BARGAINING 101

Frequently Asked Questions

Basic Terms

Unfair Labor Practice

If one side fails to bargain in good faith or breaks other rules of bargaining, an unfair labor practice (ULP) charge can be filed with the California Public Employment Relations Board (PERB). PERB will then investigate the charge and adjudicate whether an unfair labor practice was committed and what the remedy should be. This process often takes a long time, usually much longer than the timeline for the bargaining process. Unions have a right to strike over unfair labor practice charges in order to get them resolved. 

Closed Bargaining

In contract negotiations, each side may agree to limit the flow of information into and out of the bargaining room. Under closed bargaining, nobody but members of the bargaining teams can attend bargaining sessions, and negotiators are usually barred from sharing any specifics about what happens at the table.

Open Bargaining

Each side in a contract negotiation may agree to allow information to flow freely into and out of the bargaining room. Under open bargaining, all union members can attend bargaining sessions, and bargaining teams can communicate in detail about the process, including proposed contract language and their counterparts’ actions at the table. Our union has used open bargaining for over a decade.

Sidebar

A discussion that takes place between a smaller number of members from each bargaining team. The conversation takes place away from the bargaining table and is off-the-record. They are often used to clarify questions or share information.

Bargaining in Good Faith

Both sides must meet on a reasonable timeline and with the intent to reach agreement on terms and conditions of employment throughout the bargaining process. Bargaining in good faith does not require either side to accept a specific proposal or accept concessions.

Bargaining in Bad Faith

If one side bargains without the intent of trying to reach an agreement, they are bargaining in bad faith. Examples of bad faith bargaining include: failing to exchange proposals; failing to offer counter-proposals; canceling sessions without reason; delaying bargaining; failure to meet at an appropriate time/place; regressive or surface bargaining; or general conduct to frustrate the bargaining process.

Regressive Bargaining

A type of bad faith bargaining where one party moves backwards, offering less in a proposal than they previously offered. For example, if the UC offers a 5% raise, and, all things unchanged, comes back later and offers a 3% raise, that would constitute regressive bargaining.

Surface Bargaining

A type of bad faith bargaining where one side meets at the bargaining table but only goes through the motions of bargaining, refusing to make substantive progress.

Concessions

A concession is when one side agrees to terms which give up rights or benefits that exist in the current contract. In the 1980s, when faced with plant closures, many manufacturing unions conceded guaranteed salary increases or job security measures that they had had enjoyed for decades. 

Tentative Agreement

A tentative agreement, or “TA” (not Teaching Assistant!), is a proposal that both sides have signed off on and will appear in the final agreement. Once something is “TA’d”, it will remain “off the table” and neither side can make changes. When a final agreement is reached, the entire agreement is “TA’d” and sent to the membership for ratification. 

Initial Bargaining Demands

Following the bargaining survey and bargaining convention, the UAW 4811 Bargaining Team will send a list of initial bargaining demands to the membership for a ratification vote. These initial demands are not full-fledged proposals, but statements about what we’d like to achieve in bargaining. 

Collective Bargaining Agreement

The collective bargaining agreement is the contract we sign with the UC which determines our wages, benefits, and other terms and conditions of employment. After bargaining is concluded and an agreement is ratified, we’ll have a new collective bargaining agreement. 

Caucus

During bargaining, either side can call a caucus, which is a private meeting with their side only to regroup and discuss strategy. 

Sunshining

Labor law in California requires that employers and unions share initial positions in a publicly-held meeting, often called a “sunshine” meeting. After our union ratifies initial bargaining demands at the end of 2024, we will “sunshine” those demands to the public. 

HEERA

The Higher Education Employer-Employee Relations Act, or HEERA, is the law governing collective bargaining at higher education institutions in California. It lays out the rules of bargaining and the rights afforded to employees and employers by law. 

PERB

The Public Employment Relations Board, or PERB, is the state government agency in charge of adjudicating labor disputes between unions and employers. PERB is where unfair labor practice charges are filed, investigated, and adjudicated.