Teaching assistants at University of California can bargain collectively

UNIVERSITY OF CALIFORNIA TEACHing assistants, readers (graduate students who grade papers), and tutors are employees with collective bargaining rights according to the California Public Employee Relations Board (PERB). The decision followed a four-day strike in early December by graduate students on eight UC campuses, which ended when the graduate students' union and the administration agreed to a forty-five day cooling-off period. The PERB decision rejects arguments made by the UC administration that collective bargaining under California's Higher Education-Employee Relations Act (HEERA) would hinder the educational mission of the institution. It also rejects UC president Richard Atkinson's claim that graduate students are apprentices rather than employees.

In deciding that the graduate students have the legal right to be represented by the United Auto Workers (UAW), PERB affirmed the position of California legislators who had urged Atkinson to recognize the UAW as the graduate students' union.

In a joint letter to Atkinson, John Burton, president "pro tem" of the California State Senate, and Antonio Villaraigosa, speaker of the assembly, called on the UC administration to end the strike and to recognize the United Auto Workers as the exclusive bargaining agent for teaching assistants, readers, and tutors. They also disputed Atkinson's claim that current law does not cover graduate assistants. "We disagree," the letter states. "The current law is applicable. The Public Employment Relations Board has said that recognition of the majority unions at all eight campuses is within the authority of the university under HEERA."

In a separate letter to Atkinson, U.S. Rep. Howard Berman (D-Calif.) concurred: "HEERA allows the university to recognize unions with majority status. The Public Employment Relations Board has issued letters for all eight teaching campuses, indicating the university may voluntarily recognize the UAW at any time."

Connie Razza, spokesperson for the Student Association of Graduate Employees/UAW at UCLA, says the administration told the students it was waiting for the PERB decision before it could recognize the union. "Well, here it is," she says. "Our members have made tremendous sacrifices trying to win fundamental union rights, most recently during the systemwide strike. This decision vindicates the determination of our members, and sends another powerful message to UC."