Know Your Rights: Faculty and the UAW Strike

As many of you are aware, UC graduate students and academic workers belonging to United Auto Workers Local 4811 have voted to authorize a strike in the wake of vigilante and police violence against UCLA students, staff, and faculty on April 30 and May 2.

The UAW is striking over alleged UC unfair labor practices (ULPs) in violation of HEERA. A strike over severe ULPs is protected by the Higher Education Employer-Employee Relations Act (HEERA) even when there is a general no-strike clause in the union’s contract. It is the Public Employee Relations Board (PERB), not the UC, that would determine the legality of the strike.

The UAW 4811 strike demands include protection of free speech and political expression on campus; amnesty for all academic employees, students, faculty, and staff due to protests; UC disclosure of all funding sources and investments; and UC divestment from weapons manufacturers. The union is also demanding that researchers have the ability to opt out of sources of funding with ties to the military or to oppression of Palestinians.

The UCLA Faculty Association wants to share guidance with faculty so you are aware of your rights. Below are some FAQs:

1.    Can I respect a picket line? Will I be protected?
YES. Senate faculty are protected by the Higher Education Employer-Employee Relations Act (HEERA) (see Govt Code Section 3562e).

2.    If I respect the picket line, will it help anything at all?
YES. Senate faculty can help strengthen the strike if they respect the picket line. They can also accelerate resolution of the strike by putting pressure on administration to negotiate with the union.

3.    If I chair a department or head a program, can I respect picket lines?
YES. Senate faculty, including department chairs and program heads CAN respect picket lines as they are protected by the Higher Education Employer-Employee Relations Act (HEERA) (see Govt Code Section 3580.3).

4.    Will I violate the Faculty Code of Conduct if I respect a picket line?
NO. The Council of UC Faculty Associations (CUCFA) does not understand the Faculty Code of Conduct as prohibiting conduct protected under HEERA, including respecting a picket line. The Faculty Code of Conduct recognizes the constitutionally protected rights of Senate faculty to freedom of expression.

5.    Should I perform the labor of those academic workers (postdocs, researchers, TAs, GSIs) who go on strike, such as teaching their classes or sections?
NO. Under HEERA, senate faculty can DECLINE to perform struck work that is outside our customary duties. Performing struck labor undermines faculty welfare, as it requires that we give up our own legal protections and suggests to both students and the administration that we can continue to do our jobs without the labor of striking workers. It also ultimately undermines our undergraduates who benefit from having TAs who are assured safe environments to work.

6.    Should I ask my lecturer and adjunct colleagues to do the work of striking TAs?
NO. Non-Senate and contingent faculty have the SAME rights as senate faculty to DECLINE to perform struck labor.

7.    Is it true that faculty currently working with TAs or GSRs cannot honor the picket line because they are supervisors?
NO. Senate faculty do not become “supervisory employees,” a legal term of art under HEERA, by virtue of supervising GSRs and GSIs as part of faculty teaching and research duties; as a result, faculty retain full HEERA rights. For a more detailed explanation, see this memo by several UC labor law scholars.” When faculty do exercise some supervisory authority, they must not interfere with or retaliate for GSRs’ and GSIs’ exercise of their own HEERA rights, including the right to strike or not strike.”

8.    Should I include lecturers’ decisions about respecting a picket line or performing struck work when considering them for reappointment?
NO. That would constitute UNLAWFUL retaliation and would VIOLATE both HEERA and the UC-AFT Unit 18 faculty collective bargaining agreement.

For further guidance, please consult the recent (May 13 2024) CUCFA FAQs here.

If you feel confused or intimidated by the administration’s statements about UAW’s strike, or want further information, please contact or join the UCLA Faculty Association to learn more about your rights.