Supporting Other Unions

Supporting Other Unions title

The Teamsters reached a Tentative Agreement, January 20, 2024 before they went on strike.

The CFA reached a Tentative Agreement after the first day of the strike.

Teamsters Local 2010 and CFA will be on strike the week of January 22-26. The strike will be held simultaneously at all CSU campuses with picket lines at strategic points of each campus at various times.

In anticipation of any message from the CSU seeking to thwart union support for our striking colleagues, here are the Q&As we circulated in December. This is a revised version with the first four questions addressing problems for those who may have a separate contract with CFA or teach.

Q1. I have a part-time faculty (Unit 3) lecturer appointment. Am I requested to continue working in my part time lecturer position if CFA declares a strike?

A1. No, that position is represented by CFA and is governed by CFA’s contract. HEERA protects employees who hold dual appointments when those employees refuse to perform what is known as “struck work.” To be clear, if CFA is on strike, employees are legally protected when they refuse to perform such struck work.

Q2. I do not hold a lecturer position. Can I be required to teach unit bearing courses?

A2. No. Employees from Unit 4 bargaining unit cannot be required to perform the work striking employees would normally perform. This is covered by the concept of, “struck work.”

Q3. I teach a non-unit bearing course as part of my regular Unit 4 job. Must I continue teaching that class?

A3. Yes, this is because teaching non-unit bearing courses is a duty that can be assigned to Unit 4 employees pursuant to Article 17.13 of the collective bargaining agreement.

Q4. I work nearly full time as an APC member but also have a part time appointment as an instructor, am I required to continue working my part time position?

A4. No and you should not. HEERA protects employees when they refuse to perform what is known as “struck work.” In this case, if CFA is on strike, employees are legally protected when they refuse to perform such struck work.

Q5. What can I do in support of another union that has declared a strike action?

A5. There are many things you can do to support the members of other unions, but, APC, as a union, may not strike due to the provision in our Collective Bargaining Agreement (CBA), currently in effect, that prohibits joining other unions on strike, also known as sympathy strikes.

Q6. When would we be free to join another union on strike?

A6. It is lawful for unions to strike concurrently when both unions have completed mediation and fact finding after a contract expiration. They may also strike concurrently, having completed mediation and fact finding, during a mid-term “re-opener” period in their CBA.

Q7. The CBA prohibits the union from sympathy strikes, what about individual employees?

A7. The provision of our CBA, still in effect, that prohibits sympathy strikes by our union, also prohibits individual Unit 4 employees from engaging in a sympathy strike.

Q8. What if I have a personal objection to ever crossing a picket line? Can I ask to work remotely during another union’s strike action?

A8. While individual employees bound by a “no sympathy strikes” provision may not refuse to work during another union’s strike, it is APC’s position that members have a statutory right under HEERA to support other striking unions, short of engaging in a sympathy strike. This includes the right to perform their work remotely where employees have performed such work remotely in the past. If your supervisor refuses such a request and says you must cross a picket line to come to work, you should restate that it is your union’s belief that you have a statutory right to work remotely, comply with the direct order but immediately contact APC Labor Relations at laborrelations@apc1002.org.

Q9. Can I use vacation/sick leave?

A9. An employee may always request vacation time whenever they see fit. Of course, such requests are subject to the normal approval process. Employees may take sick leave for bona fide medical reasons, such as whenever they are sick, have MD appointments, etc.

Q10. Can I join striking workers in the picket line?

A10. Absolutely, and you should!! Before work, after work, during lunch time and on your break time, and on your day off.

Q11. How else can we support other unions on strike?

A11. Wear your green APC shirts, wear the striking unions’ buttons and stickers if they are being distributed, let striking members know that you support them whenever you see them.

If you are not a member and would like to strengthen all CSU Union, you can join here.