PERB, however, is not generally in the mediating business, the arbitrating business, or the dispute settling business. It is in the legalities business, generally a slow moving process with layers and appeals.
But the essence of the legality issue is whether the union was bound by its no-strike clauses to settle any dispute it had with the university via grievance and arbitration processes, or whether its claim that there is an unfair labor practice at the heart of the strike overrides the use of those processes.
As we have noted, were PERB to rule the strike was illegal, the union could potentially be liable for monetary damages related to the cost inflicted on the university.** UC's view is that the strike is for political ends, i.e., a view conveyed by the LA Times headline earlier this week on the image above. There are the policing costs which are hard to pin down as we noted in a prior post. There could be loss of patient revenues in the tally where the medical complex is concerned, also hard to pin down since some appointments are rescheduled. Apparently, there were some cancelled appointments and possibly overtime for delayed appointments due to demonstrations such as the one below:
Or direct to https://ia600408.us.archive.org/27/items/newsom-4-3-24-snow-survey/UCLA%20Protest%20Medical%20Area%2006-03-2024.mp4.
Since the strike has an end date of June 30, UC may have decided to run the clock and then let litigation take its course. Of course, that approach means graduations could be disrupted. We'll say more about all of this tomorrow - Saturday - including a suggestion that PERB can be expected to do its best not deal with the central issues of the dispute.
But don't despair. On Sunday, we'll suggest a way out of legalism and toward settlement once the parties come to the view that the current approach is not likely to be productive.
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*The Faculty Assn. has also filed charges:
https://ia800402.us.archive.org/9/items/2-final-hjaa-report.-the-soil-beneath-the-encampments/UCLA-FA-ULP%206-3-24.pdf. Much of the filing is an assemblage of documents already in evidence. Suffice it to say, the FA did not consult with yours truly in putting the filing together. Yours truly notes that some of the assembled documents present a viewpoint he does not share. PERB is not a forum for settling the problems of the Middle East. It is also an unlikely forum for defining academic freedom. As the discussions at the Legislative Assembly of the resolutions concerning Chancellor Block revealed, there is a wide range of views in the faculty concerning these matters.
**UC's lawsuit against the UAW was filed on June 4. It appears at this point to be a placeholder, documenting various forms of disruption, etc., resulting from the strike without placing a particular monetary value on the various examples. The suit could be amended as the litigation progresses, if it does. You can find the lawsuit at:
https://ucnet.universityofcalifornia.edu/wp-content/uploads/2024/06/2024-06-04-2729-xUC-filing_2.pdf.
Yours truly has been downloading documents related to recent events since original web posting may disappear. You can find a backup copy at:
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