UC opposes academic researchers union, cites lack of ‘community of interest’

University of California academic researchers applied for union representation, but the UC is objecting to the proposed unionization.

United Auto Workers Local 5810, a union representing over 6,500 postdoctoral researchers at the UC, submitted a petition to California Public Employment Relations Board in September to add academic researchers to the union under a separate bargaining unit called Academic Researchers United.

ARU represents a broad group of researchers, including nontenured faculty members who run labs and scientists who have been phased out of their temporary postdoctoral appointments. UC academic researchers hold a variety of titles, including project scientist, specialist, professional researcher and coordinator of public programs.

The union’s petition was signed by a majority of the 5,000 academic researchers at the UC.

However, the UC filed objections against the formation of the bargaining unit in December, according to ARU’s website.

The Higher Education Employer-Employee Relations Act states that workers must have a “community of interest,” which consists of similar working conditions, skills and job duties in order to bargain together as a unit.

The University argues certain academic researcher job titles, including professional researcher and coordinator of public programs,” do not have a community of interest with other proposed units members” and should therefore be excluded from the proposed unit, according to documents the University sent PERB in February.

In a 1982 ruling, PERB found that the academic researcher job titles mentioned above constituted an appropriate unit.

The University, however, argues the positions mentioned in the ruling have changed and serve different purposes than they did at the time of the ruling. Moreover, the University said it did not object to the findings then, but is choosing to do so now given changes in the positions.

Claire Doan, director of media relations for the UC Office of the President, said the UC is in discussions with both PERB and the union regarding the addition of the new unit.

“Once all of the issues regarding unit composition have been resolved, contract negotiations between UC and the union will begin,” Doan said.

Neal Sweeney, vice president of UAW 5810, said he believes academic researchers meet the standard of “community of interest” because they perform similar work.

“Everyone works in labs doing research that’s part of the university’s research mission,” Sweeney said. “They all have the same policies that govern their employment, so in many different ways, they meet this standard of ‘community of interest.’”

Sweeney added he thinks the University does not have evidence supporting its claims and thinks the University is wasting public money on legal battles instead of spending it elsewhere.

“Nothing has changed about these titles that would cause PERB to have a different ruling, so to us there’s no basis,” Sweeney said. “The University is just needlessly stalling the process by raising these objections.”

Nancy Skinner, a Democratic state senator representing the East Bay district, said in a letter to UC President Janet Napolitano she believes the University is misusing UC and PERB resources by refusing to recognize the new unit.

“I urge UC to recognize the union and begin collective bargaining with ARU/UAW 5810 as this is a prime opportunity to demonstrate productive and cooperative labor relations practices,” Skinner said in the letter.

Sweeney said like many academic researchers, he was bumped out of his postdoctoral position after five years before transitioning into an academic researcher title.

“I was basically doing the exact same job, I just had a different job title, but I lost all the rights and benefits (UAW 5810) had won in our (postdoctoral) union contract,” he said.

Sweeney said the academic researcher position came with a decreased salary and higher health care payments. In addition, he said academic researchers lose the protection of job security and can be disciplined at any moment without a valid reason.

“Under the postdoc contract, we have what’s called ‘just cause’ protections which means if the university wants to terminate you or even discipline you in various ways, you have a chance to defend yourself,” he said. “Academic researchers have none of these (security measures), so there’s no protections for being terminated without any good reason.”

Christina Priest, an assistant project scientist at UCLA, said she also faced consequences after phasing out of her postdoctoral position.

“I thought it was unfair my benefits were taken away and I wasn’t paid as much despite having more experience,” Priest said.

Priest said UC academic researchers have formed their bargaining committee and are in the process of ratifying their bargaining demands. She said they wish to address issues including compensation, job security, support for international researchers, health benefits and parental leave.

“We want to bargain with the University all together so we have a voice,” Priest said. “As individuals, we don’t have the power, but together we do.”

PERB is continuing to work with the University and the union to find a solution.