WORKLOAD PROTECTIONS
All UC-UAW staff should have reasonable workloads within their capacity and classification and should be commensurately compensated for the work they do. If you are experiencing an unreasonable workload, keep track of changes to your workload, and connect with your coworkers on what you all might be collectively experiencing. Use the UAW 4811 Workplace Issue Form [** add hyperlink] to get connected with a peer organizer at your campus and to strategize next steps on how to enforce your rights and protections.
For more in-depth information, read the articles Hours of Work/Workload, Transfer/Promotion/Reclassification, and Stipends & Out-of-Class Assignment [** add hyperlinks].
Reasonable Workload & Work Schedules
Your workload and work schedules are required to be reasonable. For exempt, salaried employees, a standard full time workweek generally comes out to 40 hours a week. For non-exempt, hourly employees, a standard full time work schedule is 8 hours a day. Alternative work schedules may be in place (for example: working 4 days at 10 hours per day, or rotating schedules that alternate who on the team has a workday on the weekend) but should not exceed 40 hours a week as the normal mode of business.
While working over 40 hours may happen, this should only happen occasionally as operational need demands or for temporary situations, such as workload ebbs and flows during the academic quarter/semester that eventually slow down, lessen, and return to a standard workload. If unusually heavy work periods happen for an extended length of time, you have the right to request temporary reduction in schedule with no loss of pay.
If there are short term changes to your work schedule that will last under 4 weeks, at least 5 days notice is required. For longer term changes to your work schedule that will exceed 4 weeks, this requires at least 20 days notice.
Stipends & Compensation for Out-of-Classification Work
Administrative stipends are meant to be temporary and come to a set end date — if they do not have an end date or are not temporary, the worker has the right to request a reclassification for duties worked.
When exempt employees are temporarily assigned responsibilities from a higher level position/classification or other significant duties not part of the employee’s regular position for at least 30 consecutive working days, they shall be provided an administrative stipend. This stipend can be up to 25% of your base salary. If the administrative stipend goes past 12 months, the worker should and has the right to request a review of the classification of their position pursuant to the Transfer/Promotion/Reclassification article.
For non exempt employees temporarily assigned or asked to perform the duties of a position in a higher classification for 15 consecutive working days or more, they should receive the minimum of the higher salaries range or a 4% increase, whichever is higher. If this causes work to exceed 40 hours, the pay increase on higher salary must be paired with overtime.
Overtime & Compensatory Time Off (Non-Exempt Employees Only)
Non-exempt employees have a right to choose whether you’ll be compensated with overtime or comp time.
Overtime shall be paid if your work as a non-exempt, hourly worker exceeds 40 hours in a workweek. You should be compensated at 1.5x your regular rate of pay. If you choose and agree to compensatory time, you can receive comp time off (CTO) instead of pay if your department offers a compensatory time program.
Meet with a peer organizer to strategize together what next steps to take, discuss which option of overtime or comp time fits your situation best, and ensure your time is being respected.
Reaching Out to Your Supervisor & HR About Your Workload & Additional Duties
ASSESS: Is this a longer-term workload problem, should you be reclassified, and/or are there truly temporary duties that you are taking on?
EVALUATE:
Are your additional duties expected to be performed for a minimum of 30 days?
Are your additional duties from a higher classification or outside of your typical duties?
Are the duties truly additional, or is it a typical high-volume period and a corresponding low period?
If yes to all three above, email your supervisor with the correct template below.
If your supervisor has already said no and/or the dispute is with HR/LR, then you should copy your union rep and contractenforcement@uaw4811.org, as well as your campus’s HR/LR.
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Hi [name of supervisor],
I am writing to follow up on the additional, temporary duties I have been asked to perform for [X DATES/DURATION]. I’m inquiring about the next steps for the corresponding out-of-classification pay that I am eligible for. I have reviewed my collective bargaining agreement between UAW and UC, and have determined that, based on working [X hours/week] I should be paid a [X%] stipend for the duration I am performing these additional duties.
[If CC’ing union emails, add: I understand you may not have been advised about the specifics of [out-of-classification pay/performing additional duties] as outlined in my collective bargaining agreement, so I am copying HR, and UAW representatives on this email so that everybody can be on the same page. I am happy to answer any questions that you may have about the additional, temporary duties.]
I am happy to answer any questions that you may have about the [additional, temporary duties/out-of-classification duties]. I look forward to hearing the next steps in the process of my stipend.I look forward to hearing the next steps in the process of my stipend.
Best,
[worker name]
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Hi [name of supervisor],
I am writing to follow up on the additional, temporary duties I have been performing since [X DATE]. I’m inquiring about the next steps for the corresponding out-of-classification pay that I am eligible for. I have reviewed my collective bargaining agreement between UAW and UC, and have determined that I should be paid [whichever amount is higher: X minimum $ of the higher position’s range OR at least 4% increase] for the duration I am performing these additional duties.
[If CC’ing union emails, add: I understand you may not have been advised about the specifics of [out-of-classification pay/performing additional duties] as outlined in my collective bargaining agreement, so I am copying HR, and UAW representatives on this email so that everybody can be on the same page.]
I am happy to answer any questions that you may have about the [additional, temporary duties/out-of-classification duties]. I look forward to hearing the next steps in the process of my out-of-class pay.
Best,
[worker name]
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Hi [name of supervisor],
I am writing to follow up on the additional, temporary duties I have been asked to perform for [X dates/duration]. I’m inquiring about the next steps for the corresponding out-of-classification pay that I am eligible for. I have reviewed my collective bargaining agreement between UAW and UC, and have determined that I should be paid [whichever amount is higher: the minimum of the higher position’s range OR at least 4% increase] for the duration I am performing these additional duties.
[If CC’ing union emails, add: I understand you may not have been advised about the specifics of out-of-classification pay and performing additional duties as outlined in my collective bargaining agreement, so I am copying HR, and UAW representatives on this email so that everybody can be on the same page.]
I am happy to answer any questions that you may have about the [additional, temporary duties/out-of-classification duties]. I look forward to hearing the next steps in the process of my stipend.
Best,
[worker name]
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Hi [name of supervisor],
I am writing to follow up on the additional, temporary duties I have been performing since [date]. I’m inquiring about the next steps for the corresponding stipend that I shall be provided, including retroactive pay. I have reviewed my collective bargaining agreement between UAW and UC, and have determined that, based on working [X hours/week] I should be paid a [X%] stipend for the duration I am performing these additional duties.
[If CC’ing union emails, add: I understand you may not have been advised about the specifics of stipends and performing additional duties as outlined in my collective bargaining agreement, so I am copying HR, and UAW representatives on this email so that everybody can be on the same page.]
I am happy to answer any questions that you may have about the [additional, temporary duties/out-of-classification duties]. I look forward to hearing the next steps in the process of my stipend.
Best,
[worker name]