AGENCY AGREEMENT BETWEEN THE SANTA
CRUZ FACULTY ASSOCIATION AND THE COUNCIL OF
UNIVERSITY OF CALIFORNIA FACULTY ASSOCIATIONS

1. The Santa Cruz Faculty Association has been certified as the representative of the members of the Santa Cruz division of the Academic Senate.

2. As such, the Santa Cruz Association has the right to be consulted by the University administration on all matters that would be within the scope of representation of a statewide representative.

3. In return for the per capita dues paid by the Santa Cruz Association to the Council of University of California Faculty Association, and having itself insufficient staff to consult effectively on statewide issue, the Santa Cruz Association desires the Council to act as its agent and representative in the consultation referred to in paragraph 2.

4. The Council agrees to act as the agent and representative of the Council as requested so long as the Santa Cruz Association continues to remit the per capita dues specified in the by-laws of the Council.

5. The Council further agrees that, acting as agent for the Santa Cruz Association, it will not take any position or express any views to the University in opposition to the position or views of the Santa Cruz Association.

6. If any issue should arise n such consultations as to which there is disagreement between the Santa Cruz Association and the Council, or as to which the Council is unable to take a position because of disagreement among the other Associations comprising the Council, the Council will inform the Santa Cruz Association that it is unable to represent it on that issue and the Santa Cruz Association may exercise its right to consult with the University Administration without interference by the Council.

7. The Santa Cruz Association, as the certified representative of the Santa Cruz division, reserves the right to cancel this agreement at any time, and to terminate the services of the Council as its agent, without restriction and with or without cause.

DEFINITIONS OF LABOR TERMS WITH SOME REFERENCES TO THE BERMAN BILL

Bargain means the performance of the mutual obligation of the University and the exclusive representative of its employees to meet and confer--to meet promptly at reasonable times and to confer in good faith upon request by either party and continue for a reasonable period of time in order to exchange freely information, opinions and proposals, and to endeavor to reach agreement on matters within the scope of representation. The agreement reached through bargaining is a memorandum of understanding (3562)(d).

Consult means that the employer meets in good faith with an employee organization to discuss employee/employer issues. There are no requirements to reach an agreement or procedures outlined to go beyond impasse. Furthermore, employee organizations may ask to consult with the employer on subjects outside the scope of representation.

Employee Organization means any organization which includes employees of the University and which has as one of its primary purposes representing such employees in their employment relations with the University. Employee organizations shall also include any person such an organization authorizes to act on its behalf. The Academic Senate of the University of California or other similar academic bodies, in whole or in part, shall not be considered employee organizations. Since the Academic Senate is not an employee organization, independently funded, it therefore cannot be charged with an unfair labor practice (3562g).

Exclusive Representation means any recognized or certified employee organization or person authorized to act on behalf of an employee organization.

Impasse means that the parties have reached a point in meeting and conferring at which their differences in positions are such that further meetings would be futile.

Labor Organization any organization, agency, or employee representation committee or plan in which employees participate and that exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rate of pay, hours of employment, or conditions of work.

Meet and Confer means Bargain.

Memorandum of Understanding means the agreement worked out between employer and employee to be in effect for a defined period of time.

Scope of Representation means the subject matter about which an employee organization can bargain. At the University of California scope of representation means and is limited to wages, hours of employment, and other terms and conditions of employment (3562)(q). This language is borrowed from the National Labor Relations Act (NLRA) and rather strictly limits the employer-employee contact. The Berman Act goes on to exclude academic issues from the scope of representation--fees, admission requirements, content and supervision of courses, curricula, and research programs-- (3562)(q)(1-3). If, however, the academic senate determines that any matter concerning appointment promotion, and tenure of members of the academic senate, the procedures to be used for the evaluation of members of the academic senate, and the procedures for processing grievances of members of the academic senate should be within the scope of representation, the matter shall be within the scope of representation (3562 (q)(4). This is important because currently the whole structure of academic governance and the tenure system can be changed, at will, if the Regents so choose--unlimited scope of bargaining allows such issues into the contract if they should be jeopardized by action of the Regents.

Unfair Labor Practices means those activities forbidden to both employers and employees. For example, employers are forbidden from from engaging in practices that would interfere with, restrain, or coerce employees in the exercise of their rights, and similarly employees are forbidden from engaging in practices that would interfere with, restrain, or coerce either other employees or the employer in the exercise of their rights.

Unit of Representation means a specific class or group of employees. For example, at UC, faculty who are members of the Academic Senate are a unit . All other academic employees (those not in the Academic Senate) are a unit. Professional employees (other than academic) are a unit.

University means the Regents of the University of California, its duly appointed designee or designees or the physical property of The Regents, as the context requires. The Regents are the employers at the University of California (3562)(h).

University Employee or Employee means any person employed by the Regents of the University of California within the State of California except management employees and confidential employees (those employees with access to confidential information who develop and present management positions). Chairs of departments, chairs of senate committees, and heads of institutes are not automatically considered management or supervisory solely because they help administer the University (3562(l).