By Michael Angell and John
Digrado
Daily Bruin Senior Staff
Threatening to walk off their jobs should the university refuse
to recognize their union, the Student Association of Graduate
Employees (SAGE/UAW) presented the chancellor with a letter
formally accepting a ruling which may give SAGE the upper hand in
their negotiations with the university.
Earlier this month, Public Employment Relations Board (PERB)
Judge James Tamm issued a 129-page ruling stating that the
university must either voluntarily recognize the union or hold an
election asking teaching assistants, readers and tutors if they
want the union to negotiate employment terms on their behalf.
Tamm’s ruling specifically denied research assistants collective
bargaining rights under the Higher Education Employer-Employee
Relations Act (HEERA), but SAGE considers the decision as a
critical step in their fight to be recognized by the
university.
"The recent decision of Judge Tamm of the Public Employee
Relations Board gives UCLA administration and SAGE/UAW yet another
opportunity to resolve their differences mutually," the letter
states, giving Young one month to decide whether or not to accept
the decision.
But administrators have already made up their minds about the
union regardless of the decision. "We continue to pursue exercising
a right of exception to the PERB board," said Robin Fisher, dean of
the graduate division. "We do not choose to recognize SAGE."
In the letter, SAGE did concede on the recognition of graduate
student research assistants, who Tamm ruled were ineligible for
unionization. The letter states that the union will be satisfied
with the decision as it stands.
According to the letter, "While we differ with some of his
conclusions with respect to (Graduate Student Researchers), we
accept his decision as a valid interpretation of the current
law."
Whether or not Chancellor Young has seen the letter remains a
mystery. No one in Murphy Hall could say if Young had actually read
it, but according to Fisher, Young will not change the opinion that
he has held since 1994 on SAGE.
"I do know that Chancellor Young has been asked about his
decision on SAGE but he has not changed his mind," she said.
Miller said that research assistants were informed about SAGE’s
decision to accept Tamm’s ruling as it stands. But SAGE has not
completely given up the cause on research assistants.
"(Tamm’s decision is) a valid interpretation of the law, but
that does not mean research assistants still don’t need union
representation and that does not mean we’re not exploring other
options to get recognition for research assistants," Miller
said.
UCLA has twenty days from the Sept. 20 decision to appeal. After
that, Fisher expects the Public Employee Relations Board to issue a
ruling in 60 to 90 days.
Previous appeals have gone in favor of the Uiversity of
California. UC Berkeley appealed a decision which allowed TAs to
form a union, and after reviewing the university’s case, the board
only allowed tutors and readers to do so.
Fisher attributes such reversals to the different backgrounds of
administrative law judges and board members. Administrative law
judges are usually former labor attorneys who naturally favor
collective bargaining. But PERB members are business and
administrators.
"My expectation is that PERB will stand by its previous rulings
in regard to (the Berkeley graduate employee union) and eliminate
graduate student instructor titles," Fisher said. "What they may
finally do about readers and tutors, I don’t know."
SAGE representatives, however, have threatened to strike once
again if the university refuses to recognize the union even in
light of Tamm’s decision.
"We are willing to meet and resolve this matter," the letter
states. "If, however, you do not agree to implement Judge Tamm’s
ruling by October 28, we will continue with our plans to
strike."