Adjunct Law Prof Blog

Editor: Mitchell H. Rubinstein
New York Law School

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Tuesday, September 8, 2009

Univ. of Calif. Profs To Walkout Over Furloughs

As it has been reported, the Univ. of California is requiring its employees to take between 11 to 26 furlough days -- amounting to a salary reduction of 4 to 10 percent. The Faculty Lounge has an excellent September 5, 2009 story about this plan which it correctly describes as a pay cut-plain and simple. It reports that many professors are planning to walk out on the first day of classes-but it is unclear whether this will effect any scheduled courses.

The Univ. of California is, of course, a public institution. In California, public employees have a limited right to strike. Is this a strike? If classes will be canceled-perhaps. More fundamentally, this planned protest may be a violation of the collective bargaining agreement-which in some jurisdictions might provide cause for the job action to be enjoined.

On the other hand, the furlough plan itself may be a violation of the CBA which probably contains set wage rates. Perhaps, the furlough plan itself is subject to being enjoined. One also has to look at some recent case law enjoining pay reductions under the Contract Clause of the Constitution. Adjunct Prof Blog covered a very recent case from Maryland concerning that exact issue here.

Now, in all candor I have not seen the CBA and I do not practice in California. However, it seems to me that these are important issues that have been left out of the equation.

Mitchell H. Rubinstein

http://lawprofessors.typepad.com/adjunctprofs/2009/09/univ-of-calif-profs-to-walkout-over-furloughs.html

College Professors, Colleges, Law Schools, Public Sector Labor Law | Permalink

Comments

My understanding is that California university faculty members are not organized by a union and therefore are not covered by a cba.

Opps!!
Mitch

Posted by: Rick Bales | Sep 8, 2009 5:51:23 AM

It's actually both: UCLA's Lecturers are in a union and represented by the American Federation of Teachers. Tenured Faculty are unrepresented.

Posted by: Teyanna | Sep 8, 2009 3:11:17 PM

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