Proposal Would Increase Union Strike Capabilities

By Staff
UCSD Guardian
April 28, 2008

The state Public Employee Relations Board has issued a proposal that legalizes unfair-labor-practice strikes by public employees throughout California. If finalized, the proposal will represent a victory for the California Nurses Association — among other labor unions — which is currently amid efforts to bargain over patient care issues.

PERB administrative law judge Donn Ginoza’s order found that the University of California violated the law by refusing to bargain over the union’s staffing proposal and by concealing information from nurses about patient classification systems used to determine staffing decisions.

Unless it is appealed, the proposed ruling will be finalized on May 8.

The proposed ruling would require the UC system to negotiate patient-care issues raised by nurses in future talks and to publicly post decisions in all of its medical facilities.

The case dates back to a one-day CNA strike in July 2005 regarding the university’s alleged failure to bargain in good faith over nurse and other staffing practices. The UC system obtained a court injunction to block the strike just hours before it was scheduled to begin.

“This is a refreshing acknowledgement of the fundamental, democratic right of California public employees to strike — and a stunning rebuke for the university’s attempts to silence the collective voice of UC nurses,” Geri Jenkins, a member of the union council of presidents, said in a statement.

UC Office of the President spokesman Paul Schwartz said the university is reviewing the proposed ruling and will likely appeal it.

“We are very disappointed in the decision as we think it fails to reinforce the joint duty that labor and management have to resolve disputes at the bargaining table and protect against conduct such as strikes that threaten public safety,” he said in a statement.

If the UC system does contest it, Schwartz said the ruling will not take effect until it is resolved by the full board.