Academic Student Employee Contract

Article 1 – Recognition

A. Certifications

The University hereby recognizes the International Union, United Automobile, Aerospace and Agricultural Implement Workers of America (UAW), AFL-CIO and its Local Union 2865 as the exclusive representative for matters within the scope of representation for all employees within the Academic Student Employee Unit as certified by the Public Employment Relations Board (PERB) in petition number(s) SF-R-694-H and SF-R-830-H (Berkeley), SF-R-806-H (Davis), SF-R-834-H (Irvine), SF-R-813-H (Los Angeles), SF-R-831H (Riverside), SF-R-828-H and SF-R-805-H (San Diego), SF-R-815-H (Santa Barbara), SFR-829-H and SF-UM-741-H (Santa Cruz), and SF-UM-629-H (Merced), SF-UM-871-H (San Francisco) including the following titles:

B. Bargaining Unit Job Titles

1. Teaching Assistant
   1. 2310 – Teaching Assistant-GSHIP
   2. 2311 - Teaching Assistant-Non-GSHIP
   3. 2320 – Teaching Assistant-1/10-GSHIP
   4. 2321 - Teaching Assistant-1/10-Non-GSHIP
2. Associate Instructor
   • 1501 Associate Instructor-AY-GSHIP
   • 1502 - Associate Instructor-AY-Non-GSHIP
   • 1506 - Associate Instructor-AY-1/9-GSHIP
   • 1507 - Associate Instructor-AY-1/9-Non-GSHIP
   • 1508 - Associate Instructor-AY-1/10-GSHIP
   • 1509 - Associate Instructor-AY-1/10-GSHIP
   • 1511 - Associate Instructor-FY-GSHIP
   • 1512 - Associate Instructor-FY-Non-GSHIP
3. Teaching Fellow
   • 2300 - Teaching Fellow-GSHIP
   • 2301 - Teaching Fellow-Non-GSHIP
4. Tutor
   • 2510 - Tutor-Non-Student
   • 2860 - Tutor-GSHIP
   • 2861 - Tutor-Non-GSHIP
5. Remedial Tutor
   • 2280 - Remedial Tutor I-Non-GSHIP
   • 2288 - Remedial Tutor I-GSHIP
   • 2289 - Remedial Tutor II-GSHIP
   • 2290 - Remedial Tutor II-Non-GSHIP
6. Reader
   • 2500 - Reader-Non-Student
   • 2850 - Reader-GSHIP
   • 2851 - Reader-Non-GSHIP
7. Special Reader
   • 2852 - Special Reader-UCLA-GSHIP
   • 2853 - Special Reader-UCLA-Non-GSHIP

C.

The recognized unit may be modified by agreement of the parties pursuant to the rule and regulations of the Public Employment Relations Board.

Article 2 – Appointments

A. GENERAL PROVISIONS

1. An Academic Student Employee (ASE) appointment is established only by the issuance of a Written Notice of Appointment as provided in this Article.
2. A Written Notice of Appointment is an official document which meets the requirements of Sections B and C below. [References in this Article and throughout the Agreement to “appointment notification” “written notification of appointment” will be changed to Written Notice of Appointment.]
3. These requirements include satisfying work eligibility requirements for U.S. citizens and non-citizens, where applicable, and the timely submission of all documents required by the University to process a request for work authorization.

B. TEACHING ASSISTANT, ASSOCIATE INSTRUCTOR, SPECIAL READER AND TEACHING FELLOW

1. TIMING OF WRITTEN NOTICE OF APPOINTMENT

1. The University shall issue written notices of appointment in the Spring quarter/semester or as soon as practicable after hiring decisions are made, the University shall provide a written notice of appointment by e-mail or other electronic system to individuals offered an ASE appointment. No later than April 1 of each year, the University shall send notice to hiring departments reminding them of their obligations under this paragraph.
2. The University recognizes year-long appointments provide job security for academic student employees. When practicable, the University shall offer year-long appointments; however, nothing in this article obligates the University to do so when not practicable.
3. Should positions become available after the commencement of the academic year, written notices of appointment shall be issued no less than thirty (30) calendar days before the start of the appointment.
4. In cases in which positions become available less than thirty (30) calendar days before the commencement of an academic term, notification will be made as soon as possible.

2. FORM AND CONTENT

Written notices of appointment shall be sent by email or other electronic systems and will include the following:

1. the applicable appointment title,
2. appointment percentage (or range of hours),
3. effective dates,
4. salary/wages,
5. tuition, fee, and health benefit remissions, if applicable,
6. health and other applicable benefits or deductions,
7. hiring unit,
8. hiring unit contact,
9. response requirements,
10. a statement that the position is covered by the collective bargaining agreement between the parties,
11. a statement that an ASE who anticipates a need for access to all-gender restrooms and/or lactation support, should refer to Article 21 of the BX agreement for the applicable process,
12. the following statement on reasonable accommodation: “Academic Student Employees who are disabled or become disabled should notify their supervisor or department to request reasonable accommodations, in advance of their start date or any time during their appointment, in accordance with Article 24-Reasonable Accommodation."
13. a reference to Article 4 -Childcare and a link to childcare reimbursement information and eligibility,
14. the time and place of any applicable new ASE orientations,
15. a statement that the name and department address of all ASEs are released to the UAW each term (quarter/semester),
16. a direct link to the UAW website containing the Membership Election Form,
17. a statement that the ASE may contact the UAW for assistance, and,
18. a statement that when an ASE has any concerns regarding the assigned workload in the ASE's appointment, the ASE shall immediately communicate to the supervisor as required by Article 34 – Workload.

3. SUPPLEMENTAL DOCUMENTATION

a. TIMING

1. At least thirty (30) calendar days prior to the beginning of the term, the University will provide to Teaching Assistants, Associates In, Special Readers and Teaching Fellows supplemental documentation in accordance with Article 2, Section B.3.b.
2. When a position becomes available more than thirty (30) calendar days in advance of the assignment, the ASE will receive supplemental documentation (Appendix C and other relevant documents) no less than thirty (30) calendar days before the start of the assignment.
3. In cases in which positions become available less than thirty (30) calendar days before the commencement of an academic term, notification will be made as soon as possible.

b. FORM AND CONTENT OF SUPPLEMENTAL DOCUMENTATION

1. Supplemental documentation shall set forth the following:
   1. a description of required duties (Appendix C and other relevant documents);
   2. faculty member or supervisor to whom the individual will report;
   3. the location where the work will be performed if known;
   4. the class assigned if applicable;
   5. departmental policy on class, section and/or lab size where it exists; and
   6. it may include estimated time for effective completion of each duty.
2. The University shall provide advance notice when the above referenced duties are changed significantly. Such changes will be confirmed in writing.

C. READER, REMEDIAL TUTOR AND TUTOR

1. TIMING OF WRITTEN NOTICE OF APPOINTMENT

1. When a position becomes available more than thirty (30) calendar days in advance of the assignment, the ASE will receive written notification of the appointment (email or other electronic systems) no less than thirty (30) calendar days before the start of the assignment.
2. In cases in which a position becomes available less than thirty (30) calendar days before the commencement of an academic term, notification will be made as soon as possible.

2. FORM AND CONTENT

Written notices of appointment shall be sent by email or other electronic systems and will include the following:

1. the applicable appointment title,
2. appointment percentage (or range of hours),
3. effective dates,
4. salary/wages,
5. health and other applicable benefits or deductions,
6. tuition, fee, and health benefit remissions, if applicable,
7. hiring unit,
8. hiring unit contact,
9. response requirements,
10. a statement that the position is covered by the collective bargaining agreement between the parties,
11. A statement that an ASE who anticipates a need for access to all-gender restrooms and/or lactation support, should refer to Article 21 of the BX agreement for the applicable process,
12. the following statement on reasonable accommodation: “Academic Student Employees who are disabled or become disabled should notify their supervisor or department to request reasonable accommodations, in advance of their start date or any time during their appointment, in accordance with Article 24 - Reasonable Accommodation."
13. a reference to Article 4 -Childcare and a link to childcare reimbursement information and eligibility,
14. the time and place of any applicable new ASE orientations,
15. a direct link to the UAW website containing the Membership Election Form,
16. a statement that the ASE may contact the UAW for assistance,
17. the faculty member or supervisor to whom the individual will report if known,
18. the location where the work will be performed if known,
19. the class assigned if applicable,
20. the departmental reader/tutor pay formula,
21. description of required duties (Appendix C and other relevant documents),
22. a statement that the name and department address of all ASEs are released to the UAW each term (quarter/semester),
23. it may include estimated time for effective completion of each duty.
24. A statement that when an ASE has any concerns regarding the assigned workload in the ASE's appointment, the ASE shall immediately communicate to the supervisor as required by Article 34 – Workload.

b. The University shall provide advance notice when the above referenced duties are changed significantly. Such changes will be confirmed in writing.

D. ADDITIONAL INFORMATION FOR WRITTEN NOTICES OF APPOINTMENT

1. Campuses may provide additional information in appointment letters.
2. A sample appointment letter is appended to this Agreement as Appendix E.

E. FAILURE TO RESPOND

The University may consider an individual who fails to respond, as required in the notice, to have rejected the appointment.

Article 3 – Appointment Security

ASEs' appointment will be specified in the Written Notice of Appointment.

A.

If an individual receives and accepts appointments to (an) ASE position(s) for one or more term (i.e., quarter or semester) in an academic year, and the position offered and accepted is no longer available, the University will ensure that the individual:

1. is placed in an appointment at the classification and equivalent compensation level offered and accepted; or,
2. receives equivalent compensation in lieu of the position for the term at the level offered.

B.

Failure to accept an offer in its entirety, and subject to all conditions, nullifies the offer in its entirety. However, after accepting an offer a Teaching Assistant, Acting Instructor-Graduate Student, Special Reader, Teaching Fellow or Associate In may turn down one or more terms of employment without forfeiting the provisions in this article for the following reasons: the employee's serious health condition as defined by the Family and Medical Leave Act (FMLA), to accept a extramural fellowship, or another reason granted by the University.

C.

An individual who has accepted (an) ASE position(s) for one or more terms who becomes academically ineligible may be removed without pay from or returned to said appointment as set forth below.

1. Within the first five (5) weeks of an academic term, the University may, at its sole discretion, remove an ASE who has become academically ineligible.
2. When an ASE has regained academic eligibility, the University will determine in its sole discretion whether or not to reinstate the ASE. Said reinstatement, if any, will be at the level of employment held prior to removal.

Article 4 – Childcare

A. PARTICIPATION IN CAMPUS CHILDCARE PROGRAMS

ASEs shall be eligible to participate in a campus childcare program, if any, including subsidies and other financial assistance, in accordance with the provisions of each location's childcare program. Each location shall post information regarding its childcare program on the web.

B. SYSTEM-WIDE CHILDCARE REIMBURSEMENT PROGRAM

1. Academic Year

1. Effective at the commencement of the first term following ratification of the contract, each eligible ASE shall receive up to $1350 per quarter or $2025 per semester for expenses incurred during the ASE's appointment period in the regular academic year.
2. Effective October 1, 2023, each eligible ASE shall receive up to $1375 per quarter or $2062.50 per semester for expenses incurred during the ASE's appointment period in the regular academic year.
3. Effective October 1, 2024, each eligible ASE shall receive up to $1400 per quarter or $2100 per semester for expenses incurred during the ASE's appointment period in the regular academic year.
4. An eligible ASE is a registered student with at least a 25% ASE appointment who has (a) qualified dependent(s). For the purposes of this program, qualified dependents shall include children, in the custody of the ASE, who are age 12 or under on July 1st.
5. The University shall post the system wide childcare enrollment form on-line.
6. The campus childcare program will define reimbursable expenses and related procedures, (moved)

2. Summer Session

1. For Summer Session 2023, each eligible ASE shall receive up to a total of $1350 for Summer Session(s) for the expenses incurred during the ASE's summer appointment(s).
2. For Summer Session 2024, each eligible ASE shall receive up to a total of $1375 for Summer Session(s) for the expenses incurred during the ASE's summer appointment(s).
3. An eligible ASE is a registered student during the academic year terms preceding and succeeding the Summer Session for which the reimbursement is requested, has at least a 25% ASE appointment for the term of the appointment(s), and has (a) qualified dependent(s). For the purposes of this program, qualified dependents shall include children, in the custody of the ASE, who are age 12 or under on July 1st.
4. The University shall post the system wide childcare enrollment form on-line.
5. The program will define reimbursable expenses and related procedures. (moved)

C. DEPCARE PARTICIPATION

All ASEs shall be entitled to participate in the UC Dependent Care Reimbursement program. The terms of this plan shall be determined by UC in accordance with Internal Revenue Service regulations.

Article 5 – Classifications

A.

In accordance with Article 1 – Recognition, each campus may appoint academic student employees into appropriate bargaining unit titles.

B.

Campuses may maintain their current use of ASE titles as well as the campus descriptions of each title, if applicable.

Article 6 – Defined Contribution and University Retirement Plans(s)

A.

ASEs shall continue to be eligible for DCP and UC retirement plan(s) coverage in accordance with the UC plan requirements.

B.

Eligible ASEs participate in DCP and other retirement system plans to the same extent as other eligible non-represented academic employees.

C.

UCRP employee contributions will apply to eligible ASEs in the same manner as they apply to other represented academic employees at the same campus.

D.

ASEs shall be responsible for all fees associated with the administration of the University Retirement Savings Program in the same manner as they apply to other represented academic employees at the same campus. Should the University change the methodology by which the fees are imposed, the University shall provide a thirty (30) day notice and engage in a meet and confer process over the effect of the change in methodology.

Article 7– Definitions

A.

An "Academic Student Employee" (ASE) is an individual employed in a bargaining unit title. Bargaining unit titles are listed in Article 1, Recognition.

B.

Sole discretion” means the non-grievable, non-arbitrable authority of the University of California.

Article 8 – Discipline and Dismissal

A. GENERAL PROVISIONS

1. The University may discipline or dismiss an ASE for just cause.
2. Definitions
   1. “Discipline” includes: a written warning, suspension without pay, or dismissal.
      1. A "written warning" is a communication that informs the ASE of the nature of the misconduct or deficiency, the method of correction, and the probable consequence of continued misconduct or deficiency. A written warning is to be distinguished from an informal spoken warning.
      2. A “suspension without pay” is removal from appointment responsibilities without pay for a stated period of time. Unless otherwise noted, the terms of a suspension will include loss of normal employee privileges.
      3. "Dismissal" is the termination of an appointment initiated by the University prior to the ending date of appointment.
   2. Counseling memoranda and/or written records of discussion, in and of themselves, are not discipline nor are they grievable.
3. An individual who is no longer employed in the bargaining unit may file a grievance pursuant to Article 12, Grievance and Arbitration, concerning the placement of a written warning placed in the ASE's employment file pursuant to this article within 30 days from the date the ASE knew or should have known that a written warning was placed in their employment file.

B. WRITTEN NOTICE OF INTENT

1. The University shall provide written notice of intent, as described in Section B.2 for the following actions: suspension without pay or dismissal.
2. Issuance and Content
   1. Issuance
      1. Written notice of intent shall be given to the affected ASE in the unit, either by delivery of the notice to the ASE in person, or official University e-mail address, or by placing the notice of intent in the United States Mail, first-class, postage-paid, in an envelope addressed to the ASE at the last known home address of the ASE, with a copy by campus mail to the campus office address of the ASE. If notice is delivered via US Mail or campus mail, a digital notice shall be sent to the ASE's official University email address, if available. It shall be the responsibility of the ASE to inform the designated University office in writing of their current home address and of any change in such address, and the information so provided shall constitute “the ASE's last known home address."
      2. Whether delivery is made in person, by email, or by mail, the notice of intent shall contain a statement of delivery or mailing indicating the date on which the notice of intent was personally delivered or deposited in the United States Mail. Such date of delivery or mailing shall be presumed to be the date of issuance of the notice of intent.
      3. A copy of the notice of intent shall be sent to the UAW. Home address of the ASE will be redacted if the ASE has requested that such information not be released.
   2. Content

      The notice of intent shall:

      1. inform the ASE of the disciplinary or dismissal action proposed, the reason for the proposed action including applicable documentation and the effective date(s) of the action;
      2. inform the ASE of the right to respond and to whom to respond within the applicable time limit in accordance with Section C; and
      3. inform the ASE of the right to representation by a representative of their choice.

C. RESPONSE TO WRITTEN NOTICE OF INTENT

The ASE or the ASE's representative shall be entitled to respond, orally or in writing, to the notice of intent described above. Such response must be received within ten (10) calendar days from the date of the issuance of such notice of intent. The University shall review any timely responses received.

D. WRITTEN NOTICE OF ACTION

1. After review of a timely response, if any, the University shall notify the ASE of any action to be taken and its effective date, as well as the rights set out under Article 12, Grievance and Arbitration. The Notice of Action, if any, shall be issued within twenty-one (21) days from the ASE's timely response to the written notice, when practicable.
2. Such action may not include discipline more severe than that included in the written notice of intent; however, the University may reduce such discipline without the issuance of a further written notice of intent.
3. A copy of the notice shall be sent to the UAW via e-mail or US Postal Service. Home address of the ASE will be redacted if the ASE has requested that such information not be released.

E. INVESTIGATORY LEAVE

1. The University may place an ASE on investigatory leave with full pay without prior notice, in order to review or investigate allegations of misconduct or dereliction of duty which, in the judgment of the University, warrant immediately relieving the ASE from all work duties and/or require removing the ASE from the premises.
2. Investigatory leave shall not be considered a form of discipline.
3. The University will immediately provide the ASE and the ASE's representative with written confirmation of the terms and reasons for the investigatory leave.

Article 9–Emergency Layoffs

A.

An emergency layoff is the suspension of an appointment to which an ASE has been assigned or is working, due to acts of nature or forces outside of the University's control to which the University must immediately respond.

B.

The parties agree that the University may, but shall not be required, to pay ASEs during periods of emergency layoff.

Article 10 – Employment Files(s) and Evaluation

A. EMPLOYMENT FILES

"Employment file” shall be defined as information (including reports, documents, correspondence and other materials in their entirety or redacted portions) pertaining to an ASE's employment in the bargaining unit. Materials related exclusively to ASE coursework shall not be considered part of the employment file.

1. The University shall designate the location where ASEs or their designated representatives may obtain access to the ASE's employment file(s).
2. ASEs will be notified that employment files are established and maintained for ASES and new material may be added periodically during the term of their employment. The University shall notify the ASE in writing (via letter or email) of the new material as soon as practicable, but no later than thirty (30) days following the end of the term.
3. Additionally, an ASE may make a request to their supervisor to add information related to their ASE performance to their employment file. Such requests shall be made no later than thirty (30) calendar days following the conclusion of each term.
4. An ASE may authorize representatives to review their employment file(s). The authorization shall be valid for the period designated by the individual or, if no time period is designated, for up to one calendar year from the date of authorization. The designee shall have access to all employment information in the file(s).
5. The University shall provide an ASE or their representatives access to or a copy of the ASE's employment file(s) as soon as practicable, but no later than thirty (30) calendar days, following the University's receipt of a written request. One copy of employment file(s) material shall be free; subsequent copies shall be ten (10) cents per page.
6. If an ASE disagrees with evaluative material in their file(s), they may append material to the file(s). If an individual is no longer employed when the evaluative material is placed into the file, the ASE has 30 days from the date the ASE reviewed their file(s) or knew or reasonably should have known that it was placed into the file to append material to the file.
7. If an employment file contains factual non-evaluative information that is incorrect the ASE may request correction of the file(s) within 30 calendar days of discovery. If an ASE is no longer employed when the factual non-evaluative information is placed into the file, they have 30 days from the date the ASE reviewed their file(s) or knew or reasonably should have known that it was placed into the file to request correction.
8. Records involving the processing of a grievance, such as grievance/appeals, UC grievance responses, and settlement documents shall not be placed in the ASE's employment file(s).

B. EMPLOYMENT EVALUATIONS

1. "Employment evaluation” is the faculty member or supervisor's written assessment(s) of an ASE's employment performance, excluding evaluations of courses.
2. The employing department or hiring unit shall communicate evaluation criteria and procedures for written employment evaluations, if any, to employees and the UAW any time upon request.

Article 11 – Fee Remission

A. ELIGIBILITY

An ASE who is a registered graduate student with (an) ASE appointment(s) or other eligible academic appointment(s) totaling 25% or more of full-time for a given term is eligible to participate in the University's Partial Fee Remission Program for Tuition and the Student Services Fee and remission of Nonresident Supplemental Tuition (“NRST") as provided in this Article.

An ASE who is a registered undergraduate student appointed in Teaching Assistant title codes TC 2310 or TC 2311 with an appointment totaling 25% or more of fill time for a given term is eligible to participate in the University's Partial Fee Remission Program for Tuition and the Student Services Fee. An ASE is eligible to receive only one Partial Fee Remission per term.

B. PARTIAL FEE REMISSION

For those ASEs eligible for a Partial Fee Remission, the University will provide:

1. a Partial Fee Remission of 100% of Tuition and the Student Services Fee;
2. a Partial Fee Remission to partially cover 100% of campus fees, not to exceed the maximum campus fees for each campus. This provision shall be effective for academic year 2023-2024,

C. FEE EQUIVALENCY FOR ASES ENROLLED IN SELF SUPPORTING PROGRAMS

An ASE who is a registered graduate student with (an) ASE appointment(s) totaling 25% or more, who is enrolled in a self-supporting graduate degree program and is employed by either a UC self-supporting program or a UC state-supported graduate program, shall be eligible to receive a partial fee remission equivalent in dollar amount to what an eligible ASE enrolled in a UC state- supported program would receive for tuition and student services fee, as a result of the qualifying appointment. In no case will that remission exceed the total charges paid by the ASE to the self-supporting program. Self-supporting graduate degree programs that are subject to this provision are only those programs which have an approved self-supporting fee or charge approved in writing by the UC President.

D. CURRENT PRACTICE FOR NRST

Pursuant to University policy, the annual NRST charge for graduate doctoral students who have advanced to candidacy is reduced by 100%. A graduate doctoral student may receive the reduced NRST rate for a maximum of three (3) years. Any such student who continues to be enrolled or who re-enrolls after receiving the reduced charge for three years will be charged the full NRST rate that is in effect at the time.

Article 12 – Grievance and Arbitration

A. GENERAL PROVISIONS

1. A grievance is a claim by an individual ASE, a group of ASEs, or the UAW, that the University has violated a specific provision of this agreement during the term of this agreement. A grievant may be represented at all stages of the grievance and arbitration procedures.
2. Only the UAW has standing to file a grievance on the following:
   1. A campus' failure to establish a campus-wide website that lists the ASE positions anticipated by the date agreed to in Article 23, Posting.
   2. A campus' failure to provide ASE lists in accordance with Article 30, Union Access and Rights, and Article 31, Union Security.
   3. "Locking out” employees in accordance with Article 20 – No Strikes.
   4. Failure to provide the necessary information to the UAW as set forth in Article 31, Union Security.
3. A grievant shall have the right to be represented at all steps of the Grievance Procedure by the UAW, another representative, be self-represented or by any person of their choice other than a University employee who has been designated as supervisorial, managerial or confidential within the meaning of the Higher Education Employee-Employer Relations Act (HEERA). The grievant shall provide the University written notice of the name and contact information of their representative, if applicable. The grievant's representative may be assisted in grievance meetings by one other representative and/or, if applicable, a union representative.

B. FILING GRIEVANCES

1. All grievances must be filed with the campus labor relations office at the campus that employs the grievant and within the time frames specified in this Article. Grievances must be filed on the form agreed to by the parties in Appendix A.
2. The grievance form must be signed and dated by the employee(s) or the employee's representative upon submission to the University. Union grievances must be signed by UAW's representative.
3. Proper Filings – Initial Grievances, Responses and Appeals Grievances, responses and appeals must be filed via email at the campus labor relations office in accordance with the procedures and timelines below:
   1. Electronic – the date of filing shall be the date received as indicated on the University's email server. The grievance initiation/appeal form must be in a PDF format attachment.
   2. All subsequent University responses shall be sent via email to contractenforcement@uaw2865.org and the email address designated by the Grievant/Representative on the grievance form as provided in Appendix A.
   3. If a filing is received after 5 pm, the first following business day will be deemed the filing date.
   4. Deadlines that fall on a day that is not a regular business day will automatically be extended to the next regular business day.
   5. The grievance shall be filed on the form as provided in Appendix A. A grievance may be considered ineligible for processing unless it contains the following:
      1. A specific description of the dispute;
      2. The facts giving rise to the dispute;
      3. A listing of the article and section violated;
      4. A statement as to how the article and section were violated;
      5. The date(s) of the violation;
      6. Requested remedy or remedies.
   6. Receipt of the grievance shall be acknowledged in writing by the University as soon as practicable following receipt, and shall be sent to the address or email listed on the grievance form.
   7. The timelines and meetings for the processing of grievances shall be in accordance with the steps addressed below:

C. GRIEVANCE STEPS

1. Step 1 (Optional) Informal Resolution

The grievant may discuss the grievance with their immediate supervisor in a timely manner. Informal resolutions, although final shall not be precedential nor inconsistent with this agreement.

1. If the grievance is not resolved through informal discussion, the grievant may seek review as set forth below.
2. Attempts at informal resolution (including grievances that alleged violation of harassment or discrimination) do not extend the thirty (30) calendar day time limit to file at Step 2.

2. Step 2

A grievant may file a written grievance as set forth below.

1. A written grievance must be filed with the campus labor relations office using the grievance form agreed to by the parties (Appendix A). The grievance must be filed no later than thirty (30) calendar days from the following instances, whichever occurs first: a) the date of the event/action which gave rise to the grievance, or b) the date on which either the grievant or the representative knew or reasonably should have known of the alleged violation of the Agreement.
2. If the UAW requested a meeting on the grievance form, or if the University requests a meeting, the campus labor relations office shall convene a meeting with the grievant(s) and the grievant's representative, if any, to attempt to resolve the grievance. The meeting shall be convened no later than fifteen (15) calendar days following receipt of the Step 2 grievance filing. During the Step 2 meeting, the parties shall discuss information and contentions relative to the grievance.

3. Step 3 - Review (Office of the President)

1. If the grievance has not been resolved at Step 2, the grievant and/or the grievant's representative may file an appeal in writing to the Office of the President. Such appeal must be received by the Office of the President no later than fifteen (15) calendar days after the issuance of the University's Step 2 response, or the date on which the Step 2 response would have been due.
2. An appeal to Step 3 shall be accomplished as follows:
   1. Email to AppealAGrievance@ucop.edu.
      1. Email submissions must include PDFs of all documents, information and signatures necessary to be in compliance with the Grievance Procedure provisions of this Agreement.
      2. The date of filing for emailed Appeals to Step 3 shall be the date received on the University server, provided that the appeal is received during business hours. If a Step 3 appeal is received outside of normal business hours, the first following business day will be deemed the filing date of the Appeal to Step 3.
      3. The University shall acknowledge the Union's Appeal to Step 3 through a computer-generated, automatic email response. If the Union does not receive a confirmation email within 30 minutes of the time of submission, the date of filing shall be the sent time and date.
   2. The subject of the grievance as stated in Step 2 shall constitute the sole and entire subject matter of the appeal to Step 3.
   3. The University must assert any and all known arbitrability issues no later than the date the Step 3 Decision is issued.
   4. The UCOP official or the UCOP official's designee shall issue the University's Step 3 decision within thirty (30) calendar days of the receipt of the appeal. Proof of Service shall accompany the written decision. The Step 3 decision shall be served upon the grievant and/or the grievant's representative.
   5. The UCOP official or the UCOP official's designee shall have the authority to settle grievances appealed to Step 3.

D.

A written decision shall be issued within fifteen (15) calendar days following the Step 2 meeting, or receipt of the Step 2 grievance filing if it is agreed that no meeting will be held. If the University does not respond within the time limit, the procedures below will apply.

E.

Attendance at the Step meetings held pursuant to Section C. are limited to the grievant, the grievant's representative, if any, and one other individual from UAW. Advanced requests for additional attendees to present directly relevant information pertaining to the grievance shall not be unreasonably denied.

F.

In the event the union alleges a contract violation as a direct result of Office of the President action, the grievance shall be filed directly at the Office of the President within thirty (30) calendar days from the following instances, whichever occurs first: a) the date the event /action which gave rise to the grievance occurred, or b) the date on which either the grievant or their representative knew or should have known of the alleged violation of the Agreement. At the time of filing, the UAW must provide specific evidence that the violation is occurring on multiple campuses.

G.

Failure by the UAW to comply with the time limits set forth herein shall render the grievance ineligible for further processing or appeal, and the grievance shall be considered closed.

H.

Offers of settlement are inadmissible at any step of the grievance or arbitration procedures.

I. EXTENSION OF TIME LIMITS

With the exception of the 30-day Step 2 grievance filing deadline, the time limits set forth in this Article may be extended only by written agreement of the parties. Except that, each party shall be entitled to one (1) seven (7) calendar day extension upon request in advance of the deadline at either Step 2 (after timely grievance filing) or Step 3.

J. RELEASE TIME FOR GRIEVANCE/ARBITRATION FOR THE ASE GRIEVANT AND ASE REPRESENTATIVE

The parties will endeavor to schedule grievance meetings that do not conflict with bargaining unit assignments of the grievant or the grievant's representative which cannot be rescheduled. If a grievance meeting called by the University occurs when the grievant or the grievant's representative have bargaining unit assignments which cannot be rescheduled, the parties with the unresolved scheduling conflicts shall be eligible to receive leave with pay for the period of the assignments which cannot be rescheduled, provided the request for such leave is made at least five (5) calendar days in advance of the meeting. Leave requests shall be made either before or at the time dates and times for the meeting are being considered, whereupon the meeting will be scheduled to provide for the five (5) calendar day request period.

K. APPEAL TO ARBITRATION

1. Content

An appeal to arbitration may be made only by the UAW and only after the timely exhaustion of the grievance procedure. The written appeal to arbitration must be received by the Office of the President, with a copy to the campus labor relations office of origin, within forty-five (45) calendar days of the date of issuance of the final University decision to the UAW. The written appeal must be signed by an authorized representative of the UAW and must include:

1. The name and address of the UAW representative who is responsible for the appeal to arbitration and to whom all correspondence relating to the arbitration is to be sent;
2. a copy of the completed grievance form; and a statement setting forth the unresolved issue(s), the articles and sections of the agreement alleged to have been violated, and the remedy requested.
3. If a grievance is not appealed to arbitration, the University's Step 3 response shall be final.

2. Procedure

An appeal to arbitration shall be made in the following way:

1. Email to AppealAGrievance@ucop.edu:
   1. Email submissions must include PDFs of all documents, information and signatures necessary to be in compliance with the Arbitration provisions of this Agreement.
   2. The 'date of filing' for emailed Appeals to Arbitration shall be the date received on the University server, provided that the appeal is received during business hours. If an appeal to Arbitration is received outside of normal business hours, the following business day will be deemed the filing date of the Appeal to Arbitration.
   3. The University shall acknowledge receipt of the UAW's Appeal to Arbitration through a computer-generated, automatic email response.

L. SELECTION OF THE ARBITRATOR/PRE-ARBITRATION CONFERENCE

1. The UAW representative shall contact the designated University official at the Office of the President within thirty (30) calendar days of the appeal to arbitration in order to select an arbitrator from the panels set forth in Appendix B. The arbitrator shall be selected within forty-five (45) calendar days from the date of the appeal. Failure to contact the designated University official within the established time frame shall constitute a withdrawal of the appeal to arbitration.
2. If the parties cannot agree to an arbitrator from the panels, the parties shall alternately strike one name each from the list of statewide panel members. Unless the parties agree otherwise, the party selecting first shall be determined by the flip of a coin. The remaining name shall be designated as the arbitrator.
3. At the Pre-Arbitration Conference, the parties shall:
   1. Select an arbitrator from Appendix B -Panel of Arbitrators in accordance with K.1. above;
   2. Discuss all arbitrability claims raised by the University, if any, with the goal of resolution;
   3. Discuss the merits of the grievance, with the goal of resolution.
   4. Discuss and decide engaging in grievance mediation in accordance with M. below.
4. At the time the University and the UAW schedule the Pre-Arbitration Conference, each party shall identify the names of the participants.
5. If the arbitrability issues are not resolved, the parties shall set the dates for the briefing schedule, inform the arbitrator of the process for resolving arbitrability, and request provisional dates for a hearing on the merits should a hearing be needed. Such hearing shall take place after the arbitrator's decision on arbitrability and at least four weeks before the arbitrator's cancellation deadline.
6. If arbitrability is resolved, but the merits are not settled, the matter shall go forward to a hearing.
7. Following the Pre-Arbitration Conference, the UCOP Representative shall notify the Union whether the Office of the President shall remand the case to the location or retain the case at the Office of the President.
8. Within sixty (60) calendar days from selection, the parties shall attempt to agree to a hearing date, but if they are unable to agree, the authority for scheduling a hearing date shall reside with the arbitrator.

3. Bifurcation

1. The University shall be precluded from raising arbitrability claims if it has not done so by the Step 3 response, unless such issues arise after the Step 3 response is issued. Arbitrability claims must include facts and arguments to substantiate such claims.
2. The arbitration process shall be bifurcated where the University and Union do not resolve properly made arbitrability claims at the pre-arbitration conference.
3. Any party requesting a hearing on the issue of arbitrability, must do so within seven (7) business days of selecting an arbitrator. If such a request is not made within seven (7) business days of choosing an arbitrator, the issue of arbitrability shall be resolved by briefs, not hearing.
4. Written Briefs

   The issue(s) of arbitrability shall be resolved in a written decision based on arguments submitted by the parties prior to and separate from the hearing (if any) on the merits of the claim. Such arguments shall be submitted to the arbitrator in brief form according to the following schedule:

   1. The University shall submit its brief no later than thirty (30) calendar days from selection of an arbitrator at the pre-arbitration conference.
   2. The Union shall submit its response brief no later than thirty (30) calendar days from receipt of the University's brief.
   3. The arbitrator shall issue their response no later than thirty (30) calendar days from receipt of the Union's brief.
5. If the University fails to meet the timeline, it is precluded from making arbitrability claims, and the grievance shall proceed to a hearing on the merits.
6. If the Union fails to submit a response brief, the arbitrator shall issue a ruling based on the record from the University's brief.
7. Hearing on Arbitrability
   Where a party timely requests a hearing on arbitrability, such hearing shall be held. If a hearing on arbitrability has been timely requested, the moving party shall contact the arbitrator within five (5) calendar days of making such a request to request two (2) dates (or sets of dates) for a separate hearing on arbitrability and a hearing on the merits which shall take place after the arbitrator's decision on arbitrability and at least four weeks before the arbitrator's cancellation deadline. If the moving party does not request two (2) dates (or sets of dates) for separate hearings within five (5) days of requesting a hearing on arbitrability, the issue of arbitrability shall be resolved by briefs, instead of a hearing.
8. If the arbitrator finds the grievance to be not arbitrable, the substantive facts of the case need not be heard and the grievance shall be denied. If the arbitrator finds in favor of arbitrability, the hearing shall proceed to the substantive issues raised.

M. Mediation (optional step)

The parties may mutually agree to engage in grievance mediation and request a state mediator or choose a different arbitrator from the panel to serve as a mediator in order to resolve cases prior to a hearing. Mediation shall occur at least four (4) weeks before the arbitrator's cancellation deadline, unless another timeline is mutually agreed to. However, if the parties agree to engage in grievance mediation, nothing in this paragraph shall supplant the grievance process timelines from continuing, unless mutually agreed by the parties. If a settlement is reached in grievance mediation, the settlement shall be in writing and signed by the parties. Such agreement shall not be precedent-setting.

N. PROCEDURAL/EVIDENTIARY ISSUES AT HEARING

1. At least seven (7) calendar days prior to the arbitration the parties shall exchange lists of known witnesses and discuss exhibits.
2. During the hearing the parties shall have the opportunity to examine and cross-examine witnesses under oath and to submit relevant evidence. Issues and allegations shall not be introduced at the hearing unless they were introduced prior to or during Step 2 of the grievance procedure.
3. Upon request by either party but not upon the arbitrator's own motion, the arbitrator shall have the authority to subpoena relevant documents and/or witnesses.
4. The arbitration hearing shall be closed to anyone other than the participants in the hearing unless the parties agree otherwise in writing.
5. In all cases appealed to arbitration except for actions taken pursuant to Article 8, Discipline and Dismissal, the UAW shall have the burden of proceeding and the burden of proof. In all cases, the burden of proof is preponderance of the evidence.
6. Hearings shall be held in-person, unless the parties agree to conduct the arbitration hearing remotely using virtual platforms. If there is no agreement by the parties on the modality of conducting the hearing, the decision shall be made by the arbitrator and shall be final.

O. SCOPE OF ARBITRATOR'S AUTHORITY

1. The arbitrator shall consider the evidence presented and render a written decision within thirty (30) calendar days of the close of the record of the hearing. The arbitrator's decision will set forth the findings of fact, reasoning, and conclusions on issues submitted by the parties. The arbitrator's authority shall be limited to determining whether the University has violated arbitrable provisions of this contract and to ordering corresponding remedies. The arbitrator shall not have jurisdiction or authority to add to, amend, modify, nullify, or ignore in any way the provisions of this contract nor shall the arbitrator have the authority to review any academic judgment. To the extent that the University's action is based upon academic judgment, the arbitrator shall have no authority or jurisdiction to substitute their judgment for that of the University and its agents.
2. If the grievance is sustained in whole or in part, the remedy shall not exceed restoring to the grievant the pay, benefits or contractual rights lost less any compensation from any source including but not limited to Workers'Compensation, Unemployment Compensation or other employment. In arbitration cases involving the Health and Safety Article, the arbitrator may order the University to cease violations of the Health and Safety Article. The arbitrator shall not have authority to order specific remedies for health and safety violations involving expenditures for structural modifications nor shall the arbitrator have the authority to order such a remedy for the purchaseor rental of equipment in excess of $500 unless there are available specifically budgeted funds for the particular efforts which may be necessary to comply with the order. The decision and award of the arbitrator shall be final and binding upon the parties to the contract and the ASEs. The University will not be liable for back wages or other monetary reimbursement for:
   1. any period of time during which an extension of the time limits has been granted at the request of the UAW;
   2. any period of time greater than thirty (30) calendar days prior to the date the grievance was filed pursuant to this article.
3. The arbitrator's fees and the costs of transcripts requested by the arbitrator or both parties shall be equally borne by the parties. Costs for transcripts requested by only one party, shall be borne by the requesting party.
4. Unless the parties mutually agree otherwise, the party that cancels or postpones an arbitration will be liable for any cancellation/postponement fees charged by the arbitrator or court reporter.

P. RELEASE TIME FOR ARBITRATION FOR THE ASE GRIEVANT AND ASE REPRESENTATIVE

1. The parties shall endeavor to schedule arbitration hearings which do not conflict with the bargaining unit assignments of the grievant or the grievant's representative which cannot be rescheduled. If arbitration hearings occur when the grievant, or the grievant's representative have bargaining unit assignments which cannot be rescheduled, the parties with the unresolved scheduling conflict shall be eligible to receive leave with pay for the period of the assignments which cannot be rescheduled, provided the request for such leave is made at least fifteen (15) calendar days in advance of the hearing date.
2. The parties will make efforts to schedule the testimony of ASE witnesses whenthe ASE witnesses do not have bargaining unit assignments that cannot be rescheduled. ASE witnesses who are called by the parties to testify shall be eligible to receive leave with pay only for time required for testifying when the ASE has a bargaining unit assignment which cannot be rescheduled, if the request for such leave is made at least fifteen (15) calendar days in advance of the hearing.

Q. ARBITRATOR PANEL

1. The parties agree that there will be a standing panel of seventeen (17) arbitrators to hear arbitration cases scheduled for hearing pursuant to the provision of this article. If agreement cannot be reached on all seventeen (17) arbitrators, the remaining number needed to complete the panel will be selected alternately by the parties.
2. The procedure for modifying the panel shall be as follows: Each party shall have the right to eliminate up to two (2) arbitrators from the panel once each calendar year. The party exercising this right shall notify the other party in writing of the name(s) of the arbitrator(s) to be stricken from the panel.
3. In replacing an arbitrator who has been eliminated, declined to participate or who has resigned, or in adding (an) arbitrator(s) to complete the panel, the parties will exchange nominations within sixty (60) calendar days. The party selecting first shall be determined by the flip of a coin. Any arbitrator eliminated in Section 2.a above may not be placed on the panel again.

Article 13 – Health and Safety

In compliance with campus health and safety policies and procedures, the University shall make reasonable attempts to maintain in safe working condition the assigned workplace and equipment required to carry out assigned duties.

Article 14 – Health Benefits

A.

Eligible ASEs may participate in a University-sponsored student health insurance plan to the same degree other eligible students at that campus participate. University-sponsored student health insurance plans include the multi-campus UC Student Health Insurance Plan (UC SHIP) administered by the UC Office of the President, and Graduate Student Health Insurance Plans administered by specific campuses who have elected not to participate in UC SHIP.

B.

An ASE who is a registered graduate student with ASE appointment(s) or other eligible academic appointments totaling 25% or more of full-time for a given term in a State supported or Self-Supporting Program is eligible to receive remission of premium for a University-sponsored student health insurance plan. An ASE is eligible to receive only one premium remission per term. In the event premiums increase, the University will continue to provide 100% premium remissions to eligible ASEs.

C.

An ASE who is a registered undergraduate student appointed in Teaching Assistant title codes TC 2310 or TC 2311 with an appointment totaling 25% or more of full time for a given term is eligible to receive remission of premium for a University-sponsored student health insurance plan.

D.

An ASE who is a registered graduate student with ASE appointment(s) totaling 25% or more, who is enrolled in a self-supporting graduate degree program and is employed by either a UC self-supporting program or a UC state-supported graduate program, shall be eligible to receive a partial premium remission equivalent in dollar amount to what an eligible ASE enrolled in a UC state-supported program would receive for premium, as a result of the qualifying appointment. In no case will that remission exceed the total premium paid by the ASE to the self-supporting program. Self-supporting graduate degree programs that are subject to this provision are only those programs which have an approved self-supporting fee or charge approved in writing by the UC President.

E.

The University and the UAW shall establish a joint labor-management committee to discuss health benefit related issues that apply to ASE's including systemwide participation in UCSHIP, potential changes in benefits, deductibles, and co-pays. The University agrees to provide up to 4 hours of paid release time (including travel) to one ASE per campus for the purpose of attending systemwide meetings. The first such meeting shall take place during the first quarter of fiscal year 2023.

Article 15 – Holidays

A.

The University observes the following days as holidays:

1. January 1
2. Third Monday in January (Martin Luther King's Birthday)
3. Third Monday in February (President's Day)
4. Last Friday in March (Cesar Chavez Day)
5. Memorial Day
6. July 4
7. Labor Day
8. Veterans Day
9. Thanksgiving Day
10. Day after Thanksgiving
11. December 24
12. December 25
13. December 31

B.

The University may designate additional holidays.

C.

When a holiday falls on Sunday, the following Monday is observed; and when a holiday falls on Saturday, the preceding Friday is observed.

D.

The University reserves the right to establish additional holidays.

E.

The University shall not require an ASE to attend lecture, hold office hours, grade, tutor, proctor, prepare, consult or teach class, section, or lab on designated holidays.

Article 16 – Immigration

A.

No Academic Student Employee ("ASE") covered by this Agreement shall suffer any loss of seniority or compensation, due to any legal changes in the ASE's name or social security number.

B.

The University will request that a federal immigration agent or a Department of Homeland Security (DHS) agent comply with legal requirements before they may be allowed to interrogate, search, or arrest any ASE on University property.

C.

The University will notify the UAW within 72 hours of any immigration enforcement action on University property that involves an ASE.

D.

The University will provide the UAW with advance notice of any University policy changes that may affect the immigration status of ASEs.

E.

The University will not voluntarily provide federal immigration authorities with access to University property, facilities, or databases for the purpose of immigration enforcement, except as required by law.

F.

If the University receives a request for information about an ASE from federal immigration authorities, the University will notify the UAW and the affected ASE(s) as soon as practicable, unless prohibited by law.

G.

Joint Labor Management Committee – the University and the UAW shall use the labor management meeting process in accordance with Article 17 – Labor Management Meetings to discuss issues arising from this article.

Article 17 – Labor Management Meetings

A.

The University and the UAW may schedule quarterly meetings following written request by either party. Agendas shall be mutually agreed to at least five (5) business days prior to the meeting. The purpose of the meeting shall be to discuss administration of this agreement and other related issues, excepting specific grievances as defined by this agreement.

B.

Upon written notice, the UAW may request to schedule up to 2 campus meetings, per year. Such meetings shall be scheduled within thirty (30) calendar days of the request, provided the UAW provides a written agenda no later than five (5) days prior to the meeting(s). The purpose of the meeting(s) shall be to discuss issues of concern to Academic Student Employees; however, the University is not obligated to reach agreements that would alter the Agreement in any way. Further, issues which have a remedy in the Agreement shall be excluded from discussion.

Article 18 – Leaves

A. MILITARY LEAVE

ASEs who are called to active military service will be provided leave from their current positions to fulfill their military obligations to the extent required by applicable law. Military leave will be paid to the extent required by applicable law and/or applicable University policy.

B. PREGNANCY DISABILITY LEAVE

ASEs are eligible for pregnancy disability leave to the same extent as other employees under applicable law and University policy.

C. SHORT-TERM LEAVE

1. An ASE with an appointment of 25% or more may request paid short-term leave for personal illness, family illness, bereavement, jury duty, or other compelling personal reasons.
2. Short-term leave may be granted for up to three (3) days per quarter or five (5) days per semester.
3. Requests for short-term leave should be made as far in advance as possible, except in cases of emergency.
4. The University may require appropriate documentation for leave requests.

D. FAMILY AND MEDICAL LEAVE

ASEs are eligible for family and medical leave to the extent provided by applicable law and University policy.

E. PERSONAL LEAVE

ASEs may request unpaid personal leave for compelling personal reasons. Such leave is subject to approval by the University and may affect the ASE's appointment.

Article 19 – Management and Academic Rights

A.

All management functions, rights, and prerogatives, including, without limitation the exercise of academic judgment that have not been expressly modified or restricted by a specific provision of this Agreement, are retained and vested exclusively in the University and may be exercised by the University at its sole discretion. Such management functions and rights, and prerogatives include the right: Management of the University is vested exclusively in the University. Except as otherwise provided in this agreement, the UAW agrees that the University has the right:

1. to determine, establish, direct, and control the University's mission, objectives, priorities, organizational structure, programs, services, activities, operations and resources; to establish, plan, direct and control the University's missions, programs, objectives, activities, resources, and priorities, including Affirmative Action plans and goals;
2. to recruit, appoint, reappoint, not reappoint, and transfer unit members and to determine and modify the size and composition of the work force;
3. to establish and administer procedures, rules and regulations, and direct and control University operations;
4. to introduce new or improved methods, programs, equipment, or facilities or change or eliminate existing methods, equipment, or facilities;
5. to determine the work location or relocation, reorganization, or discontinuance of operations; to alter, extend, or discontinue existing equipment, facilities, and location of operations;
6. To determine and modify job qualifications, requirements, classifications, and descriptions;
7. To determine or modify the number, scheduling, responsibilities, and assignment of ASEs including to direct, assign, train, and otherwise supervise unit employees; to determine or modify the number, qualifications, scheduling, responsibilities and assignment of ASEs;
8. to establish and modify standards of workplace conduct and to discipline or discharge unit members for just cause, subject to Article 8, Discipline and Dismissal; to discipline or dismiss ASEs;
9. to establish, maintain, modify and or enforce standards of workplace performance, conduct, order and safety;
10. to determine the standards of workplace performance for ASEs and establish and modify the processes and criteria by which unit members will be evaluated in their work performance; to evaluate, to determine the content of evaluations, and to determine the processes and criteria by which ASEs' performance is evaluated;
11. to establish and modify rules, regulations, and policies and safety procedures; to establish and require ASEs to observe University rules and regulations;
12. to establish or modify the academic and work calendars, including holidays and holiday scheduling;
13. to assign ASE's individual work locations;
14. to schedule hours of work;
15. to recruit, hire, or transfer;
16. to determine how and by whom instruction is delivered;
17. to introduce new methods of instruction;
18. to determine and manage campus housing pursuant to University policies;
19. to determine cost and coverage of student benefits including health, dental, vision, and other medical insurance and prescription drug policies;
20. to select all insurance carriers and to change carriers from time to time;
21. to investigate and determine matters of sexual harassment, discrimination and personal misconduct;
22. or to subcontract all or any portion of any operations;
23. and to exercise sole authority on all decisions involving academic matters.

B.

Decisions regarding who is taught, what is taught, how it is taught and who does the teaching involve academic judgment and shall be made at the sole discretion of the University.

C.

The Agreement is limited to all matters within the "scope of representation." The collective bargaining agreement solely regulates the wages, hours, and terms and conditions of employment for ASEs, pursuant to HEERA. With this understanding, the University retains sole discretion and authority over issues related to academic judgment and student matters, including but not limited to: academic standards for student admission; student grading, courses, curriculum, and degree requirements; research methodology, presentation, and publication; financial aid, tuition and fees; financial support to students, including, but not limited to application, selection, funding, administration, usage, accountability and termination and all matters related thereto; creation and/or continuation of all policies pertaining to unit members' status as students including Student Code of Conduct, student discipline, and student housing.

D. Non-Exclusivity

The above enumeration of management and academic rights is not exhaustive and does not exclude other management and academic rights not specified herein, nor shall the exercise or non-exercise of rights constitute a waiver of any such rights by the University.

E. Grievance/Arbitration

No action taken by the University with respect to a management or academic right shall be subject to the grievance or arbitration procedure or collateral suit, unless the exercise thereof violates an express written provision of this agreement.

Article 20 – No Strikes

A.

During the term of this agreement or any written extension thereof, the University agrees that there shall be no lockouts by the University. The UAW, on behalf of its officers, agents, and members agrees that there shall be no strikes, including sympathy strikes, stoppages or interruptions of work, or other concerted activities which interfere directly or indirectly with University operations during the life of this agreement or any written extension thereof. The UAW, on behalf of its officers, agents, and members, agrees that it shall not in any way authorize, assist, encourage, participate in, sanction, ratify, condone, or lend support to any activities in violation of this article.

B.

Any employee who violates this article shall be subject to discipline up to and including termination of employment.

C.

The UAW shall immediately take whatever affirmative action is necessary to prevent and bring about an end to any concerted activity in violation of this article. Such affirmative action shall include but not be limited to sending written notice by email or to the home address of all unit members engaged in prohibited activity informing them that the concerted activity is in violation of this article, that engaging in such activity may lead to disciplinary action, and stating that unit members engaged in prohibited activity must cease such activity and immediately return to work.

D. SYMPATHY STRIKES

1. The UAW shall not call, promote or engage in a sympathy strike in support of another UC union or bargaining unit.
2. Under this section, individual ASEs retain rights of free expression including their right to engage in activities in sympathy with other UC unions or bargaining units who are striking at the work location of the ASE. When ASEs exercise these rights and do not meet the expectation that they comply with the terms of their appointment, at the discretion of the University they may not be paid for work they do not perform and may be subject to discipline and dismissal.

E.

Nothing herein constitutes a waiver of the University's right to seek appropriate legal relief in the event of a violation of this article.

Article 21 – Non-Discrimination in Employment

A. GENERAL PROVISIONS

1. Within the limits imposed by law or University regulation, the University shall not discriminate against or harass any ASE on the basis of race, color, religion, marital status, national origin, ancestry, ethnicity, sex, gender (including pregnancy, childbirth, medical condition), sexual orientation, gender identity, gender expression, gender transition status, physical or mental disability, medical condition (cancer-related or genetic characteristics), genetic information (including family medical history), HIV status, ancestry, service in the uniformed services (including protected veterans), age, citizenship, political affiliation, and/or union activity. Likewise, the University shall not discriminate or retaliate against an ASE for requesting or taking Family and Medical Leave.
2. For the purposes of this Article only,
   1. Service in the uniformed services includes service in the uniformed services as defined in the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA), as well as state military and naval service.
   2. "Pregnancy" includes pregnancy, childbirth, and medical conditions related to pregnancy, and childbirth.
   3. "Gender expression" means a person's gender-related appearance or behavior, or the perception of such appearance or behavior, whether or not stereotypically associated with the person's sex assigned at birth.
   4. "Gender identity" is each person's internal understanding of their gender, or the perception of a person's gender identity, which may include male, female, a combination of male and female, neither male nor female, a gender different from the person's sex assigned at birth, or transgender.
   5. "Medical condition" means either any health impairment related to or associated with a diagnosis of cancer or health impairments related to genetic characteristics.
3. If the UAW appeals a grievance to arbitration which contains allegations of a violation of this article which are not made in conjunction with the provision of another article that is arbitrable, the UAW's notice must include an Acknowledgement and Waiver Form signed by the affected ASE. The Acknowledgement and Waiver Form will reflect that the ASE has elected to pursue arbitration as the exclusive dispute mechanism for such claim and that the ASE understands the procedural and substantive differences between arbitration and the other remedial forum or forums in which the dispute might have been resolved, including the differences in the scope of remedies available in arbitration as compared to other forums. The timeline to appeal to Arbitration set forth in Article 12, Grievance and Arbitration, will be extended by 30 days for said grievances to enable the ASE to make an informed choice.

B. SEXUAL HARASSMENT

1. The University of California is committed to creating and maintaining a community dedicated to the advancement, application and transmission of knowledge and creative endeavors through academic excellence, where all individuals who participate in University programs and activities can work and learn together in an atmosphere free of harassment, exploitation, or intimidation. The University prohibits sexual harassment and retaliation that violates law, this Article, and/or University policy (herein referred to as prohibited behavior). The University shall respond promptly and effectively to reports of prohibited behavior and shall take appropriate action to prevent, to correct, and when necessary, to discipline behavior that violates the law, this Article, and SVSH Policy.
2. Sexual Harassment is when:
   1. Quid Pro Quo: A person's submission to or rejection of unwelcome sexual conduct is implicitly or explicitly made the basis for employment decisions, academic evaluation, or advancement, or other decisions affecting participation in a University program or activity; or
   2. Hostile Environment: Unwelcome sexual or other sex-based conduct is sufficiently severe or pervasive that it unreasonably denies, adversely limits, or interferes with a person's participation in or benefit from the education, employment or other programs and services of the University and creates an environment that a reasonable person would find to be intimidating or offensive.
3. Sexual conduct includes sexual or romantic advances, requests for sexual favors, and other verbal, nonverbal or physical conduct of a sexual nature.
4. Sexual harassment may include incidents between any members of the University community, including: administrators, faculty and other academic appointees (including ASEs), staff, student employees, students, coaches, residents, interns, and non-student or non-employee participants in University programs (e.g., vendors, contractors, visitors, and patients); in hierarchical relationships and between peers, and; between individuals of any gender or gender identity.
5. Where there is no conflict with this Agreement, the University's SVSH Policy and the Nondiscrimination Policy shall continue to apply to Academic Student Employees.

C. RETALIATION PROHIBITION

1. Retaliation is an adverse action against a person based on their report or other disclosure of alleged Prohibited Conduct to a University employee, or their participation in, refusal to participate in, or assistance with the investigation, reporting, remedial, or disciplinary processes provided for in University Policy and/or in this Article.
2. An adverse action is conduct that would discourage a reasonable person from reporting Prohibited Conduct or participating in a process provided for in University Policy and/or in this Article, such as threats, intimidation, harassment, discrimination and coercion. Retaliation does not include Good faith actions lawfully pursued in response to a report of Prohibited Conduct (such as gathering evidence) are not, without more, retaliation.
3. The University prohibits retaliation against or by ASEs based on their report of prohibited behavior or participation in, refusal to participate in, or assistance with the investigation, report, remedial, or disciplinary processes provided for in the SVSH Policy.
4. The Title IX Offices responsible for investigations are listed at: http://sexualviolence.universityofcalifornia.edu/filing-report/index.html.

D. RESOLUTION PROCEDURES

Reports of alleged violations of Section A. or B.1.-4. above and/or University Policy may be addressed through the complaint procedure and/or the grievance procedure. Additionally, Alternative Resolution may be used at any time to address the issues. Formal Investigations may be initiated as part of the complaint resolution or grievance procedure.

1. Alternative Resolution: ASE(s) and/or the Union and/or the University may seek Alternative Resolution at any time.
   1. After a preliminary assessment of the facts, the Title IX / EEO Officer may initiate an Alternative Resolution process, which may include: mediation (except in cases of sexual violence); separating the parties; providing for safety; referring the parties to counseling; referral for disciplinary action; a settlement agreement; conducting targeted preventive educational and training programs; and conducting a follow-up review to ensure that the resolution has been implemented effectively.
   2. Only the Title IX/EEO Officer has the authority to initiate Alternative Resolution.
   3. If Alternative Resolution is unsuccessful, the Title IX/EEO Officer may initiate a formal investigation.
   4. Attempts at Alternative Resolution at the informal level do not extend the thirty (30) calendar day time limit to file a grievance. However, should a grievance be filed, the parties may agree in writing that the grievance be held in abeyance while alternative resolution is being considered or ongoing.
2. Interim Measures for Complainant(s)
   1. When the appropriate administrative officer has determined that a Complainant has established a prima facie case of harassment and/or discrimination based on a protected category, the University shall implement interim measures when necessary. Such measures shall allow the ASE to continue training in an environment free from harassment and/or discrimination based on a protected category.
   2. Interim measures available to ASEs may include, but are not limited to: change to a different workstation, schedule, work location, unit, department, or position for which the ASE is qualified provided that, in the case of a Complainant, the change is voluntary and equitable; training and education of the Respondent; no contact remedies.
3. Remedies
   1. Remedies available to ASEs may include, but are not limited to: change to a different workstation, schedule, work location, unit, department, or position for which the ASE is qualified provided that, in the case of the Complainant/Grievant, the change is voluntary and equitable; training and education of the Respondent; no contact remedies.
   2. The University shall implement appropriate remedies if a complaint and/or grievance is sustained, or as an alternative measure. Such remedies, shall ensure that the ASE continue training in an environment free from harassment and/or discrimination based on a protected category.
4. Representation
   The ASE (as a Complainant, Grievant, Respondent, or Witness) shall have the right to be represented by an advocate of their choice, including a Union representative, in the grievance, arbitration, and/or complaint process.
5. Complaints/Claims
   1. Academic Student Employees may file a Complaint directly with the Title IX or Equal Opportunity Office responsible for investigations at each campus location.
   2. Nothing in this Article precludes Academic Student Employees from filing a claim with an outside agency.
   3. For sexual harassment cases, the University will follow the University of California SVSH Policy.
6. Grievance Procedure
   1. If a grievance is filed in accordance with Article 12 that includes an alleged violation of this Article, the University shall forward the allegation(s) to the Title IX / EEO Officer for review. If the Title IX / EEO Officer determines an investigation is warranted, the Union and the University may agree in writing that the grievance, or a portion thereof, be held in abeyance while the investigation is ongoing.
   2. As soon as practicable, after the Title IX/EEO Officer receives the grievance, they will make an initial assessment to determine whether (i) the allegation(s) constitute a prima facie case of an act of prohibited behavior; and (ii) such conduct has a sufficient nexus to the University for it to intervene.
   3. The Title IX/EEO Officer may implement interim measures, in accordance with section D.2. above.
   4. In the event that a formal investigation is conducted, the investigation shall be conducted in accordance with the SVSH Policy.
   5. When the University issues the report or otherwise concludes its review/investigation, the abeyance shall automatically terminate, and the Step 1 process shall resume.
   6. In any event, the parties recognize that having a fair investigation and proceeding to an arbitration hearing on the merits with a completed investigation report (report of findings) is optimal. The parties may mutually agree to postpone the arbitration until the completed investigation report is available.

E. LACTATION SUPPORT

1. ASEs shall have access to spaces for the purpose of expressing and storing breast milk, which will be a locked private space that are sanitary and equipped with a table, comfortable chair and electrical outlet.
2. If no such space exists in reasonable proximity to an ASE's work location, the department/hiring unit will designate an appropriate temporary space, which is not open to the general public, for the purpose of expressing and storing breast milk.
3. The University will allow adequate time for an ASE to express breast milk, with the understanding that the ASE will not disrupt classroom activities for this purpose.
4. Within thirty (30) calendar days from ratification, the University shall provide information regarding the availability of lactation support on a campus website.

F. ALL-GENDER RESTROOMS

1. The University and the Union recognize the importance of having safe and accessible campus restroom facilities.
2. The University shall provide that all ASEs have reasonable access to all-gender restrooms within a reasonable distance to their work location, however, the University shall not be obligated to expend funds beyond minimal and incidental costs to provide reasonable access to all-gender restrooms.
3. If assistance with access to an all-gender restroom is needed, the ASE or the Union shall contact the department/hiring unit or campus Labor Relations office as soon as possible after receiving written notice of appointment in order to ensure reasonable access options are provided within a reasonable distance to the ASE's work location.
4. Reasonable access may include, but is not limited to, section/class reassignments and/or schedule modifications, re-designating an existing restroom as all-gender, or placing the ASE in an alternate appointment.
5. The parties recognize that any delay in notifying the department/hiring unit or campus Labor Relations of the need for access to an all-gender restroom may limit the possible arrangements, particularly where class assignments have already been made and/or the term has already commenced.
6. The University shall ensure that all single-occupancy restrooms will be designated as all-gender restrooms. "Single-occupancy restroom" is defined as a toilet facility with no more than one water closet and one urinal with a locking mechanism controlled by the user. Each all-gender restrooms must have at least a sign on the door with a triangle within a circle, without gender pictograms.
7. The University shall list the locations of all-gender restrooms on a campus website.

G. ADDITIONAL SUPPORT

ASEs may contact campus Labor Relations or the Union for additional support and/or assistance regarding provisions of this article.

Article 22 – Parking and Transit

A. GENERAL CONDITIONS

1. The University and the UAW agree reducing the carbon footprint is a mutual goal.
2. ASEs shall be eligible to participate in a campus' parking and transit program, if any, in accordance with the provisions of each location's program on the same basis as similarly-situated employees. This includes, but is not limited to, pretax/payroll deduction options applicable if the ASE is eligible for such deductions due to their payroll and/or tax status.

B. ALTERNATIVE TRANSPORTATION

1. ASEs are encouraged to participate in alternative transportation programs, if offered, at each location including shuttles, public transportation, bicycle programs, carpool programs and other alternative transportation programs.
2. The University shall move toward enhanced transit programs as follows:
   1. Within 12 months of ratification:
      1. Ensure all locations make pre-tax programs available to eligible employees paid regular wages through UC PATH to pay for transit options.
      2. Access to a UC-negotiated e-bike purchase discount program, minimally at fifteen percent (15%), with the goal of twenty percent (20%), below the published retail price for the same bike from the same retailer, subject to appropriate participation in the program. UAW commits to encouraging its bargaining unit members to take advantage of such program through its regular channels of communication.
      3. As a public transit allowance, the University will double match the bargaining unit employee's contribution up to thirty dollars ($30) per month into the pre-tax account referenced in section 1) above according to the following schedule:
         
         Bargaining unit members at locations which provide access to a no-cost transit pass, as outlined in Section E below (including as part of student fee remission), shall not receive this double matching allowance. The Lawrence Berkeley National Laboratory will be included to the extent permitted by the terms of its Department of Energy contract related to cost allowability.
   2. Within 24 months of ratification: Bargaining unit access to enhanced UC Travel measures to reduce the impact of university business travel on carbon emissions, including more accurate carbon impact estimates of travel itineraries and access to discounted electric vehicle rentals.
   3. Within 36 months of ratification: Best efforts by UC to negotiate reduced-fee or no-fee access to the appropriate regional transit system(s) for each location, pursuant to Section E below, where practicable.

C. NOTICE

The University reserves the sole right to establish and change parking and transit rates, open and close lots and modify parking and transit conditions and regulations. The University shall provide thirty (30) calendar days' advance written notice to the UAW of any proposed change or increase in parking and transit rates. The University shall meet upon request of the UAW to discuss and receive comments regarding any proposed change in parking and transit rates.

D. LABOR-MANAGEMENT MEETING ON TRANSIT

1. No later than six (6) months after ratification of this Agreement, at the request of the union, the Labor-Management Meeting on Transit ("Meeting") will be convened on a campus basis for the purpose of discussing ways to enhance bargaining unit member access to transit programs to commute to and from the University location.
2. The parties may invite guests, including, but not limited to, subject matter experts, provided there is notice and mutual agreement.
3. The University and UAW shall mutually agree upon an equal number of representatives for each party. The Meeting shall be limited to two (2) hours unless the parties mutually agree otherwise. Bargaining unit employees serving on the Labor-Management Meeting on Transit shall be provided release time for time they would have otherwise worked on that day for the purpose of attending the Meeting, provided there is notice in accordance with Article 17 - Labor-Management Meetings.
4. The parties shall propose agenda items for the Meeting no later than seven (7) calendar days prior to the Meeting. If there are no agenda items proposed, the Meeting shall be canceled or rescheduled.
5. While the Labor-Management Meeting on Transit is intended to cover ASEs, nothing shall preclude the parties from agreeing to combine the Meeting with that of other UAW units.

E. REGIONAL TRANSIT SYSTEM PASS CHART

[Chart content to be provided]

Article 23 – Posting

A. CAMPUS WIDE POSTING OF APPOINTMENT OPPORTUNITIES

By March 15th of each year, the University shall post any available information regarding ASE appointment opportunities for the following academic year on the central campus website.

Sixty (60) days before the commencement of each academic year, departments and hiring units shall post on the website available positions within the department for that year. Should new positions become available, they shall be posted within fourteen (14) days. The website shall contain the following information:

1. The projected number of available ASE positions by department/hiring unit that the University anticipates for the following academic year. This projection is not a guarantee of the actual number of ASE positions that will be available or filled;
2. An employment non-discrimination statement;
3. A general description of the duties performed by each of the classifications covered by the agreement;
4. The "minimum qualifications" by classification as established by and at the sole discretion of the University;
5. A statement indicating that exceptions to the minimum eligibility qualifications may be granted at the sole discretion of the University; and
6. The application procedures or hiring unit contact person for ASE positions.

B. POSTING AT THE DEPARTMENT LEVEL

Nothing in this article or in this agreement shall prevent departments or other campus hiring units from providing additional information regarding ASE employment opportunities on bulletin boards or other web sites. For those departments and hiring units that have formal written guidelines regarding hiring for and allocations of ASE positions, the guidelines will be posted. Changes in written guidelines shall be posted prior to implementation.

Article 24 – Reasonable Accommodation

A. GENERAL PROVISIONS

In a manner that is consistent with applicable law, the University shall provide reasonable accommodation to qualified Academic Student Employees who are disabled or become disabled and need assistance to perform the essential functions of their jobs. This section shall not be construed as a guarantee of a specific form of accommodation. The interactive process shall be used to determine what, if any, reasonable accommodation will be made.

B. DEFINITIONS

1. "Reasonable accommodation" may include but is not limited to: job restructuring; part-time or modified work schedules; acquisition or modification of equipment; appropriate adjustment or modification of examinations; the provision of readers and interpreters; reassignment to a vacant position; and other similar accommodations for individuals with disabilities.
2. "Interactive process" is an ongoing dialogue between the ASE and appropriate University representatives (e.g., supervisor, department administrator, disability management representative, etc.) to determine effective reasonable accommodations.

C. PROCEDURES

1. An ASE requesting reasonable accommodation shall make the request to their supervisor or department administrator.
2. The University may require medical documentation of the disability and functional limitations.
3. The University shall engage in an interactive process with the ASE to determine appropriate reasonable accommodations.
4. The University shall provide written notice of the accommodation determination.

D. TEMPORARY ACCOMMODATIONS

If the Interactive Process is initiated in accordance with Section C above, the supervisor/department administrator, in consultation with the disability management team, may assist in a temporary work adjustment until the Interactive Process is completed.

Article 25 – Respectful Work Environment

A. GENERAL CONDITIONS

1. The University and UAW are jointly committed to promoting and maintaining a work environment that is healthy and free of Abusive Conduct, in which every employee and member of the University community is treated with respect.
2. The Parties mutually acknowledge that Abusive Conduct creates an intimidating and offensive work environment, interferes with employees' work performance, and may adversely affect the health, safety, and welfare of employees.
3. The University and UAW agree that Abusive Conduct is unacceptable and will not be tolerated.

B. DEFINITION

"Abusive Conduct" means conduct of a University employee in the workplace, with malice, that a reasonable person would find hostile, offensive, and unrelated to the University's legitimate business interests. Abusive conduct may include repeated infliction of verbal abuse, such as the use of derogatory remarks, insults, and epithets, verbal or physical conduct that a reasonable person would find threatening, intimidating, or humiliating, or the gratuitous sabotage or undermining of a person's work performance.

C. COMPLAINT PROCEDURES

1. ASEs who believe they have experienced Abusive Conduct may file complaints through University procedures.
2. The University shall investigate complaints of Abusive Conduct in accordance with University policy.
3. ASEs may also file grievances under Article 12 of this Agreement if they believe the University has violated this Article.

D. RETALIATION PROHIBITED

The University shall not retaliate against any ASE for filing a complaint of Abusive Conduct or participating in an investigation of such a complaint.

Article 26 – Severability

If any provision of this agreement is found to be contrary to law by a court of competent jurisdiction, such provision shall be of no force or effect; but the remainder of this agreement shall continue in full force and effect. The parties shall meet and confer in good faith with respect to any provision found to be in contravention of the law.

Article 27 – Summer Session

A. WAGES

1. Teaching Assistant, Teaching Fellow, Graduate Student Instructor, Associate Instructor
   A Teaching Assistant, Teaching Fellow, Graduate Student Instructor or Associate Instructor, who is not an Instructor of Record who has a 50% appointment during summer session, shall be compensated at the rate resulting from dividing the academic year salary by nine (9) and multiplying by the number of months of the summer appointment.
2. Reader and Tutor
   Readers and Tutors shall be paid on an hourly basis during summer session.
3. Remedial Tutor
   Remedial Tutors shall be paid on an hourly basis during summer session.

B. WORKLOAD

Summer session workload shall be proportional to the appointment percentage and duration of the summer appointment.

C. BENEFITS

ASEs with summer appointments shall be eligible for benefits in accordance with University policy and the terms of this Agreement.

Article 28 – Training & Orientation

A.

All required training and orientation shall be considered part of the workload for the term, with the exception of pedagogy courses in which an ASE is required to be enrolled. Said pedagogy courses and training requirements shall not be used to reduce the number of ASE appointments.

B.

The University may require, at its sole discretion, an ASE to satisfactorily complete training. An ASE who fails to satisfactorily complete required training may be required to repeat training without the repeated training counting in workload.

C.

Unpaid activities for which academic credit is given, or that are academic program requirements for all students in the program, or are training required to meet minimum eligibility requirements (e.g., English language tests), are not considered employment activities and not covered by this agreement.

Article 29 – Travel

A.

The University shall reimburse ASEs for authorized expenses incurred during required employee-related University business or travel in accordance with the requirements of the appropriate section of the UC Business and Finance Bulletin.

B.

The University will not reimburse ASEs for travel between home and the campus.

Article 30 – Union Access and Rights

A. USE OF FACILITIES

The UAW shall have the right to use University facilities for meetings in accordance with University policy applicable to other campus organizations.

B. ACCESS TO ASEs

The UAW shall have reasonable access to ASEs for the purpose of conducting Union business, including but not limited to investigating grievances, provided such access does not interfere with University operations.

C. BULLETIN BOARDS

The University shall provide reasonable bulletin board space for UAW use in accordance with University policy.

D. INFORMATION

The University shall provide the UAW with information necessary for the administration of this Agreement, including lists of ASEs as specified in Article 31.

E. ORIENTATION

The UAW shall have the opportunity to make presentations to new ASEs during orientation programs.

Article 31 – Union Security

A. DUES AND INITIATION FEES

1. The University shall deduct membership dues and standard initiation fees from the wages of Academic Student Employees upon notification from the UAW as provided in Section E. The University shall remit dues and standard initiation fees to the UAW on a monthly basis. The UAW will provide the University with the formula for calculating the amount to be deducted.
2. The University shall deduct fair share fees from the wages of Academic Student Employees who are not UAW members, upon notification from the UAW.

B. MEMBERSHIP ELECTION FORM

The University shall provide each ASE with a Membership Election Form (MEF) as specified in this Agreement.

C. ASE LISTS

The University shall provide the UAW with lists of ASEs including names, addresses, and other information necessary for Union representation.

D. INDEMNIFICATION

The UAW agrees to indemnify and hold harmless the University from any claims arising from the deduction of dues, fees, or other amounts under this Article.

Article 32A – General Wages

(applicable to Davis, Santa Cruz, Merced, Santa Barbara, Irvine, Riverside, & San Diego)

A. GENERAL PROVISIONS

1. The actual salary ranges/rates following application of any range adjustments applied pursuant to this Article may vary slightly due to rounding.
2. Implementation of the prospective annual increase shall coincide with the first full pay period in the Fall term commencing with October 1st for monthly paid employees and the first pay period commencing after October 1st for bi-weekly paid employees.
3. Nothing precludes the University, at its sole discretion, from providing compensation to individual ASEs at salaries that exceed the maximum rate for their title on Tables 18, 19 and 20.
4. All rates described in this Article are reflective of a 100% rate, not a 50% rate. Effective the first full monthly pay period occurring no more than ninety (90) calendar days from ratification, the University shall implement the following general range adjustment:

B. ACADEMIC YEAR 2022-2023

Effective the first full monthly pay period occurring no more than ninety (90) calendar days from ratification, the University shall implement the following general range adjustment:

1. Teaching Assistant (TA)
   The single full-time annual salary rate for Teaching Assistants shall be increased by seven and one-half percent (7.5%).
2. Associate Instructor (AI)
   The 10/1/2021 Associate Instructor salary scale (Table 19) shall be increased by seven and one-half percent (7.5%).
3. Teaching Fellow
   The single full-time annual salary rate for Teaching Fellow shall be established at $59,346, which is approximately an 8.9% increase.
4. All other ASE titles
   1. The University shall increase the wage ranges for all other salaried ASEs by 7.5%.
   2. Effective the first full bi-weekly pay period occurring no more than ninety (90) calendar days from ratification, the University shall increase the wage rates for hourly ASEs by $1.50 per hour.

C. ACADEMIC YEAR 2023-24

1. Implementation of Experience-Based Salary Points

Beginning in Fall Term 2023, the Experience Based Salary Wage Schedule shall be implemented. Teaching Assistants and Associate Instructors shall be placed on the new Experience Based Salary Wage Schedule as follows:

1. Teaching Assistant
   1. The University will increase the TA rate to $58,250, which is approximately a 16.5% increase.
   2. Two (2) new salary points will be added with 3.0% increments between salary points.
   3. If a Teaching Assistant has University teaching experience at 25% FTE or more per term at their campus of 3 quarters/2 semesters, they shall be placed on salary point 2 upon their first teaching appointment on or following the 2023-2024 Fall term.
   4. If a Teaching Assistant has University teaching experience at 25% FTE or more per term at their campus of 6 quarters/4 semesters, they shall be placed on salary point 3 upon their first teaching appointment on or following the 2023-2024 Fall term.
2. Associate Instructor
   1. The University will increase salary point 1 on Table 19 to $61,030, which is approximately a 16.5% increase.
   2. Table 19 shall be restructured to have uniform 3.0% increments between each two sequential salary points, resulting in a 7-point salary scale.
   3. Current Associate Instructors will be placed on the new salary scale at the nearest point on or above their range adjusted full-time salary rate.
   4. If an Associate Instructor has University teaching experience at 25% FTE or more per term at their campus of 6 quarters/4 semesters, they shall be placed on salary point 3, unless already placed on a higher salary point.
   5. If an Associate Instructor has advanced to candidacy and has University teaching experience at 25% FTE or more per term at their campus of 6 quarters/4 semesters, they shall be placed on salary point 5, unless already placed on a higher salary point.

2. Teaching Fellows and other salaried ASEs

The University shall increase the salary rates for Teaching Fellows and other salaried ASEs by approximately 16.5% to $69,139, excluding Teaching Assistants and Associate Instructors.

3. Readers, Tutors and other hourly ASEs

The University shall increase the wage rates for hourly ASEs by $1.00 per hour.

D. ACADEMIC YEAR 2024-2025

1. The University shall increase the wage ranges for all salaried ASEs by 16.7%.
2. The University shall increase the wage rates for hourly ASEs by $1.00 per hour.

E. Above-Scale ASEs

During the life of the Agreement, ASEs paid at a rate above the maximum for their title on Tables 18, 19 and 20 shall receive a 2% annual increase on October 1st or will be placed on the appropriate salary point on the corresponding table for their title, whichever increase is greater.

Article 32B – Special Wages

(applicable to Berkeley, Los Angeles, and San Francisco)

A. GENERAL PROVISIONS

1. The actual salary ranges/rates following application of any range adjustments applied pursuant to this Article may vary slightly due to rounding.
2. Implementation of the prospective annual increase shall coincide with the first full monthly pay period in the Fall term commencing with October 1st for monthly paid employees and the first pay period commencing after October 1st for bi-weekly paid employees.
3. Nothing precludes the University, at its sole discretion, from providing compensation to individual ASEs at salaries that exceed the maximum rate for their title on Tables 18, 19 and 20.
4. All rates described in this Article are reflective of a 100% rate, not a 50% rate.

B. ACADEMIC YEAR 2022-2023

Effective the first full monthly pay period occurring no more than ninety (90) calendar days from ratification, the University shall implement the following general range adjustment:

1. Teaching Assistant (TA)
   The single full-time annual salary rate for Teaching Assistants shall be increased by seven and one-half percent (7.5%).
2. Associate Instructor (AI)
   The 10/1/2021 Associate Instructor salary scale (Table 19) shall be increased by seven and one-half percent (7.5%).
3. Teaching Fellow
   The single full-time annual salary rate for Teaching Fellow shall be established at $59,346, which is approximately an 8.9% increase.
4. All other ASE titles
   1. The University shall increase the wage ranges for all other salaried ASEs by 7.5%.
   2. Effective the first full bi-weekly pay period occurring no more than ninety (90) calendar days from ratification, the University shall increase the wage rates for hourly ASEs by $1.50 per hour.

C. ACADEMIC YEAR 2023-24

1. Implementation of Experience-Based Salary Points

Beginning in Fall Term 2023, the Experience Based Salary Wage Schedule shall be implemented. Teaching Assistants and Associate Instructors shall be placed on the new Experience Based Salary Wage Schedule as follows:

1. Teaching Assistant
   1. The University will increase the TA rate to $58,250, which is approximately a 16.5% increase.
   2. Two (2) new salary points will be added with 3.0% increments between salary points.
   3. If a Teaching Assistant has University teaching experience at 25% FTE or more per term at their campus of 3 quarters/2 semesters, they shall be placed on salary point 2 upon their first teaching appointment on or following the 2023-2024 Fall term.
   4. If a Teaching Assistant has University teaching experience at 25% FTE or more per term at their campus of 6 quarters/4 semesters, they shall be placed on salary point 3 upon their first teaching appointment on or following the 2023-2024 Fall term.
2. Associate Instructor
   1. The University will increase salary point 1 on Table 19 to $61,030, which is approximately a 16.5% increase.
   2. Table 19 shall be restructured to have uniform 3.0% increments between each two sequential salary points, resulting in a 7-point salary scale.
   3. Current Associate Instructors will be placed on the new salary scale at the nearest point on or above their range adjusted full-time salary rate.
   4. If an Associate Instructor has University teaching experience at 25% FTE or more per term at their campus of 6 quarters/4 semesters, they shall be placed on salary point 3, unless already placed on a higher salary point.
   5. If an Associate Instructor has advanced to candidacy and has University teaching experience at 25% FTE or more per term at their campus of 6 quarters/4 semesters, they shall be placed on salary point 5, unless already placed on a higher salary point.

2. Teaching Fellows and other salaried ASEs

The University shall increase the salary rates for Teaching Fellows and other salaried ASEs by approximately 16.5% to $69,139, excluding Teaching Assistants and Associate Instructors.

3. Readers, Tutors and other hourly ASEs

The University shall increase the wage rates for hourly ASEs by $1.00 per hour.

D. ACADEMIC YEAR 2024-2025

1. The University shall increase the wage ranges for all salaried ASEs by 16.7%.
2. The University shall increase the wage rates for hourly ASEs by $1.00 per hour.

E. Above-Scale ASEs

During the life of the Agreement, ASEs paid at a rate above the maximum for their title on Tables 18, 19 and 20 shall receive a 2% annual increase on October 1st or will be placed on the appropriate salary point on the corresponding table for their title, whichever increase is greater.

Article 33 – Waiver

A.

The University and the Union acknowledge that during the negotiations resulting in this Agreement, each party had the opportunity to make proposals with respect to any subject matter not prohibited by law from the area of collective bargaining. This Agreement sets forth the full and entire understanding of the parties regarding the matters contained herein.

B.

Unless mutually agreed to otherwise, the University and the Union, for the life of this Agreement, each voluntarily and unqualifiedly waives the right, and each agrees that the other shall not be obligated to bargain collectively with respect to any subject or matter whether or not referred to or covered in this Agreement, even though such subject or matter may not have been within the knowledge or contemplation of either or both of the parties at the time they negotiated or signed this Agreement.

C.

The parties may mutually agree to negotiate changes to this Agreement. Such changes shall be reduced to writing and signed by both parties.

Article 34 – Workload

A. TEACHING ASSISTANT (TA)

1. For purposes of this article only, TA refers to Teaching Assistant, Special Reader, Teaching Fellow, and Associate Instructor. Assigned workload is measured by how many hours the University could reasonably expect a TA to take to satisfactorily complete the work assigned.
2. The workload for a TA appointment shall not exceed 20 hours per week averaged over the term of the appointment for a 50% appointment, or 10 hours per week averaged over the term for a 25% appointment.
3. If a TA believes their assigned workload exceeds the limits in this section, the TA shall immediately communicate their concerns to their supervisor.

B. READER AND TUTOR

1. Readers and Tutors are paid on an hourly basis and shall not work more than the number of hours for which they are paid.
2. If a Reader or Tutor believes they are being asked to work more hours than they are being paid for, they shall immediately communicate their concerns to their supervisor.

C. WORKLOAD COMPLAINT PROCEDURE

1. ASEs who believe their workload exceeds the limits in this Article may file a workload complaint with their department or hiring unit.
2. If the complaint is not resolved at the department level, the ASE may file a complaint with the campus labor relations office.
3. Workload complaints shall be resolved through expedited arbitration if not resolved through the complaint procedure.

Article 35 – Workspace and Instructional Support

A.

The University shall provide access to required facilities, services, texts and instructional support. Access to required facilities, services, texts, and instructional support will not be unreasonably denied. These required facilities, services, texts and instructional support may include, if applicable:

1. Office and desk space, telephone,
2. Keys, if necessary,
3. Mailbox,
4. Computers, if necessary,
5. Instructional technology and training, if necessary,
6. Texts and course materials,
7. Photocopying,
8. Art/performance studio space.

Article 36 – Duration

A. DURATION

1. The terms and conditions of this Agreement shall remain in full force and effect commencing upon ratification by the parties, and shall terminate at 11:59 a.m. on May 31, 2025.
2. Neither party shall have any duty to meet and confer for the purpose of modifying terms and conditions of the Agreement.

B. SUCCESSOR AGREEMENT NEGOTIATIONS

1. No later than December 1, 2024, the Union shall notify the University if it intends to open the Agreement for successor negotiations.
2. The University shall have until December 15, 2024 to notify the Union if it intends to open the Agreement for successor negotiations.
3. If neither party notifies the other of its intent to open the Agreement for successor negotiations, the Agreement shall remain in full force and effect and the procedures in Section C below shall apply.
4. If the conditions under B.1. and B.2 are met, the Union shall provide the University with written notice of its selected article(s) and a list of bargaining team members by no later than January 14, 2025.
5. If the conditions under B.1., B.2., and B.4. are met, the University shall provide the Union with written notice of its selected article(s) by no later than January 28, 2025.
6. By February 4, 2025, the parties shall set a mutually agreeable start date for the commencement of negotiations.

C. CONTINUATION OF AGREEMENT

1. In the event that neither party gives timely notice as set forth in this section, this Agreement shall remain in effect on a year-to-year basis, from June 1st until the following May 31st.
2. In the event that the Agreement continues in this manner, the parties shall provide written notice of selected articles and a list of bargaining team members for a successor Agreement no later than December 1 st of the applicable academic year. Thereafter, the parties shall follow the requirements for negotiations of a successor agreement as set forth in Section B., above.

Appendix A – Step 2 Grievance Form

[This section contains a form for filing a Step 2 Grievance. Key fields include: Grievant's Name, Hiring Unit/Department, Contact Information, Representative's Name and Organization (UAW), a description of the alleged violation of the agreement including specific articles and sections, dates, and the requested remedy.]

Appendix B – Panel of Arbitrators

(alphabetical order)

1. Sara Adler
2. Mark Burstein
3. Chris Cameron
4. Doug Collins
5. Ann Andrews Ellis
6. Kathy Fragnoli
7. Matthew Goldberg
8. Robert Hirsch
9. Fred Horowitz
10. Dennis Isenberg
11. Najeeb Nabil Khoury
12. Jill Klein
13. Michael Prihar
14. Angela Reddock-Wright
15. Paul Roose
16. Jan Stiglitz
17. David Weinberg

Appendix C – Membership Enrollment Form

[This section contains the UAW Membership Election & Dues Deduction Authorization Form. It welcomes new Academic Workers to the union, outlines key benefits won (pay increases, protections, healthcare), and provides a choice to either accept membership (authorizing a one-time initiation fee and monthly dues) or decline membership. It requires the worker's name, signature, contact info, and department.]

Appendix D – Joint Labor Management Committee – Workspace Accessibility

A. Objective

Provide an opportunity for the parties to discuss resources and strategies regarding workplace accessibility consistent with UC Policy and applicable law.

B. Joint Labor Management Committee

1. The Systemwide Committee shall be constituted and operate as follows:
   1. The UAW shall have one representative from each campus and two additional UAW staff representative. ASEs serving on the committee shall be provided release time for time the ASE would have otherwise worked on that day for the purpose of attending meetings, The University shall be represented by one representative per campus location and two representatives from the Office of the President.
   2. The parties may invite guests, including but not limited to subject matters experts and/or bargaining unit members to attend Joint Committee meetings, provided there is advance notice.
   3. The Joint Committee shall meet every six months either in-person, alternating between Northern California and Southern California, or over a remote platform. The parties will jointly agree to dates and meeting locations. Should the parties agree to hold additional meetings, they must be by mutual agreement.
   4. The UAW shall initiate the meeting by communicating interest to the Office of the President Labor Relations, including the names of the UAW members of the Committee. Provided notice is given to the University no less than thirty (30) calendar days prior to the scheduled meeting, the UAW Committee members shall be released as in B. 1. A. above.
   5. The UAW shall propose agenda items for the meeting no later than ten (10) calendar days prior to the meeting. If there are no agenda items proposed, the meeting shall be canceled or rescheduled.
2. The first meeting shall be no later than 120 days from ratification.
3. The UAW Committee members will be released for the meetings, provided there is ample notice.

C. JLMC Agenda

The Agenda may include but not be limited to the following topics:

1. Policies regarding accommodation/accessibility needs;
2. Information available to bargaining unit members regarding processes to meet workplace accessibility;
3. Aggregate, anonymized data regarding accommodation requests based upon the current reporting tools;
4. Aggregate, anonymized data regarding implemented accommodations based upon the current reporting tools;
5. Campus best practices and implementation guidelines.

D.

Local concerns may be discussed in accordance with Article 17 – Labor Management Meetings.

Appendix E – Sample Appointment Letter

(coming soon)

Appendix F – Academic Student Employees Participation in the Retirement Savings Program

Academic Student Employees are required to contribute to the University of California Defined Contribution Plan (DC Plan) as Safe Harbor participants unless they are students whose wages from University employment are exempt from taxation under the Federal Insurance Contribution Act (FICA)1 and / or nonresident aliens with F-1 or J-1 visa status or whose wages are subject to foreign (i.e., their home country) taxes or contributions under a Social Security totalization agreement. Academic Student Employees contribute 7.5% of gross salary to the University of California Defined Contribution Plan (up to Social Security wage base) in lieu of Social Security taxes, and are not eligible for membership in the University of California Retirement Plan (UCRP). They also contribute 1.45% of total gross earnings to Medicare.

In addition, the University of California's Retirement Savings Program (RSP) provides employees with a way to save voluntarily for their future. The RSP consists of three defined contribution plans: the Tax-Deferred 403(b) Plan, the 457(b) Deferred Compensation Plan, and the DC Plan. Students normally working less than 20 hours per week are not eligible to voluntarily participate in the RSP plans. Contributions are deposited into individual RSP accounts for each employee and are invested in the fund(s) selected by the participant. The investment options include:

• A broad range of professionally managed funds that are monitored by the UC Investments team. Participants may invest outside of the core fund menu through a Fidelity brokerage account.
• If a participant does not actively select a fund(s), contributions are invested in the UC Pathway Fund with a target date near the participant's expected retirement date.

The myUCretirement.com website provides information and resources to help participants make decisions about their investments. ...

FOOTNOTE

1. To qualify for exemption from mandatory contributions made as a Safe Harbor participant into the DC Plan, Academic Student Employees must meet the following criteria:

• Be enrolled in the applicable minimum number of units
• Undergraduates – a minimum of six units.
• Graduate students – the half-time enrollment requirement established at each campus.
• Graduate students enrolled and approved for advancement to doctoral candidacy (i.е., Doctoral II students) are not subject to a units requirement during the academic year, as the preparation of a dissertation satisfies the half-time enrollment requirement.
• Have a total active appointment percentage, including both fixed and variable appointments, of less than 8% time for the month or any partial period within the month.

Appendix G – UC Berkeley – EECS and Data Science UGSI Free Remission and Staffing

The parties agree to the following regarding the development of a long-term model for the staffing and fee remission of Academic Student Employees (ASEs) at UC Berkeley Campus.

A.

The parties agree to negotiate a Side Letter to the UC-UAW collective bargaining agreement to address increasing ASE staffing for courses in the EECS department and courses in Data Science. The Side Letter may include additional departments and courses as agreed to by the parties.

B.

It is the intent of the parties to discuss the work intensity, improve working conditions, decrease wait times for instructional services, and improve the overall quality of instruction of ASEs in certain courses.

C.

The negotiations will begin no later than thirty (30) days within ratification and conclude by February 1, 2023. The parties may mutually agree to extend these timelines.

D.

If the parties have not reached an agreement within the agreed upon deadline, the parties shall engage in mediation to try to reach an agreement. The parties shall request either a state mediator or choose a different mediator no later than fifteen (15) days after the passing of the agreed upon timeline. Mediation shall occur within thirty (30) days of the request for a mediator, unless another timeline is mutually agreed to.

1. If a settlement is reached in mediation, the settlement shall be in writing and signed by the parties.
2. If no agreement is reached, then the parties shall follow the collective bargaining agreement regarding fee remission for any UGSIs and any previously agreed to staffing models may be revised at the sole discretion of the University.

E.

The University and the Union shall hold at least one (1) joint Town Hall meeting within thirty (30) days of ratification. The Town Hall shall include representatives from the undergraduate student community. The parties shall mutually develop the agenda of the Town Hall.

F.

The parties shall meet to negotiate the scope, timeline, and cost of the University providing necessary and relevant information related to negotiating the Side Letter within fifteen (15) days of ratification. The Union shall withdraw Unfair Practice Charge No. SF-CE-1399-H.

Side Letter – Withdrawal of Grievances, Requests for Information, and Unfair Labor Practice Charges

The UAW shall withdraw all grievances regarding ASE pay and benefits filed on 10/31/2022. The UAW shall withdraw all current bargaining-related Requests for Information. The UAW shall withdraw all current unfair labor practice charges, including the following:

• SF-CE-1342
• SF-CE-1334
• SF-CE-1352
• SF-CE-1358
• SF-CE-1359
• SF-CE-1363
• SF-CE-1364
• SF-CE-1367
• SF-CE-1369
• SF-CE-1370
• SF-CE-1371
• SF-CE-1372
• SF-CE-1373
• SF-CE-1374
• SF-CE-1376
• SF-CE-1381
• SF-CE-1382
• SF-CE-1384
• SF-CE-1385
• SF-CE-1391
• SF-CE-1392
• SF-CE-1393
• SF-CE-1394
• SF-CE-1395
• SF-CE-1396
• SF-CE-1397
• SF-CE-1398
• SF-CE-1399
• SF-CE-1400
• SF-CE-1401
• SF-CE-1402
• SF-CE-1403
• SF-CE-1404
• SF-CE-1406
• SF-CE-1407

UAW promises never to file or cause to be filed a lawsuit, PERB proceeding, or internal University or external administrative proceeding to assert any claim based on the specific facts alleged in any of the above-mentioned charges.

Side Letter – Agreement

1. This side letter is intended to assist the parties in transitioning into the new collective bargaining provisions in the wage articles.
2. The UAW and the University shall meet on January 18, 2023, to discuss the process for converting student support funds (“top ups) into wages.
3. Agreements reached shall be reduced to writing.

Side Letter – Expansion of Paid Short-Term Leave

Effective January 1, 2025

Effective January 1, 2025, the terms of this Side Letter Agreement modify, and should be read in conjunction with Article 18, Leaves, of the BX Agreement and Article 17, Leaves of the BR Agreement.

A. EXPANDED ELIGIBILITY FOR PAID SHORT-TERM LEAVE

Although Article 18, Section C.1, of the BX Agreement and Article 17, Section C.1, of the BR Agreement define eligibility for short-term leave, this Side Letter modifies those Articles to expand eligibility for paid short-term leave to hourly ASEs.

1. A bank of two (2) short-term leave days is available at the start of the quarter or three (3) days at the start of the semester and does not carry over.
2. The paid short-term leave bank is distinct and separate from long-term leave as described in Article 18, Section D (ASEs) and Article 17, Section D (GSRs).

B. EXPANDED USE OF PAID SHORT-TERM LEAVE

1. Paid short-term leave shall be used for the purposes specified in the BX and BR agreements (including those listed in Article 18, Section C.2., Leaves, in the BX Agreement, and in Article 17, Section C.2., Leaves, in the BR Agreement), and including for the ASE/GSR's diagnosis, care, or treatment of an existing physical or mental health condition; or preventive care. For an ASE/GSR who is a victim of domestic violence, sexual assault, or stalking, those purposes outlined in Section B.3 below.
2. Paid short-term leave can also be used for diagnosis, care, or treatment of an existing physical or mental health condition of, or preventive care for, an ASE/GSR's child regardless of age or dependency status, parent, spouse, domestic partner, sibling, grandparent, grandchild, designated person, or persons residing in the ASE/GSR's household. Although Article 18, Section H, of the BX Agreement and Article 17, Section H, of the BR Agreement define family members, this Side Letter amends these Articles to expand that definition for paid short-term leave. For paid short-term leave purposes:
   1. "Designated person" is a person identified by the ASE/GSR at the time the ASE/GSR requests paid short-term leave. ASE/GSRs are limited to one designated person per calendar year.
   2. In-laws or step relatives in the relationships listed, including relatives of the domestic partner who would be covered if the domestic partner were the ASE/GSR's spouse, are also covered.
   3. "Child" also includes an adopted or foster child, legal ward, or a child to whom the ASE/GSR stands in place of a parent (in loco parentis).
   4. "Parent" also includes an adoptive parent, foster parent, or legal guardian.

Side Letter – Contract Extension

University of California / UAW BR BX - November 15, 2024

1. Compensation

1. All bargaining unit salary scales shall receive a percentage-based increase in alignment with the provisions of Article 32 of the BR contract and Article 32A and 32B of the BX contract.
2. Percentage-based salary scale increases:
   1. 4% wage increase effective October 1, 2025 and the first pay period commencing after October 1st for bi-weekly paid employees.
3. In accordance with BR Article 32 - Wages, Section B.3.b, experience for placement effective October 1, 2025, shall be counted as of June 30, 2025.

2. Transitional Position Pilot Program

1. The University proposes implementation of a system-wide Transitional Position Pilot Program that runs concurrently and expires with the expiration of the collective bargaining agreement.
2. The Transitional Position Pilot Program will be implemented at each location within 90 days of ratification consistent with the requirements below. Graduate student employees who are selected will receive up to one quarter/semester of a transitional position as an ASE or GSR subject to all the terms and conditions of the appropriate collective bargaining agreement and subject to the conditions outlined below:
   1. UCLA, UCSD, UCB, UCI, UCD: Up to 6 graduate student employees per year per location will receive a transitional position, with a financial cap of $70,000 per year at each of these locations to fund this program.
   2. UCR, UCM, UCSF, UCSB, UCSC, LBNL: Up to 6 graduate student employees per year per location will receive a transitional position, with a financial cap of $35,000 per year at each of these locations to fund this program.
3. Up to six graduate student employees per year per location will receive a transitional position; i.e., two graduate student employees per quarter or three graduate student employees per semester per campus.
4. The goal of the program is to provide student employees, who have PI-funded appointments, a new transitional position. Graduate student employees are eligible for this program who meet the following criteria:
   1. Are in good employment standing, including conduct and performance.
   2. Are dependent on their Principal Investigator for employment.
   3. Have been with their Principal Investigator for at least three quarters/two semesters (or the equivalent amount of time).
   4. The graduate student employee has made a clear argument, corroborated by the department, that there is an irreparable employment-related conflict in the supervisor-supervisee relationship and that the supervisor relationship is beyond repair for reasons outside of the graduate student employee's control, or that the graduate student employee's PI left the University.
   5. Has not previously received a transitional position.
5. Graduate student employees will be selected for a transitional position based on an application process established at each location.
6. Depending on the reason for and timing of the transition, the graduate student employee's original PI may ask the graduate student employee to finish wrapping up work assignments even if the graduate student employee has already transitioned to a new work assignment.
   1. In no case will a graduate student employee who receives a transitional position be asked to continue work at their former lab/unit for longer than a period of two weeks.