Q: If the lecturers go out on strike, do I need to volunteer to teach their classes, grade their students, or in other ways perform their labor while they are on strike?

A: No. Under the Higher Education Employment Relations Act (HEERA), faculty do not need to volunteer to perform struck work that is outside our customary duties.

Q: Do I have a right to respect a picket line in general and UC-AFT’s picket line in particular?

A: Yes. All University employees covered under HEERA, including Senate faculty, have a right to respect a picket line established by other University employees. University employees also have individual free speech rights that provide additional protections.

Q: What does respecting a picket line mean?

A: Respecting a picket line is an act of solidarity by an individual employee in support of other employees on strike, and is not the same as engaging directly in the strike.

Respecting a picket line means acting according to your conscience to answer the lecturers’ call for solidarity. UC-AFT has stated that respecting their picket means not coming to campus except to join the picket line, not teaching in person or online, not responding to work-related emails, and not conducting UC-related service duties. Honoring a picket line means one can still communicate with students to let them know what is happening and to teach the issues.

Q: What might be the consequences of respecting UC-AFT’s picket line?

A: One consequence is that your solidarity will help UC-AFT win respect from the University.

We believe it would be wrong for the University to discipline Senate faculty who follow their conscience and refuse to cross the picket line, but it is possible that the University and/or campus administrations will try to do so. CUCFA expects that California’s Public Employment Relations Board (PERB, the state agency that administers HEERA) would find in favor of an individual faculty member’s right to follow their conscience and respect a picket line.

If necessary, CUCFA is prepared to take action to defend faculty, along with the rights of faculty in general to engage in protected activity, including possibly by filing or supporting charges against the University before PERB if any Senate faculty are disciplined for respecting the picket line. While the University may withhold pay from Senate faculty for their time respecting UC-AFT’s picket line, it would be unlawful for the University to dock additional pay or take other disciplinary action. Any disciplinary action would also have to go through appropriate Senate channels which act as an oversight and a brake on arbitrary disciplinary actions.

Q: Isn’t respecting the picket line—and thus not teaching and performing service obligations—a violation of the Faculty Code of Conduct?

A: No, 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 furthermore recognizes the constitutionally protected rights of Senate faculty to free expression.

Q: What should I do if I feel intimidated by the administration’s statements about UC-AFT’s strike?

A: Probably the best defense against intimidation is knowledge of your rights. And importantly, your Faculty Association is here for you. Please contact us if you or your colleagues feel intimidated.

Q: If asked, do I need to reveal that I am respecting the picket line?

A: You are under no legal obligation to respond to such a question, but if you decide to answer, you must respond truthfully.

Q: Is it fair to students when faculty respect a picket line?

A: Lecturers teach 1/3 of the credit hours across the UC system. Our students will benefit when lecturers win a fair contract because lecturers’ working conditions are students’ learning conditions. Honoring UC-AFT’s picket line is one of the best ways for Senate faculty to support the lecturers and thus our students.

Q: How can I learn more about UC-AFT’s demands and the University’s responses?

A: Please click here.

Q: How can I join my campus Faculty Association?

A: Easy! Click here and welcome to your Faculty Association!