APC has been on the front line with our East Bay Unit 4 stewards and members since this disturbing push to repopulate the campus began back in early July. The CSU has not acted in good faith while we have been engaged in the meet and confer process with the Chancellor’s office on CSU East Bay’s Repopulation Plan. The APC Executive Board has been actively involved with Unit 4 campus members, visiting campus to participate with other unions and colleagues bearing witness to this atrocious action from the University administration.
We have stood shoulder to shoulder with CSUEU and other sister unions to defend our people in this fight for their health and safety. We have shared their message pleading with the President to reconsider his demand to repopulate. After exhausting all means of encouraging an amicable solution to this unfair move from the administration, on Thursday July 30, APC filed legal action against the CSU because they have chosen to ignore our pleas to STOP the repopulation.
APC will continue to fight to defend the health and safety of our Unit 4 employees their families and the communities they serve.
APC Executive Board
APC Takes Legal Action to Protect Hi-Risk Employees
On March 15th Chancellor White unilaterally created a program (Program) which required employees who are at hi-risk of suffering adversely from Covid-19 to either telecommute or, if telecommuting is not possible, to be placed on paid administrative leave. The Chancellor’s actions created a new Program which was made available to our members throughout the CSU system.
The Union’s position is that once the Program was created it cannot be rescinded without the University fulfilling its affirmative notice and bargaining obligation. Unfortunately, the University decided it can unilaterally withdraw the Program. This action was taken without regard to the potentially irrevocable harm it could cause to APC’s bargaining unit members or its duty under the law.
In fact, CSU East Bay was blatant in expressing its disregard for the law and the safety of its employees. The University sent a message to its employees stating, “[t]he TEMPORARY PAID LEAVE previously granted by the Chancellor’s Office for individuals 65 or older and/or who have a chronic medical condition(s) ends immediately.”
In order to stop this egregious and potentially dangerous action APC has filed an Unfair Labor Practice (ULP) with the Public Employment Relations Board (PERB). APC’s charge is comprehensive and includes a demand that anyone negatively impacted by the University’s illegal actions be made whole.
In addition, APC is asking PERB to seek injunctive relief. This means going to court and obtaining an injunction prohibiting the University from placing more employees in danger, and immediately returning hi-risk employees home.
Every effort will be made to provide additional information as things develop.
Lee O. Norris
Labor Relations Manager