When a labor agreement between UC and a union expires, some of the rules in expired contract continue in force and others lapse.
Upon the contract expiration, there is a transition to the status quo of terms and conditions of employment for represented employees. The status quo period requires the University to maintain the same wages, hours and terms and conditions of employment for represented bargaining unit employees that existed at the time the contract expired.
Many of these "status quo" conditions are reflected in contract language, but some are not. Thus, once a contract has expired, the University cannot change anything related to wages, hours and terms and conditions of employment without giving notice to the union and negotiating the change. That includes things like: changes in hours, changes in sick leave procedures, changes in performance evaluation procedures, etc.
If your Campus department is looking to make changes during status quo, please fill out the Notice of Intent to Change Conditions of Employment form and submit to ELRNOTICES@UCDAVIS.EDU.
UC’s position is that the current terms and conditions for employees in the CX bargaining unit will continue, with special notes for selected Articles of the current contract(s) as follows:
- Access: With respect to union rights contained in this Article, the University will continue to offer use of e-mail for grievances as the contract currently provides, to allow the use of meeting rooms according to local access rules, new employee orientation as currently provided at each location, use of the telephone, and union business leave according to the current contract. Existing release time arrangements for designated union representatives shall remain in place, and new requests for release time should be granted (or denied) in accordance with the contract.
- Arbitration: There will be no employee or union access to the arbitration process for those grievances which arise after the expiration of the contract. However, individual employees who are dismissed or suspended for more than five days may elect to access the local “post-deprivation” procedures in lieu of arbitration.
- University Benefits: The University will continue to treat bargaining unit employees as eligible for benefits subject to any changes to benefits that are consistent with the status quo.
- Corrective Action, Discipline and Dismissal: The notice obligations to the union as provided under this Article continue.
- Grievance Procedure: The grievance procedure will continue as the terms and conditions of employment for employees. The University will provide paid leave for grievance representatives as described in the contract.
- Hours of Work: The union have confirmed that they agree to continue the provisions of compensatory time-off for overtime payment (CTO) where it currently exists.
- Layoff and Reduction in Time: The notice obligations to the union as provided in this Article continue. Also, the severance benefits continue as part of the status quo.
- Parking: Parking rates may not be changed without express agreement from the union, which is unlikely to be achieved with an expired contract.
- Payroll Deduction: The University will continue the existing process for beginning and ending payroll deductions as notified by the union.
- Transfer/Promotion/Reclassification: If you are contemplating assigning significant new duties to, or requesting a reclassification for a Clerical Unit position, please contact your Compensation Department as we cannot reclassify employees unilaterally.
- Work Rules: Generally, changes in work rules post contract expiration need to be bargained. If you are planning to change a work rule, please contact the Employee and Labor Relations Office in Davis at 530-754-8892 or email via the Reach Out form.
This list describes the main issues about terms and conditions that are affected by the contract expiration.
Having an expired contract and being in the status quo period can be a difficult situation for management. However, not everything related to wages, hours and terms and conditions of employment is subject to bargaining. Some of these issues are beyond the scope of bargaining and they continue to remain within management's prerogative during the status quo period. The obvious include, but are not limited to: decisions about reorganizing services; decisions about the organization of activities or programs, decisions about hiring, discipline, termination, layoff, decisions that go to the mission of the University, etc.
While certain management decisions are beyond the scope of bargaining, the effects of those decisions may be negotiable.
For additional information, please view our ELR Status Quo Information Session webinar recording and presentation.
Please note: This information is for UC Davis Campus. If you are looking to make changes at Health, please submit an inquiry via their Reach Out form.
If you have any questions about what you can and cannot do during the status quo period, please Reach Out to Employee and Labor Relations.