UC Management Update: CNA Bargaining
October 23, 2007
Q: What does an “impasse” in bargaining mean?
A: An “impasse” during collective bargaining occurs when no agreement has been reached and there can be no more movement without the help of an independent third party.
Q: What happens when an impasse has been declared?
A: After the parties declare an impasse, the California Public Employees Relations Board (PERB) will review the situation and decide if it agrees that an impasse has been reached. If PERB finds an impasse has occurred, it will appoint a mediator who will work with the parties to try to reach an agreement.
Q: What happens if mediation doesn’t result in an agreement?
A: If, after at least 15 days of mediation (but generally longer) there still is no agreement, the mediator may declare further mediation futile. PERB will appoint (or the parties may agree on) a person to chair a three-person factfinding panel to which each party will present its side of the issues during a hearing. The panel may help the parties reach settlement at any time. However, if settlement is not reached, the panel or chair will make findings of fact and recommend terms of settlement. The recommendations are advisory only, and are submitted in writing to the parties privately before they are made public. The panel may make those findings and recommendations public after 10 days. During this 10-day period, the parties are prohibited from making the panel’s findings and recommendations public.
Q: What happens if factfinding doesn’t result in an agreement?
A: If, at the conclusion of factfinding, the parties cannot reach agreement after considering the factfinder’s recommendations, the employer may implement a contract unilaterally. If the union still disagrees with the employer’s position, it may choose to strike in furtherance of its demands and to continue negotiations.
Q: What’s next for UC and CNA now that impasse has been declared?
A: UC and CNA have agreed to a declaration of impasse. PERB will evaluate the negotiations to date and, if the Board finds that negotiations are indeed at impasse, it will refer our case to the State Mediation and Conciliation Service that will assign a third-party mediator to join our discussions.
Q: How much longer can this go on?
A: While there is no set timeline for mediation and factfinding, this part of the negotiation process generally takes a few months.
Q: How does this affect wage increases for nurses?
A: UC cannot increase salaries or make other changes to the contract without an agreement with CNA or until after impasse procedures are complete. Until then, wages, benefits and other terms of employment will remain the same as they were under the prior contract that expired September 30, 2007.
Q: Why is this happening? Why isn’t there an agreement after meeting for so many months?
A: As the bargaining record shows, UC has been working very hard from the beginning to reach a fair agreement, and UC remains committed to providing our nurses with a comprehensive new contract as soon as possible. However, an agreement requires good faith proposals and compromise from both sides. Since bargaining began April, UC has made proposals to CNA on all key articles of the contract, including offers for market competitive salary increases and the same high quality and affordable health benefits packages available to all other UC employees. Regrettably, CNA did not accept these offers and, during final bargaining sessions, did not provide an acceptable counter to our final offer.
Q: Does this mean nurses are going to go on strike soon?
A: UC nurses are professionals and their first concern is for patients. Under state law, any union that calls for a strike (or other work stoppage) before the entire bargaining process has been completed, including impasse procedures and factfinding, is presumed to have committed an unfair labor practice and violated the law.
Q: CNA has announced that it is calling for strike authorization votes – what does this mean?
A: Unions conduct strike authorization votes to determine if its members support a strike. It can also be an attempt to pressure an employer into making concessions the union wants. As has been reported in the news recently, CNA has called strikes at several non-UC hospitals in California. In 2005, CNA attempted to strike against UC before the bargaining process was completed but was legally barred by court order from doing so, and PERB also issued a complaint against CNA. A final ruling on this matter is expected soon.