The University of California has filed an unfair labor practice charge with the Public Employee Relations Board against the American Federation of State, County and Municipal Employees Union, citing concerns over patient care and safety and alleging the union is not bargaining in good faith.
The charge comes in response to the temporary restraining order the union filed against the UC after union members were allegedly threatened with arrest while leafletting outside of the UC San Francisco Medical Center.
They said members were also harassed outside the UCLA Medical Center.
Nicole Savickas, coordinator for Human Resources and Labor Relations at the UC Office of the President, said the union violated an agreement between them regarding union access to university medical centers when they went directly to court to invalidate the contract between the UC and AFSCME.
She said the union should have brought the issue to the Public Employee Relations Board before pursuing legal action.
“They’re not following the rules of good faith bargaining.
“Years ago, we signed an agreement in the contract that outlined union access to the UC medical centers,” Savickas said.
According to Article One of the contract, the union “will abide by the reasonable access rules and regulations promulgated at each campus/medical center/laboratory.”
Savickas said the union and the campuses already have a written agreement outlining procedures when it comes to leafletting outside medical centers.
The union stated that Article One of the contract referred to union meeting places, not unions dealing with the general public.
Savickas said the article concerns access in general.
“It’s not who they’re dealing with, but it’s where they meet,” Savickas said.
But Ann Swinburn, a researcher for AFSCME Local 3299, said contacting the public on public property is a free speech right guaranteed by the California Constitution.
“Our right to handbill the public is not governed by the contract. It’s just another attempt on UC’s part to prevent us from exercising our free speech rights,” Swinburn said.
Swinburn said the content of the leaflets could be part of what the UC is objecting to.
“I believe that (the UC) does not want us to communicate with our patients and their family members because they don’t want the public to have the information,” Swinburn said.
But the UC maintains that its reasons for attempting to prevent the union from distributing the material is more about patient care and access than the content specifically in the leaflets.
“All of the five University of California medical centers are consistently recognized for producing excellent patient care,” Savickas said.
“We are continually concerned about providing that same high standard of care.”