“Allowing the strike to continue will cause the University and its students irreparable harm — UAW members play a critical role in year-end activities like teaching, grading, and ongoing time-sensitive research,” a university statement released Tuesday said.
The academic workers contend that their free speech rights were violated when system leaders called on police to forcibly remove pro-Palestinian encampments at several campuses and activists at UCLA were not protected from a mob attack for hours. Police later moved in to dismantle the UCLA encampment, making about 200 arrests, including some members of the striking union. Demands of union leaders include the protection of free speech on campus, an amnesty for all academic employees, students, student groups, faculty and staff who face disciplinary action or arrest due to participation in protests, and divestment by the university from “weapons manufacturers, military contractors, and companies profiting from Israel’s war on Gaza.”
University officials assert that the strike is unlawful because the goal is “to pressure the University to concede to a list of politically motivated demands closely linked to the protests occurring across California and the nation.” The request for injunctive relief “asks PERB to issue a court order to effectively end the strike,” said Heather Hansen, a spokesperson for the UC office of the president.
UC officials said that they support free speech but that union negotiations “must be tied to terms and conditions of employment and terms in the collective bargaining agreement.” The university also cited no-strikes provisions in the current contract. Union President Rafael Jaime said the university’s latest action was disappointing but not surprising. The union contends that the strike is legal under rules that permit walkouts in response to unfair labor practices. Each side has submitted charges with PERB accusing the other of violating labor rules. The request for an injunction, however, will trigger an expedited process.
“UAW will be given an opportunity to file its opposition papers no later than tomorrow morning — likely before noon,” said J. Felix De La Torre, general counsel for the employment board, referring to a Wednesday deadline. "The Board will then deliberate and likely issue its decision by Thursday.” ...
Comment: A good lawyer will advise a client of the downside risk of any action, likely or not. No one at this point knows for sure what PERB will do. Were PERB to rule against the union's position, there could conceivably be liability on the part of the union. Whether the university would pursue that course of action is another unknown. By picking a relative small campus (without a medical complex), and only one campus, the union has minimized - but not eliminated - that risk.
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From UC-Santa Cruz as of 10:30 AM this morning (May 22):
UC Santa Cruz will continue with remote instruction on Thursday and Friday.
8:25 a.m. — Both entrances are open with picketing underway. Motorists should watch for pedestrians and bicyclists.
7:40 a.m. — The Science & Engineering Library and McHenry Library buildings are open as scheduled.
7:30 a.m. — Both entrances are open with traffic flowing freely. Motorists should drive with caution and watch for pedestrians and bicyclists.
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