Fighting the Attack on GOOD JOBS: UPTE Fights Reclassification of Workers

Sometimes outsourcing is as simple as reclassifying workers to take them out of a bargaining unit.

"It's happening throughout the University of California," said Jelger Kalmijn, president of the University Professional and Technical Employees, CWA Local 9119. UPTE-CWA represents nearly 12,000 employees at university campuses, hospitals and research facilities across the state.

"Union projectionists become non-union assistant producer/directors. Union social workers become non-union case managers. Union staff research coordinators become non-union clinical research coordinators. Union computer resource specialists become non-union programmer analysts. In every case, these people are still doing the same work, but they've lost their representation and the protection of a union contract," Kalmijn said.

The local might have to go after them one title at a time, but is determined to bring all of this work back to CWA.

The local made a start by using a provision of the California labor law governing public employees. It permits the union to accrete, or take in, new job titles as long as it can show that the work is the same or similar to existing bargaining unit work and the number of workers in question does not exceed 10 percent of the existing unit.

In a test case, the local filed a unit modification petition with the state Public Employee Relations Board to bring back six telescope technicians at Lick Observatory near San Jose.

"They were senior telescope technicians," Kalmijn said. "UC made them principal telescope technicians. Previously, there was no one in that title, and it wasn't in our bargaining unit." The workers align and position the observatory's telescope so astronomers can study the stars and planets.

The local set up a meeting with a representative from the labor board and from the university and made its case that different title or no, these people still performed bargaining unit work.

"Not only did the university acquiesce," Kalmijn said, "but we were able to negotiate that they be included in contractual wage increases for the next two years."

Said Kris Miller, principal telescope technician and UPTE-CWA member, "We are delighted to be back on a step system of pay increases, and we know that UPTE will fight to protect our benefits and pensions."

UPTE-CWA estimates that about 1,000 workers university-wide have been pushed into new titles, just to take them out of the union.

"We intend to take the university on in every one of these cases and bring the work back under union contract.  We want to see that the workers receive the pay and pension protection they're entitled to, and we want them back as active, involved union members."

Robert Owen, Kevin Rooney, Kris Miller, Kostas Chloros, and John Morey, from left, returned to CWA membership when UPTE-CWA Local 9119 added their new job title. At right is local Pres. Jelger Kalmijn.