What could happen to strikers at UC?
The statute that regulates collective bargaining at UC, HEERA, is copied in many parts from federal labor law. However, unlike federal law, HEERA does not protect "concerted activity" by employees including faculty. Since Yudof et al say furloughs can't be on teaching days, and since concerted activity is not explicitly protected, there is an interesting question of what action could be taken against faculty who "strike" on Sept. 24 if they happen to be scheduled to teach or who otherwise take furlough days on teaching days.
Who knows the answer?
Walkout called over UC budget cuts
Nanette Asimov, San Francisco Chronicle Staff Writer, Wednesday, September 16, 2009
“Hundreds of faculty, students and staff from the University of California's 10 campuses are calling for a systemwide walkout Sept. 24 to protest UC's handling of its budget crisis.
The protest is intended to disrupt classes to call attention to the deep impact of millions of dollars of budget cuts on the quality of education throughout the UC system.
What began in recent weeks as a proposed faculty walkout coinciding with the first day of school next Thursday at some campuses - including UCSF, UC Davis and UC Santa Cruz - has grown to include graduate and undergraduate student groups, and labor unions representing thousands of employees.”
3 comments:
Thank you for providing this information.
I think it is highly unlikely that the UC will take retaliatory action against faculty. First, they would have to prove that the action is actually concerted. Other than signing on to the petition (a free speech issue), there really isn't any organization (at least not here) making a concerted effort to promote the Walkout. Second, retaliation would likely wake people up and get them to mount a more, well, concerted, protest.
I think it's a bit odd that the FA is raising this issue with very little clarifying information.
I will be teaching on Sept 24th, but I'll also be at the Rally at 12 noon on Bruin Plaza. For more information see savingucla.ning.com .
In an email to faculty, the UCLA Academic Senate leadership said this about the proposed Walkout:
"The UCLA Academic Senate leadership has elected not to take a position on the proposed walkout. We regard participation in a walkout as a matter of individual conscience, recognizing that our faculty are professionals who will meet their pedagogical obligations to their students."
This statement, I think, tends to support my point that faculty will *not* face any retaliation for participating in the Walkout. In addition, I would note that most advocates of the Walkout on campus are suggesting that faculty go to class, deal with enrollment and administrative issues, explain the budget crisis to students, and then cut class short to attend the rally or other events.
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