus. Safety
equipment is to be provided when required by UC.
The existing administrative holiday will be celebrated
as Cesar Chavez Day and Veterans Day was formally added
to the list of SX holidays.
- Leaves of Absence for Union Business UC may grant leaves of absence for union
business depending on the number of unit members and duration
of leave. The leave may be for as little as one day up to three
- Out of Class Assignments When an employee is assigned to perform
all duties of a higher class for 15 days (previously 20 days
in PCT) or more, the employee will be paid on the sixteenth day
4% above his/her current pay or the minimum of the higher position,
whichever is greater. This is retroactive to the first day of
the out of class assignment. These temporary assignments shall
not result in permanent reclassification.
- Past Practices Not Covered by Agreement UC agreed that practices not raised during
negotiations may remain in effect if they do not conflict with
the intent of the Agreement. If UC proposes changes to such practices,
45-day advance notice is required for meeting and discussing
the proposed changes with the union.
- Payroll Deductions UC will provide AFSCME its political action
check-off ("People Deduction"). Technical changes in
this Article included the dues amount, definition of base pay,
etc. AFSCME agreed that, upon request, it would provide UC a
list of employees designated as conscientious objectors, with
respect to payment of the unions security fee.
Arbitrators awards involving the correction of errors
in payment of wages, mathematical calculations, or recording/accounting
errors relating to payment of wages, shall not be made retroactive
to a date earlier than two years before the initiation of the
- Layoff and Reduction in Time Subcontracting language was deleted and
is now a new article.
- Leaves of Absence
Military leave language was revised to meet requirements
of the law.
- Nondiscrimination in Employment This article is now grievable. An employee
must waive his/her rights to pursue the complaint in any other
forum in order for the union to appeal the grievance to arbitration.
- Position Appointments Limited appointments have been defined
as an appointment established at any percentage of time, fixed
or variable, where the appointee is expected to be on pay status
less than 1000 hours in a rolling 12 month period. Employees
in limited positions will not be terminated for the sole purpose
of denying career status. A limited appointment employee who
exceed the 1000 hour threshold in a rolling 12 month period without
a break of service of more than 120 consecutive calendar days
will be converted to career appointments of at least 50%. Automatic
conversion will not occur when the appointment was made to replace
an employee on an extended leave that exceeds 1000 hours; position
is established and funded for a period of less than 1 year at
any percentage time; funding for the position is "one-time"
funding of 18 months or less, and the position is for a short-term
project lasting less than a year. Employees converted to career
status will serve a probationary period subject to revised probationary
period language summarized in the next section. UC agreed it
does not intend to replace career employees with per diem employees
and the ratio of per diem to career will not grow by more than
12% over the 3 years. In May of each year during the life of
the contract, a review will be conducted to determine if the
employee meets the criteria for conversion from per diem to career
appointment. The criteria includes total hours worked, percent
time worked in any given month or 4-week period during the preceding
contract year, satisfactory work performance, and length of service
at the campus/hospital. The University will provide AFSCME with
the ratio of per diem to career employees. With respect to discipline/dismissal,
arbitration shall apply to a per diem employee when: he/she has
worked 1000 hours as a per diem, exclusive of overtime and on-call
hours, in a rolling 12-month period; and he/she provided the
University with a commitment to work at least fifty percent (50%)
time. Failure to comply with 50% minimum scheduling requirements
may result in termination at the discretion of UC without access
to the discipline and dismissal rights of the contract.
- Probationary Period - An employee converted to career status who has
worked in the "same job" in the same department/unit
with the same duties and supervision prior to conversion will
have that time applied toward the 6 month probationary period.
An employee who has worked in a "substantially similar job"
prior to conversion will have 3 months applied toward the completion
of their probationary period.
- Medical Separation - Language was added to PCT contract. The notice
of intent to medically separate will include effective date and
employee rights information. The time frame for reemployment
without a break in service was increased to 180 days from 90
days. An employee on a medically related leave of absence with
a return date within 180 days of the first day of leave will
not be medically separated during the 180 day time period.
- Miscellaneous - The
only change made in this section was to allow one representative
from each local Campus/Lab to attend Labor-Management Committee
meetings as long as the Campus/Lab has employees covered by this
- This language was updated to reflect UCs legal obligations
regarding when and how an employee who resigns should be issued
a final paycheck.
- Sick Leave
An eligible employee may now take Bereavement Leave for
"step relatives" and " any other person"
who lives in the employees household and for whom the employee
has a personal obligation.
- Staffing Committee - This new article requires UC and the Union to
meet every other month, unless mutually agreed otherwise, at
each campus (PCT-Medical Center) to address staffing issues and
to try and develop reasonable workload guidelines. The union
must submit a written agenda 10 workdays before the proposed
meeting date. If a timely agenda is not submitted, the meeting
will not be convened. The union may request relevant and necessary
information as soon as practicable before the proposed meeting.
UC will provide such information at least 48 hours prior to the
meeting, if it can be gathered in time before the meeting. UC
retains the sole prerogative to make staffing decisions, however,
the union has the right to bargain over the effects of UCs
staffing decisions. UCs failure to comply with the procedural
requirements of the article is grieveable and arbitrable, but
- UC staffing decisions are not.
- Transfer and Promotion Upon upward reclassification, an employee
shall be granted a salary increase to the minimum of the salary
range of the new class or one (1) step [4% for non-step employees]
whichever is greater. The new rate can not exceed the maximum
of the new class.
- Work Rules
- UCs enforcement/application of a work rule is grievable
and arbitable if the enforcement/application of a work rule is
inconsistent with the work rule. The arbitrator will not have
the authority to "newly fashion or modify" a work rule
but may consider the "reasonableness" of the work rule.
There was no change in the following
- Discipline and Dismissal
- Hours of Work
- Management Rights
- Moving Expenses
- Multiple Appointments
- No Strikes
- Performance Evaluation
- Personnel Files
- Release Time for Negotiations
- Travel Reimbursement
- Vacation Leave
- Work Incurred Injury or Illness
If you have related questions, please call
Marvin Castillo in Labor Relation at 949-824-9083 for more