November 8, 2018

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STATE AGENCY ALLEGES UC Davis violated labor law when terminating temporary counselors UC Davis terminated employees during negotiations while other UCs transferred temporary workers to career positions BY SA BRI N A HA B C H I campus@theaggie.org

The Public Employment Relations Board has filed an official complaint on behalf of University Professional and Technical Employees (UPTE), a university labor union, alleging that UC Davis violated labor laws in its termination of contracted counselors during the summer of 2017. This is the second of recently filed complaints against the UC by the Public Employment Relations Board (PERB), a state agency which enforces California’s labor relations statutes. The termination of the counselors was explained in a previous article published in V E N O OS M OS H AY E DI / AGGI E

DUI suspect drives into local 7-Eleven Driver, customers uninjured BY LAUREN T RO P I O city@theaggie.org

After a car crashed directly into a 7-Eleven store located on L Street on Oct. 10, employees and surrounding stores attempted to manage and fix what was left of the front windows. Police reported that the driver seemed to be under the influence, as the suspect barely managed to perform the sobriety tests officers gave. “Upon arrival, officers suspected the driver was impaired and placed him through field sobriety tests which he performed poorly on,” police said to the Davis Patch. “Please remember that DUI does not always mean just alcohol. Drugs (even legal ones) can impair one’s ability to drive a motor vehicle.” The red SUV plowed through the front of the 7-Eleven, leaving behind dented beams and shattered glass throughout the area. The store was open at the time of the accident, but no one was injured. An employee stationed behind the cash register witnessed the vehicle coming straight through the store. The following day, the 24-hour chain store had to close to clean up.

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The California Aggie which acknowledged that the 10 employees were hired on a contract basis to temporarily satisfy under-met student mental health needs as part of a four-year initiative by the UC Office of the President. As part of this initiative, UC Davis planned to hire 12 counseling psychologists using student fees. The university, however, hired temporary contract employees instead of full-time counselors. In the meantime, counseling psychologists from all of the UCs were going through accretion negotiations to settle the terms of a new contract after becoming newly represented by UPTE. “There’s no safe amount to drink or use of a substance that impairs you prior to operating a vehicle,” said Nathan Trauernicht, the fire chief for the UC Davis Fire Department. “In fire and emergency services, we see the outcomes of DUI accidents that far too often result in traumatic injuries or death. If someone had to see first-hand the loss of a life taken too soon — or the devastated family that arrives to find out that their loved one was harmed by your choices — maybe people would think twice before getting behind the wheel. These aren’t dramatizations; they are the reality of driving while under the influence.” Responders to the scene of the crash used it at as a time to remind those around Davis of the impacts an impaired driver can have on the community, especially when it comes to the safety of residents. “I live off campus at The U Apartments and found this 7-Eleven as a quality, go-to place for after a long day of classes to grab a snack or for a water after practice,” said Cameron Timble, a second-year managerial economics major. “I mean, the people around this part of town do kind of seem a bit sketchy and then it is incidents like this that make me realize you really do have to be aware of your surroundings. I easily could have been in that store during this accident, considering I go to bed so late and have my late-night snack needs, making me just not want to come to this store anymore.” Currently, the 7-Eleven has a large piece of wood covering the hole created by this car. The store hopes to be rebuilt and fully functioning as soon as possible. The California Aggie reached out to the employees and manager of the 7-Eleven store, who declined to comment on the incident.

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The existing healthcare contract doesn’t provide for contracted employees — or employees who are at-will and can be fired at any time. “The Hx contract does not have provisions for contract workers — the union is a firm believer that you don’t need contract workers, you hire people into career positions and if funding sources disappear then there’s provisions for layoffs,” said Jamie McDole, the vice president of UPTE. Unlike many of the other UCs, which transferred their contract workers to career positions, UC Davis terminated all the counseling psychologists who were contract workers while bargaining was taking place, McDole said. “Part of the negotiations were the discussions that anyone who was on contract needed to be converted to a career position,” McDole said. “The other campuses did have contract workers and did convert them to either career or let their contracts run out if they didn’t have the work for it, but UC Davis decided to go ahead and terminate all the employees who were on contract.” Margaret Walter, the director of health and wellness at UC Davis, said that “the decision to end the contracts early was related to budget,” in an article published by The Aggie in February. Both Walter and Cory Vu, the assistant vice chancellor for Divisional Resources, declined The Aggie’s requests for comment for this article. Walter and Vu issued nearly identical responses via email: “Given that litigation is pending, I must reserve any comment except to say that I respect the process and have full confidence in the university’s compliance with the applicable laws and policies,” Walter said via email. According to McDole, UPTE’s charges against the UC include “bad faith bargainN ICHOLAS CHA N / AGGI E F IL E

After UCOP denies right to academic freedom, UC librarians circulate petition Academic freedom gives librarians independence to curate materials, pursue research as seen fit BY E LIZ AB E T H ME R CADO campus@theaggie.org

UC librarians are advocating to extend the academic freedom of their positions in new labor contract negotiations with the University of California Office of the President (UCOP). Contract negotiations have been ongoing since April. On July 26, UC librarians discovered that the rights of academic freedom do not extend to their positions as they previously assumed it had. “It gives us the right as professionals and as members of the academic community, the same freedom as students and faculty, to pursue research — not guided by what an administrator tells us to do but by our own search for knowledge and our right to advise on how the libraries are run, the best way to handle collection, the best way to serve students and faculty,” said Adam Siegel, a humanities and social sciences librarian in the research support services de-

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ing” and “a violation of the terms for engaging in good faith.” Felix de la Torre, the general counsel for PERB, discussed the way in which complaints begin to make their way through the internal workings of PERB. De la Torre said that the complaint begins in his division the Office of General Counsel, which reviews and investigates charges. “If there are enough facts stated within the charge, which would eventually be proven true in a charge, we then issue a complaint,” de la Torre said. “This is what happened in this case: UPTE filed a charge and alleged a number of facts, and we took that and investigated it to see if there was enough allegations to support that there was a violation of state law by the Regents. The fact that we issued a complaint shows that our attorney who did the investigation found that the allegations were sufficient to state a violation.” According to de la Torre, after a complaint is filed a conference is mediated between the two parties involved by a separate attorney than the one who investigated the initial charges. “If the mediation is successful, those terms are implemented and the parties back away from this dispute,” de la Torre said. “If they don’t settle, we send it to the next division which is the division of administrative law. It has administrative law judges who function very similar to any judges in a court setting where they basically hold trials.” De la Torre described concessions the terminated counselors can expect to see if both the UC and UPTE cannot come to an agreement during the mediation phase and if the administrative law judge rules in favor LABOR LAWSUIT on 11 partment. Without academic freedom, Siegal added, “we can’t properly serve the academic mission of the university.” UC librarians are unionized under the University Council-American Federation of Teachers Unit 17 (UC-AFT). The bargaining team is composed of librarians across the UC, excluding UC Merced and UC San Francisco. The librarians’ previous five-year contract expired on Sep. 30 and negotiations will continue until a consensus is reached. According to the University of California Academic Personnel Manual, “the principles of academic freedom protect freedom of inquiry and research, freedom of teaching, and freedom of expression and publication. These freedoms enable the University to advance knowledge and to transmit it effectively to its students and to the public.” As the definition stands in the context of the classroom, academic freedom allows instructors to draft lessons and content to their liking and to the knowledge of their field of study without fear of retaliation by university administration. Academic freedom permits the pursuit of research as instructors see fit and shared governance in spaces that provide input in the running of the university. “The librarians decided that it was time to clarify all this and how all that applied to librarians explicitly,” said Dan Goldstein, a subject specialist librarian in the research support services department. The bargaining team presented a proposal of language to define academic freedom’s extension to UC librarians. “The University recognizes librarians as academic employees, and further recognizes that they possess specialized expertise ACADEMIC FREEDOM on 11

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November 8, 2018 by The California Aggie - Issuu