UC LAW SAN FRANCISCO STUDENT WORKER CONTRACT

Certifications

The College hereby recognizes the International Union, United Automobile, Aerospace and Agricultural Implement Workers of America (UAW), AFL-CIO and its Local Union as the exclusive representative for matters within the scope of representation for all students who are enrolled at University of California College of the Law, San Francisco (“UC Law”) who are employed by UC Law, as certified by the Public Employment Relations Board (PERB) in petition number SF-RR-1042-H, including but not limited to the following titles:

1. Admissions Fellows
2. Discussion Group Leaders
3. Discussion Group Leader Facilitators
4. Events Coordinators
5. Legal Education Opportunity Program Tutors
6. Legal Research & Writing Teaching Assistants
7. Legal Research Assistants
8. Library Circulation Desk Assistants
9. Moot Court Board Members
10. Note Takers
11. Research Assistants
12. Research Fellows
13. Sack Fellows/Sack Teaching Fellows
14. Skills Fellows
15. Teaching Assistants

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

General Provisions

The College shall provide reasonable accommodation to Student Workers who are disabled or become disabled and need assistance to perform the essential functions of their jobs. The College will engage with any Student Worker in the interactive process as defined in law, which is a good-faith process in which the College and the employee engage in an individualized assessment of the job and the mental or physical limitations that are directly related to the need for an accommodation. The interactive process shall be used to determine what, if any, accommodation(s) will be made and to monitor the continuing effectiveness of the accommodation.

Nothing in this Article will prevent the College from providing accommodations, temporary work adjustments and other support to Student Workers beyond what is required by law.

The Interactive Process

When a Student Worker requests accommodation for a disability, the parties will engage in the interactive process, which is an ongoing dialogue between the Student Worker and appropriate College representatives (e.g., supervisor, departmental administrator, department or unit head, and/or a disability management representative from Disability Resource Program) about possible options for accommodating the Student Worker’s disability. The student worker may bring a support person, who may be a Union representative or any other person who has not been designated as supervisorial, managerial or confidential within the meaning of the Higher Education Employer-Employee Relations Act to the interactive process. This process shall commence within ten (10) calendar days of the Student Worker requesting an accommodation.

Both the College and the Student Worker are expected to participate in the interactive process in good faith, which includes engaging in timely communications regarding possible reasonable accommodation.

General Provisions

1. Upon acceptance of a Student Worker (SW) position, the SW will receive a Written Notice of Appointment.
2. A Written Notice of Appointment is an official document which meets the requirements of Sections B and C below.

Written Notice of Appointment

1. Timing of Written Notice of Appointment

   A Written Notice of Appointment will be issued at least twenty-one (21) days prior to the commencement of an appointment or as soon as practicable after a student is offered and accepts an SW position. The parties acknowledge that for many positions it is not practicable to issue a Written Notice of Appointment twenty-one (21) days in advance; for example, recruitment and selection for positions that commence with the beginning of classes may not be completed until shortly before the positions commence given the absence of students from campus during the summer; research questions for which professors seek assistance may arise on short notice; and work on grants may need to begin soon after the grant is awarded.

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 and any other benefits,
   5. hiring unit,
   6. hiring unit contact,
   7. response requirements,
   8. a statement that the position is covered by the collective bargaining agreement between the parties,
   9. the time and place of any applicable new SW orientations,
   10. a direct link to the UAW website,
   11. a statement that the SW may contact the UAW for assistance,
   12. the faculty member or supervisor to whom the individual will report if known,
   13. the location where the work will be performed if known,
   14. the class assigned if applicable,
   15. a description of required duties (and other relevant documents),
   16. a statement that by acceptance of the appointment, the Student Worker releases all information otherwise covered by the Family Educational Rights and Privacy Act (FERPA) that is necessary and relevant to the Union for the purposes of collective bargaining under the Higher Education Employer-Employee Relations Act (HEERA).

Additional Information for Written Notices of Appointment

The College may provide additional information in appointment letters.

General Provisions

1. Nothing shall preclude the College from providing compensation at rates above those required in this Article. Decisions relating to compensation beyond the minimum shall not be grievable.
2. As used in this Agreement, “Student Worker” shall mean an enrolled student who is an employee of UC Law.

Compensation for Different Positions

1. Teaching Assistants

   1. Teaching Assistants shall be positions in which a Student Worker assists in the delivery of a course or a co-curricular program, which positions are structured to satisfy requirements for at least one academic credit for the duration of a semester. This category shall include Teaching Assistants employed in the Legal Research and Writing Department (LRW), Appellate Advocacy Teaching Assistants, OASIS Sack Fellows & Advanced Sack Fellows, OASIS/Academic Support Discussion Group Leaders, OASIS/LEOP Tutors, and Teaching Assistants employed to assist in other courses who are eligible for credit.
   2. A Teaching Assistant shall receive a stipend of one-thousand dollars ($1,000) per semester. The stipend shall be paid no later than the fifteenth (15th) week of the semester. If a Teaching Assistant does not complete the semester, then the stipend will be paid pro rata based on the portion of the semester of work completed.

2. DRP Notetakers

   Students hired to format and share their class notes for use by the Disability Resource Program shall be compensated based on the number of credits awarded for the relevant class, as follows: one-hundred and six dollars and nine cents ($106.09) per credit.

3. All other Student Workers shall be compensated on an hourly basis.
4. Student Workers compensated on an hourly basis shall be paid twenty-one dollars per hour ($21/hour); provided that the amount shall also always be at least nine and one-half percent (9.5%) above the minimum wage applicable in San Francisco and will rise as necessary with that minimum wage.
5. For clarity, except as otherwise specified in this Article, student engagement in curricular and co-curricular activities, such as roles on College journals and faculty or other College governance committees or working groups, and in student organizations, independent research for-credit faculty-directed research, clinics, externships and pro bono opportunities, shall not be compensated; provided, however, that the College in its discretion may create compensated roles associated with any of these programs and activities.

General Provisions and Definitions

1. Student Workers shall not be subject to discipline without just cause.
2. Discipline as used in this Article refers to a written warning, a suspension or discharge taken based on job-related misconduct or job-related poor/non-performance; nothing in this Article limits or applies to determinations by the College to dismiss a Student Worker from the College or to take an adverse action against a Student Worker for academic reasons, including but not limited to grades, academic assessments, and authorship decisions or for non-job-related disciplinary reasons. The Union acknowledges that an individual who ceases to be an enrolled student in any category set forth in the Recognition clause cannot continue to serve as a Student Worker.
3. Discipline is further defined as the following actions:
   1. A “written warning” is a communication that informs the Student Worker of the nature of the misconduct or deficiency, the method of correction, and the probable consequence of continued misconduct or deficiency. A written warning shall not require the process set forth in the rest of this Article, nor shall it be grievable. A written warning is to be distinguished from an informal spoken warning. SW's will have the opportunity to respond to written warnings in writing, and have that response included in their personnel file.
   2. A “suspension” 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. “Discharge” is the termination of an appointment initiated by the College prior to the ending date of appointment. The level of discipline in any instance shall be determined by the College in its discretion depending on the circumstances.
4. For clarity, Discipline does not include the non-reappointment of a Student Worker or the failure to offer an employment appointment to a Student Worker or anyone else, or counseling memoranda, written records of discussion, performance improvement plans, performance evaluations and workplace assessments conducted in the ordinary course. Such actions, in and of themselves, are not discipline, nor are they grievable.

Notice of Intent

The College shall provide written notice of intent, as described below, for any suspension or discharge.

1. Written notice of intent shall be given to the affected Student Worker in the unit, either by delivery of the notice to the Student Worker in person, or to the Student Worker’s official College email address.
2. Whether delivery is made in person or by email, 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 emailed. Such date of delivery or mailing shall be presumed to be the date of issuance of the notice of intent.
3. The notice of intent shall:
   1. inform the Student Worker of the suspension or discharge proposed, the reason for the proposed action, including applicable documentation, if any, and the effective date(s) of the action;
   2. inform the Student Worker of the right to respond and to whom to respond to within the applicable time limit in accordance with Section C; and
   3. inform the Student Worker of the right to representation by a Union representative and that the College will convey the notice of intent to the Union unless the student requests otherwise within twenty-four (24) hours; and provide contact information for the Union.

Response to Notice of Intent

The Student Worker shall be entitled to respond, orally or in writing, to the notice of intent described above. A written response must be received within seven (7) calendar days from the date of the issuance of such notice of intent (the Date of Issuance). Alternatively, the Student Worker may request within three (3) calendar days of the Date of Issuance to provide an oral response, and a meeting for that purpose will be scheduled to occur within ten (10) calendar days of receipt of the Date of Issuance. If the Student Worker wishes to give an oral response, the Student Worker may be accompanied by a Union representative but will speak for themselves. The College shall review any timely responses received.

Decision by College

1. After review of a timely response, if any, the College shall notify the Student Worker of any action to be taken and its effective date, or that no action will be taken, as well as the rights set out under Article 08 – Grievance and Arbitration (the Notice of Action). The Notice of action shall be issued within fourteen calendar days from the Date of Issuance, or seven (7) days from the College’s receipt of the Student Worker’s response, if any, whichever is later. This date may be extended by the College if additional time is needed for investigation or review.
2. Such action may not include discipline more severe than that included in the written notice of intent; however, the College may reduce such discipline without the issuance of a further written notice of intent.
3. If the Student Worker has indicated they are being represented by the Union, the notice shall be sent to the UAW via email or US Postal Service.

The College may suspend a Student Worker on an interim basis during the pendency of the process described in this Article, in order to review or investigate allegations of misconduct or dereliction of duty which, in the judgment of the College, warrants immediately relieving the Student Worker from all work duties and/or removing the Student Worker from the premises. The College will reimburse the Student Worker for lost wages during such suspension if the action taken in the Notice of Action does not include suspension or dismissal; or in the event the action taken in the Notice of Action is a suspension, for any days that the interim suspension exceeds in length that action.

Nothing in this Article shall prevent the College from relieving a Student Worker from work duties with pay during the pendency of the process described above or for any other reason or time period.

Employment Files

“Employment file” shall be defined as information (including reports, documents, correspondence and other materials in their entirety or redacted portions) pertaining to a Student Worker’s employment in the bargaining unit. Materials related exclusively to a student’s academic progress, including, but not limited to their academic portfolio, studies, course, and grades shall not be considered part of the employment file.

1. The College shall designate the location where Student Workers or their designated representatives may obtain access to the Student Worker’s employment file(s).
2. Student Workers will be notified that employment files are established and maintained for Student Workers and new material may be added periodically during the term of their employment. Student Worker shall be copied on additions to their official employment file.
3. Additionally, an Student Worker may make a request to their supervisor to add information related to their Student Worker performance to their employment file. Such requests shall be made no later than thirty (30) calendar days following the conclusion of each term.
4. A Student Worker 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 (1) calendar year from the date of authorization. The designee shall have access to all employment information in the file(s).
5. The College shall provide a Student Worker or their representatives access to or a copy of the Student Worker’s employment file(s) as soon as practicable, but no later than seven (7) calendar days, following the College’s receipt of a written request.
6. If a Student Worker 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 Student Worker has thirty (30) days from the date the Student Worker 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 Student Worker may request correction of the file(s) within thirty (30) calendar days of discovery. If a Student Worker is no longer employed when the factual non-evaluative information is placed into the file, they have thirty (30) days from the date the Student Worker 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, grievance responses, and settlement documents shall not be placed in the Student Worker’s employment file(s).

Employment Evaluations

1. “Employment evaluation” is the faculty member or supervisor’s written assessment(s) of a Student Worker’s employment performance.
2. The College shall communicate evaluation criteria and procedures for written employment evaluations, if any, to employees and the UAW any time upon request.

The parties are committed to the freedom of speech and expression at the College, in support of core College values of maintaining a culture of open dialogue, free exchange and expression of ideas, and robust intellectual debate and discussion.

The College’s “Interim Policy on Free Speech”, “Events Policy” and “Flyers, Bulletin Boards, and Postings” policies and any successor policies (the “Speech Policies”) shall not proscribe protected, concerted union activities as defined by the Higher Education Employer-Employee Relations Act (HEERA).

The Union and the College agree that no further bargaining is required regarding the Speech Policies in their current forms. The Union shall be notified regarding any changes to the Speech Policies in advance of their implementation and afforded the opportunity to bargain as it may pertain to concerted union activities, including but not limited to picketing, tabling, rallying, protesting, or assembling.

No College policy may coerce, influence, or attempt to coerce or influence a member by threat of discipline or loss of employment from following or refraining to follow/adopt any particular political action or activity. For clarity, this provision does not limit the viewpoint-neutral application of a viewpoint-neutral policy, standard or work expectation.

General Provisions

1. A grievance is a claim by an individual Student Worker, a group of Student Workers, the UAW, or the College, that a specific provision of this Agreement was violated. during the term of this Agreement or extensions of it. Decisions or judgments by the College related to all academic matters and policies shall not be subject to the grievance procedure. Grievances may be submitted by a Student Worker, the Union or the College.
2. Grievances shall be submitted on a form attached as an appendix to this Agreement (Appendix A – Grievance Form).
3. A Student Worker may be represented at all steps of the grievance procedure by the UAW, another representative, or be self-represented, or by any person of the Student Worker’s choice, other than a College employee outside of the Student Worker bargaining unit or who has been designated as supervisorial, managerial or confidential within the meaning of the Higher Education Employee-Employer Relations Act. The representative may be assisted by another person other than a College employee outside of the Student Worker bargaining unit or who has been designated as supervisorial, managerial or confidential within the meaning of the Higher Education Employee-Employer Relations Act.

Grievances by the Union or a Student Worker

1. Step 1

   1. The Union or a Student Worker, with or without a representative, may file a grievance in writing to the Student Worker’s immediate supervisor within thirty (30) calendar days after the Student Worker or Union had knowledge or should have had knowledge of the occurrence or failure of occurrence on which the grievance is based. In the case of a continuing violation, any remedy awarded to the Student Worker or the Union may extend to the period commencing no earlier than thirty (30) calendar days prior to the date the grievance was first filed in writing. Under no circumstances shall relief be awarded for any period preceding this timeframe. This limitation applies regardless of when the continuing violation is determined to have begun.
   2. The parties shall attempt to resolve the grievance informally. The grievance shall cite the specific provisions of the contract alleged to be violated, the specific facts upon which the grievance is based, and the remedy requested. If the parties are unable to resolve the grievance informally, the person to whom the written grievance is addressed shall respond to the grievance in writing within fourteen (14) calendar days of the Union’s or Student Worker’s submission of the grievance to them. If the person to whom the grievance is addressed does not respond within said fourteen (14) calendar days, the grievance shall be deemed denied and it shall automatically proceed to Step 2. Grievances involving College-wide issues or grievances not resolvable by an immediate supervisor may be filed directly at Step 2.

2. Step 2

   1. If the grievance is not settled at Step 1 or there is no response, it may be presented in writing to the Office of Human Resources within fourteen (14) calendar days after the Step 1 answer is received or should have been received if no answer was given; otherwise, the grievance shall be waived. The Executive Director of Human Resources or their designee shall schedule a hearing on the grievance within fourteen (14) calendar days after they receive it and shall issue their written answer thereto within fourteen (14) calendar days after the hearing has been held. In the event no hearing is held, or no response is received, or if the parties have waived the hearing, the grievance shall be deemed denied, and the Union may submit the grievance to arbitration as set forth in Section E.
   2. Only the Union may file a grievance on the following:
      1. The College’s failure to provide Student Worker lists in accordance with Article 22 – Union Access and Rights, and Article 23 – Union Security.
      2. Failure to provide the necessary information to the Union as set forth in Article 23 – Union Security.

      Such a grievance will automatically commence at Step 2.

   3. The Union or a Student Worker may file a grievance by submitting it via email to OGC@uclawsf.edu, copy to humanresources@uclawsf.edu.

Grievances by the College

1. Step 1

   1. The College’s Executive Director of Human Resources or their designee, may submit a grievance to the Union within thirty (30) calendar days after the College had knowledge or should have had knowledge of the occurrence or failure of occurrence on which the grievance is based. In the case of a continuing violation, any remedy awarded to the College may extend to the period commencing no earlier than thirty (30) calendar days prior to the date the grievance was first filed in writing. Under no circumstances shall relief be awarded for any period preceding this timeframe. This limitation applies regardless of when the continuing violation is determined to have begun. The Union shall schedule a hearing on the grievance within fourteen (14) calendar days after they receive it and shall issue their written answer thereto within fourteen (14) calendar days after the hearing has been held. The Executive Director or their designee may be assisted during a hearing by another College employee who shall not be a member of the Union. In the event no hearing is held, or no response is received, or if the parties have waived the hearing, the grievance shall be deemed denied, and the College may submit the grievance to arbitration as set forth in Section E.
2. The College may submit a grievance by submitting it by email to the UAW representative and uclawsf@uc-uaw.org. The Union will notify the College of its representative for this purpose via email to OGC@uclawsf.edu and humanresources@uclawsf.edu.

Extensions of Time in Step 1 or 2

Following a timely submission of a grievance, each party may receive a seven (7) calendar-day extension of one deadline during the Step 1 or Step 2 process upon written notice to the other party, which must be delivered on or before the deadline in question. For clarity, such extensions are not available for the calculation of any remedy to be awarded for continuing violations beyond the thirty- (30-) calendar day period referenced in Sections B or C above or for the filing of an appeal to arbitration.

Appeal to Arbitration

Arbitration under this Agreement shall be limited to grievances that have been timely processed through the grievance procedure.

1. In the case of a Union or Student Worker grievance, the Union, and only the Union, and not any individual employee, may appeal a grievance to arbitration by serving a demand for arbitration on the College within thirty (30) calendar days after the date that the Step 2 answer was received, or, if not received, the date it would have been due (i.e. 28 days after timely submission at Step 1). A demand for arbitration must be served in writing on the College’s Executive Director of Human Resources or designee by email as a condition for processing the demand and must include a copy of the grievance.
2. In the case of a College grievance, the College’s Executive Director of Human Resources or designee may appeal a grievance to arbitration by serving a demand for arbitration on the Union within thirty (30) calendar days after the date that the Step 1 answer was received, or, if not received, the date it would have been due (i.e. 28 days after timely submission at Step 1). A demand for arbitration must be served in writing on the designated Union’s agent by email as a condition for processing the demand and must include a copy of the grievance.

Selection of the Arbitrator

1. The grieving party shall contact the other within thirty (30) calendar days of the appeal to arbitration in order to select an arbitrator from the panel set forth in Appendix B – Panel of Arbitrators. The arbitrator shall be selected within forty-five (45) calendar days from the date of the appeal.
2. If the parties cannot agree to an arbitrator from the panel, the parties shall alternately strike one name each from the list of 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. 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.

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 intended exhibits. These lists shall be subject to supplementation by the parties as reasonably necessary.
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, but new evidence or information that was previously unknown to and that could not have been known with reasonable diligence by a party and that is directly related to the grievance may be introduced.
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, the party filing the grievance shall have the burden of proceeding and the burden of proof, except that in actions taken pursuant to Article 05 – Discipline and Discharge, the College shall have these burdens. In all cases, the burden of proof is preponderance of the evidence.
6. Offers to settle a grievance and conduct or statements made during negotiations to settle a grievance shall not be admissible as evidence in an arbitration of that grievance.
7. The parties shall seek to reach agreement as to whether to conduct the arbitration hearing in-person or 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.
8. Except as otherwise set forth herein or as may be agreed to in writing by the parties, the arbitration will be administered by the rules of the American Arbitration Association.

Scope of Arbitrator's Authority

1. The Arbitrator shall have the authority only to settle disputes arising under this Agreement concerning the interpretation and application of specific section(s) and article(s) of the Agreement to the facts of the particular grievance presented to them. The Arbitrator shall be without authority to add to, subtract from or modify this Agreement or any supplement to it. Furthermore, the Arbitrator shall be without authority to consider or render decisions concerning any questions of academic judgment or decision-making or any aspect of a Student Worker’s status as a student. Only one grievance may be referred to and decided during a particular arbitration, unless otherwise agreed by the parties, in writing. The Arbitrator must render their decision within thirty (30) calendar days after the conclusion of the hearing or the submission of briefs, whichever is later, unless otherwise agreed by the parties. The decision of the Arbitrator within their authority shall be final and binding upon the Student Worker, the College and the Union.
2. If a Union or Student Worker grievance is sustained in whole or in part, the remedy shall not exceed restoring to the grievant the pay, benefits or contractual rights lost; except that in arbitration cases involving Article 09 – Health and Safety, the arbitrator may order the College to cease violations of Article 09 – Health and Safety.
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.

Time of the Essence

Time is the essence of this Article. Failure of a grievant to comply with any of the deadlines and time limits in this Article shall be deemed to be a waiver of a grievant’s rights to seek resolution of the grievance under the terms of this Agreement. Time limits may be extended in writing by mutual agreement of the parties at any step of the process, or as set forth in Section D. If the grievance is not appealed to the subsequent step of the procedure within applicable time limits, if they have not been mutually extended, the grievance will be considered settled on the basis of the other party’s written response. Failure by the College or Union to reply to the grievance within the time limits, if not mutually extended, grants the grieving party the right to process the grievance to the next step of the grievance procedure.

Release Time

1. The parties will endeavor to schedule grievance meetings that do not conflict with bargaining unit assignments of the grievant or the grievant’s representative (if they are a Student Worker) which cannot be rescheduled. If a grievance meeting called by the College occurs when the grievant or the grievant’s representative has a bargaining unit assignment which cannot be rescheduled, the grievant 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 or at the time dates and times for the meeting are being considered, whichever is later.
2. The parties will make efforts to schedule the testimony of SW witnesses when the SW witnesses do not have bargaining unit assignments that cannot be rescheduled. SW 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 SW has a bargaining unit assignment which cannot be rescheduled, provided the request for such leave is made at least five (5) calendar days in advance of the meeting or at the time dates and times for the meeting are set, whichever is later.

Selecting the Arbitrator Panel

1. The parties agree that there will be a standing panel of twenty-one (21) arbitrators to hear arbitration cases scheduled for hearing pursuant to the provision of this Article. If agreement cannot be reached on all twenty-one (21) 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:
   1. 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.
   2. In replacing an arbitrator who has been eliminated, declined to participate or resigned, or in adding (an) arbitrator(s) to complete the panel, the parties will exchange one nomination for each open position within thirty (30) calendar days of notice by one party to the other of the desire to fill the open positions on the panel. When there is an even number of open positions to be filled, the party selecting first shall be determined by the flip of a coin. The first time during the duration of this contract there is an odd number of open positions to be filled, the party selecting first shall be determined by the flip of a coin; and in any future instance when there is an odd number of open positions to be filled, the party selecting first shall be the party that did not select first the prior time an odd number of open positions was filled. In either case, after the first new arbitrator is selected, the parties will alternate selecting arbitrators for the remaining open positions. Any arbitrator eliminated may not be placed on the panel again without the consent of both parties.
3. The parties shall jointly send letters to arbitrators chosen for placement on the standing panel and shall request that they agree to participate and comply with the provisions of this Agreement.

The College shall maintain in safe working condition the assigned workplaces and equipment required to carry out assigned duties.

The College observes the following days as holidays:

1. January 1 (New Year’s Day)
2. Third Monday in January (Martin Luther King, Jr.’s Day)
3. Third Monday in February (President’s Day)
4. Friday of Spring Break (Spring Break Holiday)
5. Last Friday in March (Farmworkers Day Holiday)
6. Last Monday in May (Memorial Day)
7. June 19 (Juneteenth)
8. July 4 (Independence Day)
9. First Monday in September (Labor Day)
10. November 11 (Veterans Day)
11. Fourth Thursday in November (Thanksgiving Day)
12. Friday following Thanksgiving Day
13. Christmas Eve (December 24)
14. Christmas Day (December 25)
15. New Year’s Eve (December 31)

Holidays are set forth annually in the Academic Calendar. Unless alternate days are designated by the College, when a holiday falls on a Sunday, the following Monday is observed; and when a holiday falls on Saturday, the preceding Friday is observed. If the holiday falls on any other weekday, e.g., Juneteenth, that holiday is observed on the day that it falls.

Nothing in this Agreement shall preclude the College from establishing additional holidays.

The College shall not require a Student Worker to work on designated holidays. If an hourly student voluntarily agrees to work on a holiday, the student will receive holiday pay as set forth in Section E of this Article as well as their normal pay for hours worked.

Holiday Pay: Students will receive holiday pay on those holidays officially recognized by the College. Holiday pay will be calculated on a pro-rated basis, based upon the number of hours an employee works in the previous two pay period periods.

Student Workers will be afforded release time for the purposes of attending a visa, immigration or citizenship status hearing, proceeding or appointment for themselves. It is expected that a unit member will perform their job duties before or after their immigration activities, unless the supervisor determines this is not necessary.

The College will make reasonable efforts to request that a federal immigration agent or a Department of Homeland Security (DHS) agent comply with legal requirements before they interrogate, search or seize the person or property of any SW while the SW is working on the College’s premises and under the College’s control. In the event that the College is served with a validly executed search or arrest warrant, and the agent seeks to question the SW, the College shall make reasonable efforts to arrange for questioning to occur in as private a setting as possible in the College. Upon request of the Union, the College will inform the Union if the College knows of an immigration investigation regarding a SW, without disclosing any identifying information regarding the SW.

Should any change in laws or regulations relevant to these procedures, including but not limited to repeal of DACA, rescinding of TPS, travel bans, or any other change in immigration law or regulations, or a court ruling that sets forth any new interpretation pertaining to these procedures occur, then, at the Union’s or College’s request, the parties shall meet to determine whether any adjustments to these procedures are necessary to comply with the new legal requirements.

Except as required by law the College shall not infringe the privacy rights of Student Workers without their express consent, in connection with any immigration investigation or proceeding.

The College and the UAW may schedule up to six (6) meetings per year following written requests 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.

Military Leave

Student Workers 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 College policy.

Pregnancy Disability Leave

Under the California Pregnancy Disability Leave laws, childbearing Student Workers are entitled to unpaid leave for up to four (4) months per pregnancy and/or reasonable accommodation for pregnancy disability, childbirth, and related medical conditions.

Short-Term Leave

1. Paid Sick Leave

   Hourly-paid Student Workers are entitled to paid sick leave as set forth below.

   1. Sick leave is accrued at a factor of 0.046154 hours leave per hour on paid status (e.g., approximately two hours of sick leave per month for an employee on quarter-time pay status). A Student Employee will begin to accrue sick leave at the start of their appointment and accrued sick leave shall carry over across appointments. Accrued sick leave is credited and available for use on the next working day following the quadriweekly pay cycle in which it is earned, except that eligible separating employees earn proportionate sick leave credit through their last day on pay status.
   2. Sick leave may be used during Pregnancy Disability Leaves as set forth in Section B above and for absences as specified in paragraphs Section C.2.a, Section C.2.b, and Section D below. Sick leave may not be used before it is accrued or is otherwise available. A Student Worker will not be paid for sick leave and actual work in excess of the Student Worker’s scheduled hours of work for a given day or week.
2. Upon request from a Student Worker, and subject to the provisions of this Article, the College will grant a Student Worker’s reasonable request for leave of absence of appropriate duration due to:
   1. personal illness and/or disability;
   2. birth, adoption, or care of a child or family member as defined below in Section G;
   3. family emergencies; or
   4. appointments and/or hearings scheduled by federal immigration officials or the U.S. Department of State with respect to immigration or citizenship status of the Student Worker, spouse, domestic partner, child or parent in accordance with Article 11 – Immigration.

Bereavement Leave

The College will grant a Student Worker’s reasonable request for bereavement leave due to the death of a family member as defined in Section G. The period of leave for bereavement shall be up to three (3) business days per occurrence. Nothing in this Section shall preclude departments or hiring units from granting a longer period of paid bereavement leave when they determine the need to do so. A Student Worker may use accrued paid sick leave during bereavement leave if the leave falls during the Student Worker’s scheduled work hours.

Jury Duty

A Student Worker shall be eligible for jury duty leave when summoned for required jury duty service. Verification of actual jury duty service shall be provided by the Student Worker to the College upon request.

Other Leaves

Other leaves, including, but not limited to, leave for service to government agencies and leave to attend professional meetings may be granted with or without pay at the College’s sole discretion or if required by applicable law.

Definition of Family Members

Family member is defined as a Student Worker’s parent, child, spouse, domestic partner, grandparent, grandchild or sibling. Child means the Student Worker’s biological child, adopted child, foster child, stepchild, legal ward, or a child for whom the Student Worker stands in loco parentis. Parent includes the Student Worker’s biological parent, foster parent, adoptive parent, stepparent, parent-in-law, legal guardian, or an individual who stood in loco parentis to the Student Worker when the Student Worker was a child.

Request for Leave and Coverage

In order to ensure proper coverage for leaves, Student Workers are expected to contact their supervisor to request leave as soon as the need for the leave becomes known but not less than three (3) working days in advance of the commencement of the leave unless the leave is for an unanticipated personal or family illness or bereavement or where three-day notice is not possible, in which case the request will be made as early as possible. Requests for leave shall be made in writing with information about the nature of the leave and probable duration. Upon request, the Student Worker will be required to provide appropriate documentation. While it is the College’s responsibility to make arrangements for coverage, the Student Worker will assist as reasonably possible.

General

1. Leave may only be used or taken during the term of a Student Worker’s appointment. No leave will continue after the last day of a Student Worker’s appointment.
2. For clarity, leaves discussed in this Article are unpaid unless otherwise specified.
3. Where a Student Worker requests leave over a period of time extending beyond one (1) week (whether in one request or in consecutive requests), the College may require reasonable documentation of the basis for the request.

All management functions, rights, and prerogatives, that have not been expressly modified or restricted by a specific provision of this Agreement, are retained and vested exclusively in the College and may be exercised by the College at its sole discretion. Such management functions, rights, and prerogatives include, but are not limited to, the right:

1. to determine, establish, direct, and control the College’s mission, objectives, priorities, organizational structure, programs, services, activities, operations and resources;
2. to recruit, appoint and transfer unit members and to determine and modify the size and composition of the work force;
3. to determine or modify the qualifications and responsibilities of unit members;
4. to determine the job description and requirements for unit positions;
5. to direct, assign, schedule and otherwise supervise unit employees;
6. to train unit members;
7. to establish new job classifications within the unit;
8. to establish and modify standards of conduct and to discipline or discharge unit members for just cause subject to Article 05 – Discipline and Discharge;
9. to establish and modify the processes and criteria by which unit members will be evaluated in their work performance;
10. to establish and modify rules, regulations and policies;
11. to alter, extend, or discontinue existing equipment, facilities, and location(s) of operations;
12. to determine the academic calendar each year;
13. to determine class and section size;
14. to subcontract all or any portion of operations;
15. to take such action as is necessary to maintain the College’s efficiency and effectiveness, including determining the means, methods, personnel, budgetary and financial procedures by which the College’s programs, services, and operations are to be conducted;
16. to determine and modify tuition and fees for all programs in which unit members are based and all matters affecting financial aid, which includes stipends;
17. to determine and modify policies and financial costs and charges associated with College housing;
18. to determine and modify what benefits will be offered to students, including health, dental, vision and other medical insurance and prescription drug policies, and to determine the student costs for such coverage;
19. to select all insurance carriers and to change carriers from time to time.

All questions of academic judgement and decision-making shall remain in the College’s sole discretion and over which the College has no obligation to bargain. These include, but are not limited to, judgements and decisions regarding all matters affecting:

1. student admissions;
2. academic matters and policies, and unit members’ progress as students, including but not limited to the completion of degree requirements;
3. academic program design, including who is taught, what is taught, how it is taught and who does the teaching, when and how peer support is used and whether it is for credit or compensation or both, and the nature of content or experiences for which students receive academic credit, including all requirements for credit;
4. research methodology and materials;
5. external grants including application, selection, funding, administration, usage, accountability and termination;
6. the creation, elimination or modification of courses and curriculum;
7. instructional methods;
8. the content of courses, instructional materials, the nature and form of assignments required including examinations and other work;
9. grading policies and practices;
10. content, design and implementation of the Code of Student Conduct and Discipline and other policies applicable to students; and
11. all other academic policies, procedures, rules and regulations in regard to unit members’ status as students, including but not limited to, all questions of academic stadium, intellectual and research integrity, and any matter relating to academic progress in a College educational program.

No action taken by the College with respect to a management or academic right shall be subject to the grievance and arbitration procedures unless the exercise of such right violated an expressly written provision of this Agreement.

The above enumeration of management and academic rights is not exhaustive and does not exclude other management or academic rights not specified above. The College, in not exercising any function hereby reserved to it in this Article, or in exercising any such function in a particular way, will not be deemed to have waived its right to exercise such function or preclude the College from exercising the same in some other way.

To carry out assigned duties as determined by the College, the College shall provide Student Workers, at no cost to the Student Worker, reasonable access to materials, equipment and facilities (Materials) necessary to carry out such duties. Notwithstanding the foregoing, however, the College will not be required to provide Materials that are generally required of UC Law SF students, including a computer meeting College technology standards. If the College determines any Materials are needed beyond what is generally required for UC Law SF students, then the College will bear the cost.

A Student Worker will only be reimbursed for purchases of materials and equipment where such purchase was authorized in writing in advance by the Student Worker’s supervisor and the supervisor’s budget manager.

Nothing in Section A precludes the College from determining what specific Materials are best suited or adequate to carry out assigned duties. Within six (6) months after ratification of this Agreement, the College and the Union will hold a joint labor management meeting to discuss access to Materials for the performance of assigned duties. The College’s decisions with regard to Materials shall be final and not subject to grievance or bargaining.

During the term of this Agreement or any extension thereof the Union agrees, on behalf of its officers, agents, and members, that there shall be no strikes, and will not call, condone, or engage in a strike, sympathy strike, slowdown, or withholding of services by Student Workers.

Any unit member engaging in any conduct prohibited by this Article, whether or not that conduct was called or condoned by the Union, may be subject to disciplinary action, including termination. In any grievance regarding such disciplinary action, the grievance must be filed within thirty (30) days of the College’s delivery of notice of its decision in the matter; the grievance shall immediately be submitted to arbitration.

The College may take any action authorized under law against the Union in the event it violates any provision of this Article.

In the event that any unit member violates the provisions of Section A, the Union shall as soon as practicable, inform such unit member(s) through all reasonable means that such action is prohibited under this Agreement and that such unit member(s) should cease such action and return to full, normal, and timely work. The Union shall also distribute to the unit member(s) and the College a written notice, signed by an officer of the Union, that the work stoppage or other violation is not authorized by the Union. Such distribution shall be made within twenty-four (24) hours of notice to the Union from the College that there has been a violation of this Article.

During the terms of this Agreement, or any extension thereof, the College agrees that it will not lock out any of the unit members covered by this Agreement.

Non-Discrimination

1. As required by law and the College regulations, the College will not discriminate against employees in the unit on the basis of age, ancestry, childbirth or related medical condition, citizenship, color, creed, disability (including physical or mental disability, having a history of disability, or being regarded as disabled), ethnicity, gender, gender expression, gender identity, gender transition status, genetic information (including family medical history), marital status, military or veteran status, medical condition (e.g., cancer-related or genetic characteristics), national origin, parental status, pregnancy, political affiliation, race, religion, sex, sexual orientation, sex- or gender-stereotyping, or any combination of these or related factors or Union activity.
2. Neither the College nor UAW shall discriminate in the application of the provisions of this Agreement based on Union or non-Union affiliation.

Non-Harassment

1. As required by law and UC Law SF regulations, the College prohibits harassment on any of the bases listed in Section A.1 above or any other basis protected by federal, state or local law, ordinance or regulation. All such harassment, including sexual harassment, is unlawful.
2. Prohibited unlawful harassment includes, but is not limited to, the following behavior:
   1. Verbal conduct such as epithets, derogatory jokes or comments, slurs or unwanted sexual advances, invitations or comments;
   2. Visual displays such as derogatory and/or sexually-oriented posters, photography, cartoons, drawings or gestures;
   3. Physical conduct including assault, unwanted touching, intentionally blocking normal movement or interfering with work because of sex, race or any other protected basis;
   4. Threats and demands to submit to sexual requests as a condition of continued employment, or to avoid some other loss and offers of employment benefits in return for sexual favors;
   5. Retaliation for reporting or threatening to report harassment; and
   6. Disparate treatment in workload or work assignments for reporting or threatening to report harassment.
3. All employees shall be encouraged to conduct themselves in a professional manner, and to be aware that body language and tone, both verbal and written, can contribute to instances of discrimination, harassment, intimidation, and bullying.

Reporting Complaints

Employees have the right to file complaints alleging harassment and/or discrimination. As required by law, UC Law SF Human Resources shall promptly and objectively investigate the complaint and inform the employee of the results of the investigation and potential remedy. All complaints shall be kept strictly confidential.

No Nepotism

1. The employment of relatives or the promotion or transfer of an employee related to another employee is discouraged unless the Executive Director of Human Resources determines that an applicant or employee will be in a position sufficiently remote from the employed relative so as to make it unlikely to result in a real or potential conflict of interest, lead to complaints of favoritism, lack of objectivity, or create the potential of poor employee morale.
2. It is prohibited for family members to supervise one another, or have input in the evaluation and/or economic compensation of each other. Employees and applicants are expected to disclose these relationships whenever they come into existence. Family members shall include marriage, domestic partnership, parents, siblings, mothers-in-law, fathers-in-law, sisters-in-law, brothers-in-law, first cousins, step siblings, step parents, and half siblings.

Whistle Blower

1. The College wants its employees to report improper activities, and will protect them from retaliation for whistle blowing. Towards that end, the College complies with the California Whistleblower Protection Act.
2. A complaint may be filed with a supervisor, the Executive Director of Human Resources, the California State Auditor, or the California Attorney General. Complaints may be filed anonymously.
3. No employee shall be disciplined for disclosure of information which they reasonably believes is evidence of a violation of law, rule, policy, or contract violation and/or an instance of corruption, a health and safety hazard, or a threat to the public safety.

Campus Wide Posting of Appointment Opportunities

1. The College shall post on the website available positions for Student Workers that are open to general application as they become available. The website shall contain the College’s non-discrimination statement.
2. Each posting shall contain the following information:
   1. A general description of the duties for the SW position;
   2. The start and end date for the position, and whether there is flexibility to modify or extend the term length;
   3. The minimum qualifications for that appointment.
   4. The application procedures or hiring unit contact person for SW positions; and
   5. Compensation information for the posting as provided in Article 04 – Compensation.
3. The website or an individual posting may also state, at the College’s option, that exceptions to the minimum eligibility qualifications may be granted at the sole discretion of the College.
4. For positions that are not open to general application, but rather are offered to a particular student by a faculty member or other supervisor, the College shall provide the student with a posting containing at least items a, b, c and e above before the student formally accepts the offer. The College shall on a monthly basis provide the Union with the posting information from such positions.

Student Workers shall take reasonable measures to maintain safe working conditions and shall adhere to UC Law SF's Workplace Injury and Illness Prevention Plan. A Student Worker who observes or detects any health or safety hazard shall report it to the Student Worker's supervisor or another appropriate administrator or safety official. The College shall be responsible for providing training to Student Workers on the Workplace Injury and Illness Prevention Plan.

If any section or provision of this Agreement is held invalid by a court of competent jurisdiction, the remainder of that section or provision and all other sections and provisions of this Agreement shall not be affected thereby and shall continue in full force and effect. The parties shall bargain in good faith to add a provision that most closely resembles the intent of the invalid section or provision.

Student Workers compensated on an hourly basis shall be compensated for all required training and orientation.

Training and orientation for the purposes of this Article refer only to training and orientation activities required, of a Student Worker by the Student Worker’s supervisor, that are performed after an appointment is made and before the end date of that appointment. Furthermore, and notwithstanding the foregoing, training and orientation for the purposes of this Article do not include: a) activities necessary to meet the minimum qualifications of a position or b) time in or work for a class in which a Student Worker is enrolled.

Use of Facilities

UAW representatives may access UC Law SF facilities for the purposes of performing representational duties, subject to the rules that apply to all visitors. Access to UC Law SF facilities may not disrupt College operations.

Directory Information and Employee List

1. As soon as practicable, each month the College shall provide the UAW the following information, where available, in a computer readable form: name, hiring unit/department, employee identification number, classification, title code, percentage appointment, hours per week, monthly salary, salary rate, hourly rate, stipend, amount of monthly dues deducted, home address, personal cell number, and College email address for Student Workers. The Union agrees that this information will be kept in a secure file; that it will be treated confidentially; and that it will only be used for necessary representational purposes.
2. As a condition of employment, the Student Worker will consent to the release by the College of the Student Worker’s information listed in Section B.1.

Access to the Agreement

Following ratification and approval by the parties, the College shall publish the Agreement on a designated page on the College website.

Access for Purposes of UAW Orientation

1. Twice each semester, and twice during the summer, the Union shall have the right to present a thirty (30) minute UAW orientation for all new Student Workers (that is, Student Workers who have been hired for the first time).
2. The College will secure space for a UAW Orientation up to two (2) times per semester/summer. Any UAW orientation may also serve as a make-up orientation for those SWs who missed their unit orientation. The Union will make an effort to schedule orientation at times that fall outside of regular class times such as but not limited to the lunch hour.
3. The College shall be responsible for notifying Student Workers of the time, location and date set aside for the UAW Orientation.
4. Attendance at one (1) UAW Orientation shall be mandatory for new Student Workers. New Student Workers attending mandatory orientation shall be paid. New Student Workers attending mandatory orientation shall be paid for the thirty (30) minutes on a one-time basis; stipended Student Workers will count the half hour toward their minimum or expected weekly hours. The College shall not be required to sanction workers who do not attend the orientation.
5. The College shall not be present during the UAW Orientation.
6. The College shall have no obligation or responsibility for, nor shall it monitor, the content of the UAW’s presentations.
7. The Union shall be responsible for obtaining the attendance list of the Student Workers at the UAW Orientation and for contacting any Student Worker who did not attend.
8. The College shall not attempt to dissuade attendance of Student Workers at, nor communicate regarding UAW orientation other than to inform new Student Workers of the day, time, place of the orientation and that the training is mandatory, and the College shall direct Student Workers with questions regarding the UAW orientation to the UAW campus representatives.
9. Nothing in this Article shall be construed to mean that a department or hiring unit cannot invite the Union to make presentations at additional meetings.

Dues and Initiation Fees

1. The College shall deduct membership dues and standard initiation fees from the wages of Student Workers upon notification from the UAW as provided in Section E. The College shall remit dues and standard initiation fees to the UAW on a monthly basis. The UAW will provide the College with the formula for calculating the dues and standard membership initiation fees.
2. On a monthly basis, the College will provide a list of Student Workers by name, department/hiring unit, total in-unit gross monthly pay, title code, and amount of dues deducted.

Voluntary Community Action Program (V-CAP)

The College agrees to provide a voluntary check off for the UAW Voluntary Community Action Program (V-CAP) in accordance with the following provisions:

1. The UAW shall provide the College with a list via excel spreadsheet.
2. The Student Worker must be an active dues paying member for the V-CAP deduction to occur.
3. The V-CAP deduction must be in a flat dollar amount and shall be deducted from the Student Worker’s first paycheck of the month.
4. This provision is for regular recurring payroll deductions and shall not be used for one-time deductions.
5. The UAW shall be responsible for any reasonable initial and ongoing processing costs associated with setting up and maintaining this additional check off. Costs will be determined at the sole discretion of the College consistent with charges made for other similar deductions. V-CAP collections less any processing charges will be remitted to the UAW on a monthly basis. The remittance listing for this deduction will be added to the current monthly union deduction file posted on the FTP GoAnywhere site.

Membership Election Forms (commencing thirty (30) calendar days from ratification)

1. The UAW shall send to the pre-designated College office at each location a list of new Student Workers for whom the pre-designated College office shall be responsible to send the Membership Election Form (MEF) (see Appendix C) once a month via DocuSign, or a mutually agreeable alternative method. The UAW shall send the list no later than the tenth (10th) of the month, and the College shall confirm receipt.
2. The College shall transmit the MEFs to the Student Workers identified on the list within five (5) working days of receipt. The DocuSign MEF or similar format sent by the College will remain active for thirty (30) calendar days. In addition to the initial transmission of the MEF, there shall also be two (2) reminders to the Student Workers within the aforementioned thirty (30) calendar day period. The intent of the College and UAW is that the list shall only include newly-hired Student Workers. The list shall not include a new hire more than once.
3. The list shall be transmitted in Microsoft Excel format, or a mutually agreeable alternative format. The list shall include Last and First Name, Email Address, Employee ID, department, title, and date of hire into the Student Worker bargaining unit.
4. If the College is closed on a designated transfer or MEF distribution day, the distribution shall be postponed to the following business day.
5. Appendix C shall accompany each MEF that goes out to the Student Workers and it shall include a disclaimer indicating that the College neither encourages nor discourages union membership.
6. The UAW shall be copied on the distribution, including receipt of any signed MEFs. The College shall not be responsible for forwarding any signed MEF to the UAW.
7. The College shall have no further obligation with regard to MEFs other than what is specifically outlined in this Article. The College shall not be responsible for any further handling of MEF issues, including but not limited to answering questions, processing follow-up requests for MEFs, or distributing MEFs in any other manner.
8. When a location proposes to include the MEF in the hiring paperwork using a distribution system different than that outlined above, that location will notify the UAW no later than thirty (30) calendar in advance of the proposed change to the distribution system. The alternate distribution system shall be mutually agreed upon and codified in writing.

Correction of Errors

1. If the College fails to make appropriate authorized payroll dues or any part thereof, or fails to remit to the UAW such authorized deductions or any portion thereof, or erroneously withholds deductions or any part thereof, the College shall correct the deduction amounts within thirty (30) calendar days of the written notice from the Union.
2. If the College’s error resulted in deductions less than the correct amount, the College shall make the additional required deductions to make up the difference between the actual and correct amounts in accordance with current payroll policy regarding additional deductions. However, additional deductions shall not exceed two (2) times the normal dues deduction amount in any given pay period, until the complete dues deductions have been made. In the event a Student Worker’s employment terminates while still owing dues to the Union, the amount owed shall be taken from the Student Worker’s final paycheck. In no event shall the College owe the Union dues that are the responsibility of the Student Worker.
3. It is expressly understood and agreed that if the error results in payment of more than the correct amount and the Union has received the funds, the Union shall reimburse the Student Worker accordingly.

Certification and Maintenance of Deduction Information

1. The Union will certify to the College to begin deductions or to cease deductions. For bargaining unit members, deductions shall be from in-unit gross earnings.
2. The UAW will either deliver an electronic file in Excel (*.xls) format to the designated local campus office or upload files to the GoAnywhere or a different platform identified by the College. Such deduction information shall include dues, initiation fees and V-CAP deductions. The College shall provide notice of the changes to the administrative process at least thirty (30) calendar days in advance of the change.
3. For Student Workers who are paid monthly, the deduction file shall be transmitted electronically no later than the fifteenth (15th) of each month. For Student Workers who are paid biweekly, the deduction file shall be transmitted no later than the Friday before the end of the biweekly pay period. For SWs who are stipend, the deduction file shall be transmitted no later than the fifteenth (15th) of the month in which they receive their stipend.
4. In the event that the appropriate office is closed on the fifteenth (15th), the Union will deliver the list on the following business day. The College agrees the changes will be the date the deduction information is received.
5. Provided the College receives the information in time for the deductions to take effect by the next payroll run, the College shall process all changes submitted by the Union.
6. The Union will solely maintain the dues deduction and V-CAP authorization(s), signed by the Student Worker from whose salary or wages the deduction is to be made. The Union shall not be required to provide a copy of an individual authorization to the College unless a dispute arises about the existence or terms of the authorization.
7. The UAW list to be submitted in the format provided in Appendix D to the College designee shall include:
   1. Location/business unit code
   2. Location Name
   3. Bargaining Unit
   4. Employee identification number
   5. Employee name (last, first)
   6. Action codes: "A" = Add; "C" = Change; "S" = Stop
   7. Deduction Codes: "D"=Dues; "IF" = Initiation Fee; "PA" Political Action (V-CAP)
   8. V-CAP amount.

Waiver of Liability

1. The Union shall indemnify the College for any claims made by the employees for deductions made by the College in reliance on the Union’s certification or on the Union’s representation as to whether deductions for the Union were properly canceled or changed. The College shall promptly provide notice to the Union of any claim, demand, suit or other action for which it is seeking indemnification.
2. The Union will hold the College harmless and indemnify it for costs, legal or otherwise, associated with disputes or litigation arising out of its transmission of the MEF pursuant to this Article.

No New Proposals

Unless mutually agreed to otherwise, the College 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 referred to, or covered in this Agreement, or with respect to any subject or matter not specifically referred to or covered by 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, except as follows in Section C below. This Section is designed to prevent either party from introducing proposals on new topics that were covered or could have been covered during bargaining that led to this Agreement.

Past Practices Superseded

The College 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. As used herein, Past Practice shall mean any past practice or existing policy, understanding or agreement by the parties, whether formal or informal, not written in this Agreement, relating to wages, hours or terms and conditions of employment of bargaining unit members. This Agreement supersedes and replaces any and all Past Practices, which shall no longer have force or effect, although the College may continue any Past Practice in its discretion that is not modified by a provision of this Agreement. In the event of a change in a Past Practice or the introduction of a new policy that has a significant and consequential impact on the wages, hours or terms and conditions of employment of a significant number of bargaining unit members, the College shall provide the Union a thirty (30) calendar day notice of the change. Should the Union wish to bargain about the change, it shall notify the College within fifteen (15) days of receipt of the notice. If an agreement is not reached within forty (40) days of the College’s provision of notice, the College may implement the change.

For clarity and notwithstanding anything herein to the contrary, the College may not without consent of the Union change a Past Practice or introduce a new policy in a manner that conflicts with any provision of this Agreement.

This contract shall run from January 1, 2026 to December 31, 2028.

The parties will commence negotiations for a successor contract in January 2028 and shall negotiate in good faith with a goal of completing negotiations before the end of the spring semester.

Open Appendix A in a new tab (PDF)

1. Sara Adler
2. Norman Brand
3. Mark Burstein
4. Christopher Cameron
5. Douglas Collins
6. Andrea Dooley
7. Ann Andrews Ellis
8. Matthew Goldberg
9. Juan Carlos Gonzalez
10. Stephen Hayford
11. Joe Henderson
12. Fred Horowitz
13. Yuval Miller
14. Jonathan Monat
15. Mark Gaston Pearce
16. Guy Prihar
17. Michael Prihar
18. Paul Roose
19. Jan Stiglitz
20. Katherine Thomson
21. David Weinberg

Open Appendix C in a new tab (PDF)

Open Appendix D – Union Security Template in a new tab (PDF)