Information and resources about illegal* out-of-contract wildcat strike work stoppage
**The work stoppage is a breach of contract amounting to a wildcat strike. It is the same form of wildcat strike performed successfully by teachers in West Virginia in 2018 that kicked off a wave of strikes by educators for reasonable pay. Labeling the strike illegal gives the impression that by participating, graduate students are criminals, which is FALSE. For legality details, please see this letter by a lawyer and fellow UCSC graduate student: https://payusmoreucsc.com/legal-response/
Background
Hundreds of Some UC Santa Cruz graduate
students have said they will not turn in fall quarter grades protest for fair living wages by not turning in fall quarter
grades unless the campus provides them with more financial support to
help defray the high cost of housing in Santa Cruz. Lack of fair living wages and affordable
housing in Santa Cruz presents challenges for our students and for our
community as a whole. We are actively working on short- and long-term solutions
to address our students’ housing needs, though these
have not been detailed or proposed to the graduate community as yet.
The campus is committed to ensuring that this out of contract wildcat illegal work stoppage (no work has stopped – TAs are proctoring and grading finals,
but withholding these grades) does not impede students’ academic
progress at UC Santa Cruz. The campus wants to make sure students are able to
focus on studying and taking finals. Striking grads,
too, have taken comprehensive proactive measures to protect undergraduates, and
are ensuring that those who need their grades immediately (for multiple reasons
including academic probation, scholarship, athletics, etc) will absolutely
receive them.
Final grades are due Dec. 18, and the campus is working to reduce or eliminate any impacts from grades being submitted late by encouraging faculty to cross digital picket lines and negating the efforts of the strikers. Below are answers to is a timeline and answers to frequently asked questions.
Timeline
■Over 2 year ago the graduate student student union, UAW 2865, bargained for a contract for all UC TAs. While the union eventually voted to accept a contract offer that included an increase of 3% annually, the overwhelming majority of UCSC union members (85%) voted to reject the contract, as it would do nothing to combat the 15% increase in the cost of living in Santa Cruz over just the first year of the contract alone (and a 54% increase over the duration of the contract).
■2017- The Regents of the University of California give substantial pay hikes to 8 of 10 UC Chancellors, demonstrating that the UC system can afford to spend on salary hikes for the wealthiest in the system
■ Aug 20, 2018- UAW Local 2865 put contract forward to members for ratification. Although the contract received 58.6% support UC-wide, UCSC graduate students overwhelmingly voted to reject the contract. This contract included a 3% annual wage increase, which does not keep up with the rising cost of living, nor account for the extraordinary circumstances of the Santa Cruz housing crisis (Silicon Valley influence, rapidly growing student body, limited available housing, etc.). Additionally, the University had initially offered only a 1% increase, clearly demonstrating a lack of concern for the expanding wage gap for graduate student workers.
■ September – Graduate students begin organizing for COLA
■ Nov. 7 – Graduate students delivered demand for a cost of living adjustment (COLA)
■ Nov. 12 – Graduate students hold a demonstration at the base of campus
■ Dec. 5 – Protest at Quarry Plaza cancelled
■ Dec. 6 –
Graduate students circulate strike poll about holding a
wildcat strike – where we are still doing the work an illegal work
stoppage
■ Dec. 8 – Graduate students hold strike assembly
■ Dec. 9 –
Graduate students notify campus of illegal work stoppage wildcat strike and
rally at McHenry Library
■ Dec. 10 – Graduate students rally at Humanities 1 Building and invite administration leadership to meet with leaders of the Graduate Student Association. Administration fails to show up to meeting, and delivers threatening and inaccurate notice to graduate students.
Questions
■ General
○ Why is this work stoppage illegal?
○ What did the 2018-2022 contract include?
○ Why did graduate students threaten to withhold grades?
○ Why won’t the campus give graduate students a $1,412 cost of living adjustment (COLA)?
■ Students
○ What if I am planning to graduate this quarter?
○ What happens if I don’t have my final grades?
○ Do I have to share personal information with my teaching assistant about why I need a final grade?
○ How will my final grade be determined?
■ Faculty
○ What are the options for managing the assignment of the final grade?
○ How do I steward all student assignments?
○ What if I need help grading?
○ Should I enter an incomplete (I) for missing or delayed grades?
○ What happens to students if they don’t get a grade?
○ How are prerequisites checked when there are no grades?
○ What if this strike impacts accessibility accommodations?
General
Why is this work
stoppage illegal?
UC Santa Cruz graduate students employed as academic student employees are currently represented by the United Autoworkers and under a contract that was ratified in 2018 (despite 85% of UCSC graduate students opposing it). Breach of contract is not illegal- it represents a dispute between relevant parties and does not violate any laws designated by government.
The University of California’s collective bargaining agreement governs the terms and conditions of employment for readers, tutors, teaching assistants, and graduate student instructors. This contract, including its rights and obligations, applies if a graduate student has an active appointment in one of these positions.
Under the terms of that agreement, academic student employees cannot engage in any strikes, work stoppages, interruptions of work, or any activity that directly or indirectly interferes with university operations while a contract is in place. Withholding grades is direct interference with the university’s operations and a violation of the collective bargaining agreement. TAs are still proctoring exams and have not taken any action to interfere with final examinations. No work stoppage has occurred. Grades aren’t due until DEC 18.
Any action taken by a reader, tutor, teaching assistant, or graduate student instructor to withhold or intentionally interfere with work as defined in their description of duties form attached to their appointment letter is cause for docking pay and employee discipline, up to and including termination. These contractual aspects are independent from the behavioral standards in place in our Code of Student Conduct. The Santa Cruz Faculty Association, which supports the striking graduate students, has attorneys to ensure that faculty who decline to grade for their TAs are protected to the greatest extent of the law.
The university is committed to ensuring that all people may exercise the constitutionally protected rights of free expression, speech, and assembly. The right of free speech in a university includes the right to acts of peaceful dissent, protests in peaceable assembly, and orderly demonstrations.
It is important to know that these rights are subject to restrictions based on time, place, and manner rules, and a violation of these rules may lead to discipline. For example, UC policy does not allow expressive activity to disrupt the regular and essential operations of the university, such as our ability to offer classes, administer exams, carry on research, or run the university in general, or block or impede ingress to or egress from the campus or buildings.
What did the 2018-2022 contract include?
Highlights of the agreement with academic student employees include:
■ Wages: Annual wage increases of 3 percent for the next four years, beginning Oct. 1, 2018. Which does not reflect the estimated 15% increase in housing costs over the first year, and a 54% increase over the contract duration [projected trend from https://communityrentals.ucsc.edu/pdf/5-yr-comp.pdf]
■ Child care: A child care subsidy of $3,300/year ($1100 per quarter/$1650 per semester).
■ Fees: Effective Jan. 1, 2019, $300 per academic year for campus fee remission ($100 per quarter; $150 per semester). This is a new benefit for ASEs.
■ Sexual Harassment: Establishing a joint labor-management committee to address sexual harassment issues and training, and give ASEs a voice on this important issue.
■ Other:
○ A new contract provision that ensures reasonable accommodations for ASEs with disabilities, including an interactive process to determine reasonable accommodations to enable ASE’s to perform the essential functions of their jobs.
○ Improved lactation support, including secured and appropriately furnished private spaces and converting single occupancy restrooms to all-gender restrooms.
○ Process improvements and enhanced protections for unforeseen immigration issues, including a right to short-term leave for immigration hearing purposes.
○ Enhanced opportunities for the union to meet with new ASEs via mandatory UAW orientation meetings.
The terms of this negotiation were rejected by a large majority of UCSC graduate students, largely because the wage increases did not compensate for the rapidly rising cost of living in the Santa Cruz region. An overwhelming majority (83%) of UCSC graduate students voted against ratification of the contract.
Why did graduate
students call for an illegal work stoppage?
In early November, graduate students demanded that the campus provide an increased salary of $1,412 per month for each graduate student because of the high cost of housing in Santa Cruz.
Since the beginning of fall quarter, campus leaders have invited graduate student leaders to discuss how UC Santa Cruz can better support them during their academic career. Prior to launching the illegal work stoppage (graduate students have asked to meet with campus leaders Tuesday (12/10) during a period of continued grading and proctoring and campus leaders did not meet), graduate students had not agreed to meet with campus leaders.
Graduate student leaders, including the GSA president Randy Villegas, attempted to discuss a cost of living adjustment repeatedly and over multiple occasions during their regular meetings with the administration throughout last year. The administration promised research would be done to find viable solutions, but has yet to present any options to provide additional support for graduate students. These empty promises without results are the reason why graduate students are demanding action through current efforts and organizing around COLA.
While graduate students are under contract, we are
unable to negotiate the terms and conditions of their employment. UCSF negotiated a cost of living adjustment with their
university while they were under contract. There is precedent within the UC
system for this type of negotiation. We will not meet during an
illegal work stoppage, but would be willing to meet with graduate student
leaders after the work disruption is over. A work
stoppage may occur only after final grades are due (i.e. 12/18) and graduate
students have offered to meet with University leadership prior to this
deadline.
Why won’t the campus give graduate students a $1,412 cost of living adjustment (COLA)?
UC Santa Cruz is unable unwilling to provide a COLA, which would be a change
to the terms and conditions of employment, while graduate students are under
contract. Again, there is precedent for this type of
negotiation while graduate students are under contract. UCSF negotiated a cost
of living adjustment with their university while they were under contract. UCSC
is able to disburse fellowship funds to graduate students, as UCSF did.
We are working to find alternative mechanisms to help reduce the financial burden faced by graduate students in doctoral and MFA programs. Like other UC campuses, we are exploring multiple ways to better support graduate students including multi-year funding packages, lower-cost housing, and, as appropriate, increased fellowships.
Students
Graduate student TAs understand and respect the concerns of undergraduate students who are worried about their grades, but we are taking measures to ensure that any students who need their grades submitted (for academic probation, financial aid, etc.) will have them. We are also establishing channels of communication so that undergraduates who feel their grades are being withheld in an unfair way can report this incident to COLA representatives, who will remedy the situation through direct communication with the offending graduate student.
When are grades due?
Grades are due on Dec. 18. The campus is working with faculty members to ensure grades are submitted in a timely manner, not to support grads’ fight for a living wage. The campus is working to identify issues created by late grade submissions and to minimize or eliminate the impacts.
What if I am planning to graduate this quarter?
If you have applied to graduate in fall quarter, your degree will still be processed for fall 2019. We will work quickly to process graduation applications once grades are reported.
What happens if I don’t have my final grades?
If you have a particular concern about the timing
of a grade, please start by contacting your instructor about how the work
stoppage strike for fair wages may impact
your class.
Do I have to share personal information with my teaching assistant about why I need a final grade?
No, you don’t have to share personal information in order to obtain a final grade. If you have financial aid concerns, please contact your teaching assistant or the Financial Aid and Scholarship Office at finaid@ucsc.edu.
One of my classes this quarter is a prerequisite for a winter course. Will this prevent me from enrolling?
Students with missing grades will not be dropped from future courses that require completion of the course as a prerequisite. Satisfaction of prerequisite courses is not verified until after a final grade has been assigned.
How will my final grade be determined?
Students should reach out to their instructor to
understand any changes or adjustments in the determination of final grades. The
campus has asked chairs to make themselves available to instructors to help
them make decisions regarding final grade assignments and address situations
strike for fair wages that may impede the
submission of grades.
I’ve heard that students may receive an “incomplete” grade even if they completed the work. Is that true?
No, it is not true. Incomplete grades should only be assigned by the instructor of record when requested by the student, and when the student has completed work of passing quality, but the student’s work is not yet complete. There is no relationship between incomplete grades and the strike.
What should I do if I am on financial aid probation and need certain grades this quarter in order for financial aid to disburse in winter?
Students with a financial aid contract or probation received information from the Financial Aid and Scholarship Office and can notify their teaching assistant for a grade. If their grades are not reported, they should contact the Financial Aid and Scholarship Office at finaid@ucsc.edu.
If I’m on academic probation and need to earn certain grades this quarter, what will happen if my grades are not reported?
Colleges will review student records as planned where grades are available, and students will receive a message from their college indicating the next steps prior to the campus’s closure beginning on Dec. 24. In some cases, a decision about continued enrollment may be delayed until early January. If students have questions about their specific case, they should contact their college advising office. Students’ academic standing will not be impacted by a lack of grades. In these cases, the review will be delayed until grades are available (once graduate students receive a COLA). If you, as a student, would like to stand for academic review because you belive you will be brought off of academic probation, please contact your TA and professor and ask them to inform your advisor of your success in the class.
Faculty
What are the options for managing the assignment of the final grade?
Grads are not asking faculty to go on strike with them. Both lecturers and senate faculty are barred from withholding their labor by “no strikes” clauses in their contracts. However, grad students have expressed that their intention in withholding their labor is not that the slack be picked up by faculty. Both the Unit 18 (lecturers) and the Senate faculty have protections against the arbitrary imposition of additional duties without additional compensation, and both have unions prepared to defend workload protections.
The campus has asked department or program chairs to make themselves available to instructors to help them make decisions regarding final grade assignments and address situations that may impede the submission of grades. This, using UCSC language, is “illegal” as it violates labor contracts.
Pressuring instructors to change how they determine grades in order to meet grade submission deadlines violates the academic freedom guaranteed to instructors and compromises the academic integrity of the University.
How do I steward all student assignments?
UC Santa Cruz has asked faculty members to support
our students as we conclude the quarter by present to proctor final exams
and, to the extent possible, collecting and stewarding all student assignments not crossing the picket line, and not preventing their TAs
from striking by grading finals themselves.
Instructors are advised to request any course
materials held by teaching assistants not cross the
picket line by completing additional work they are not obligated by
contract to
do. Instructors may consider collecting final examinations after they
have been completed, such as through organizing on-campus group grading,
also referred to as intimidation. This is crossing the digital picket
line.
Participating graduate students have been asked by
strike leaders to remove information related to grading from Canvas, keeping
records of their own but not allowing it to be used by instructors of record.
Instructors should export a copy of their grade book to ensure they have a
copy of information that will allow them to grade not
cross the picket line. The Gradebook
History function in Canvas provides a
record of modified grades. Faculty Instructional Technology Center can be
reached at canvas.help@ucsc.edu.
What if I need help grading?
In preparing your final assessment, be aware that teaching assistants, readers, and tutors who are protesting for fair living wages may not be available to assist with grading. To ensure smooth functioning of critical processes such as academic standing review and graduation, grades are due on Dec. 18. Any potential delays should be discussed with your department chair or college provost. The Office of the Registrar will provide access to a web form to departments and colleges to enter, by course, any adjusted timelines for submitting final fall grades. The Office of the Registrar will communicate grading delays to colleges reviewing students subject to disqualification based on grades. In specific cases, colleges may follow up with instructors regarding course performance.
What happens to students if they don’t get a grade?
It depends on each student’s situation. A student planning to graduate needs to have final grades so that their graduation application can be reviewed. A student applying to graduate school or a job may need a complete transcript. Some students on financial aid may have aid disbursement delayed until all grades are finalized. Any undergraduate with these concerns is encouraged to request their grades to be released by their TAs, and the TAs will then release their grades to the necessary party (not the University) to prevent these potential negative consequences for students. It should also be noted that these instances represent a minority of most student circumstances.
How are prerequisites checked when there are no grades?
Students with missing grades will not be dropped from future courses that require completion of the course as a prerequisite. Satisfaction of prerequisite courses is not verified until after a final grade has been assigned.
What if this strike impacts accessibility accommodations?
Faculty are directed to contact their department in cases where absence of an Academic Student Employee (ASE), such as a teaching assistant, reader, or tutor, would impact DRC-registered testing accommodations, in which case the department should ensure non-ASE personnel are available to provide the necessary accommodation, or work with the instructor on alternative strategies. As always, for questions about DRC-related accommodations, please contact Rick Gubash (email: rgubash@ucsc.edu; phone: 831-459-2089).
TAs are still proctoring exams and providing academic support to students. They have not taken any action that would interfere with final examinations.