CSU Policy for Repopulation and Telecommuting During the COVID-19 Pandemic for APC

CSU Policy for Repopulation and Telecommuting During the COVID-19 Pandemic for APC

Dear Unit 4 Colleague,

Your APC Executive Board and Bargaining Team have concluded bargaining with the CSU on two COVID-19 Pandemic related polices: Repopulation During the COVID-19 Pandemic and Telecommuting during the COVID-19 Pandemic.  Both documents represent the painstaking work of the APC Bargaining Team made up of campus stewards, our labor relations team and the executive Board.

In recent weeks, we have all learned about various plans to repopulate campuses and the possibility of a vaccination requirement as a condition of return to campus.  While all these announcements and rumors are of concern to all of us, we wanted to reassure you that APC is working diligently to hold the CSU to an orderly and safe return to campus if/when appropriate AND the possible continuation of our ability to telecommute.

The two documents referenced above are a good step in the right direction to ensuring the health and safety of our members during the pandemic; they provide an avenue to fight clear violations of health and safety regulations and afford us the possibility of requesting telecommuting privileges through the end of 2021.

Please be aware the nature of the COVID-19 crisis makes these two documents and our future negotiations with the CSU extremely fluid.  The information and plans disseminated by campuses and the Chancellor’s Office change constantly, which means that our demands change accordingly.  We are developing a Q&A section for the website, apc1002.org, which we hope will answer some of your questions.

We will provide you with more information on these important issues as soon as we have more concrete developments to report.

In Union,

Executive Board
Edie Brown
Dagoberto Argueta
Christine McCarthy
Rose Duran
Mario Baeza

Bargaining Team
Lee Norris
Cynthia Brown
Daryl R Evans
Randy Montes
Sam Tran
Tammy Worthington

CALIFORNIA STATE UNIVERSITY (CSU) POLICY FOR REPOPULATION DURING THE COVID-19 PANDEMIC
FOR ACADEMIC PROFESSIONALS OF CALIFORNIA (APC)

  1. Previously executed campus repopulation MOUs are incorporated by reference into this Agreement. This Agreement shall apply at all campuses and, to the extent any provision of a previously negotiated campus-specific repopulation plan conflicts with a provision of this Agreement, the terms of this Agreement shall govern.
  2. CSU shall follow Cal OSHA General Industry Safety Orders, Section 3205, which includes requirements for placing employees off-work as a result of potential COVID-19 exposure. The parties agree that this shall mean:
    1. Employees who are ordered by the employer to stay off-campus based on Cal OSHA General Industry Safety Orders, Section 3205 (c) (10) shall, at the discretion of the employer, be provided either telework or placed on sick leave. Telework shall be offered if operationally feasible and available. If sick leave is not available, the employee shall be placed on leave and will receive exclusion pay.
    2. In addition to the requirements in Section 3205, if the employee who has been ordered off-campus is formally notified by the CSU of an on-campus exposure through written correspondence based on Cal OSHA General Industry Safety Orders, Section 3205 (c)(3)(B)(3)(a) then the employee will either receive telework or be placed on leave and will receive exclusion pay at the discretion of the employer. Employees will not be required to use sick leave in this situation.
    3. The parties acknowledge that Cal OSHA General Industry Safety Orders, Section 3205 (c) (10) does not apply where the employer demonstrates that the COVID-19 exposure is not work related.
    4. The term “exclusion pay” in this agreement means: continuing and maintaining an employee’s earnings, seniority, and all other employee rights and benefits, including the employee’s right to their former job status, as if the employee had not been removed from their job. Exclusion pay is not disciplinary.
  3. The CSU will follow the requirement in Cal OSHA General Industry Safety Orders, Section 3205, regarding the return to work.
  4. CSU shall comply with Cal OSHA General Industry Safety Orders, Section 3205 requirements for testing during workplace outbreaks.
  5. The parties acknowledge that paras. 2-4 shall become null and void upon expiration of Cal OSHA General Industry Safety Orders, Section 3205 unless the parties agree to mutually extend in part or in whole.
  6. Employees who are returned to campus and who have concerns whether it is safe to do so shall notify the appropriate administrator as provided in Provision 31.6 and/or Provision 31.7 of the CBA.
  7. The University shall continue to adhere to its obligations under the American With Disabilities Act.
  8. The University recognizes its obligations under HEERA 3568, which states “Subject to reasonable regulations, employee organizations shall have the right of access at reasonable times to areas in which employees work, the right to use institutional bulletin boards, mailboxes and other means of communication, and the right to use institutional facilities at reasonable times for the purpose of meetings concerned with the exercise of the rights guaranteed by this act.”
  9. If a new campus policy, or an addition to an existing policy, impacts subjects within the scope of representation that are not covered by this agreement, the University shall provide notice to APC if required by the collective bargaining agreement (CBA) or HEERA.
  10. Any dispute about the violations, disputes over interpretations, and/or misapplication of this agreement shall be subject to the Grievance Procedure contained in the CBA in effect at the time the dispute arises.
  11. Nothing in this policy shall alter the rights or benefits provided under the collective bargaining agreement between the CSU and APC. Consistent with its HEERA obligations, should the University be required to alter this agreement as a result of municipal, state or federal legislation, the University shall provide notice about matters within the scope of representation pursuant to the terms of the Collective Bargaining Agreement (CBA), HEERA or any other statutory requirement. The University retains its right to assert waiver or any other legal defense available under HEERA or applicable law.
  12. APC agrees that the CSU has met its obligation to meet and confer over the above subjects, including all previously initiated campus-based meet and confers regarding repopulation.

CALIFORNIA STATE UNIVERSITY (CSU) POLICY FOR TELECOMMUTING DURING THE COVID-19
PANDEMIC FOR ACADEMIC PROFESSIONALS OF CALIFORNIA (APC)

  1. This agreement shall apply at all campuses and shall supersede any previously negotiated campus specific COVID19 pandemic telecommuting agreement or policy with the Academic Professionals of California (APC). Agreements related to telecommuting reached after the execution of this Agreement shall be controlling.
  2. As a result of COVID-19, employees may be required to perform their normally assigned duties by telecommuting. Telecommuting arrangements are at the sole discretion of the CSU.
  3. Employees who telecommute shall comply with all applicable policies and procedures, including department procedures, as if they were working on site.
  4. Employees in need of additional equipment or supplies to telework must discuss the issue with their appropriate administrator. If additional equipment or supplies are deemed necessary by the appropriate administrator, or by law, then the appropriate administrator may:
    1. provide the necessary equipment or supplies; or
    2. authorize the employee’s expenditure and subsequent reimbursement for the necessary equipment or supplies; or
    3. provide an alternate work location that has the necessary supplies and equipment

    If an employee expenditure is authorized, appropriate documentation may be required. Equipment or supplies reimbursed by the CSU shall be the property of the CSU. CSU property shall be used for business purposes, except as otherwise permitted by law or the CBA.

  5. Unless mutually agreed to with the employee, the University shall:
    1. Provide at least fourteen (14) days’ notice to an employee before ending a telecommuting assignment; or
    2. Provide at least twenty-four (24) hours’ notice to the employee before conducting an inspection of the telecommuting location unless otherwise required or permitted by law; or
    3. Provide seventy-two hours’ notice to the employee before requiring an employee to return to campus or before changing the day(s) for which an employee telecommutes.
    4. The University reserves the right to call an employee back to campus without notice if exigent circumstances exist (e.g., an unexpected or unplanned event requiring the completion of a specific task which cannot be performed remotely).
  6. If a new campus policy, or an addition to an existing policy, impacts subjects within the scope of representation that are not covered by this agreement, the University shall provide notice to APC if required by the collective bargaining agreement (CBA) or HEERA.
  7. Any dispute about the violations, disputes over interpretations, and/or misapplication of this agreement shall be subject to the Grievance Procedure contained in the CBA in effect at the time the dispute arises.
  8. Nothing in this policy shall alter the rights or benefits provided under the collective bargaining agreement between the CSU and APC. Consistent with its HEERA obligations, should the University be required to alter this agreement as a result of municipal, state or federal legislation, the University shall provide notice about matters within the scope of representation pursuant to the terms of the Collective Bargaining Agreement (CBA), HEERA or any other statutory requirement. The University retains its right to assert waiver or any other legal defense available under HEERA or applicable law.
  9. APC agrees that the CSU has met its obligation to meet and confer over the above subjects, including all previously initiated campus-based meet and confers regarding COVID19 specific telecommuting policies.
  10. This Agreement shall remain in effect until December 31, 2021 unless the parties agree to mutually extend the Agreement in part or in whole.

Download these agreements here

APC COVID19 Pandemic Specific Repopulation Policy Final
APC COVID19 Pandemic Specific Telecommuting Policy Final