January 10, 2023
UW is breaking the law and we have filed an Unfair Labor Practice charge.
On Wednesday 1/4/23 we filed an Unfair Labor Practice charge alleging that the University violated their legal obligation to bargain in good faith when they converted RSEs from overtime exempt to overtime eligible. You can read the entirety of the charge here.
What does this mean:
UW Admin made this change unilaterally after not providing notice, the opportunity to bargain, or information to us as required by law. Indeed, the only reason they spoke to us at all was because multiple RSEs contacted our bargaining committee in late November stating they heard this change was on the way; we asked what was going on and demanded to bargain the decision and its impacts. Admin’s committee agreed to meet to discuss the issue and we proposed temporarily raising people’s wages to get past the January 1st deadline so that we could continue to figure out a system for this. But it was clear their decision was predetermined and there was no real intent to act on alternative proposals so UW rejected our proposals and went ahead with their decision.
The impacts of this decision are numerous: previously overtime exempt RSEs will lose certain benefits (such as partial day absences, access to certain forms of supplemental compensation, differing policies regarding inclement weather, etc) and now have to report hours in circumstances where reporting policies are often unclear or do not exist. If you’re directly impacted by this please see the bulleted sections below.
To be clear: there was more than ample time to negotiate this decision, particularly if (1) UW Admin had not delayed certification of our union by several months following hundreds of meritless challenges to our bargaining unit and (2) UW Admin had respected our democratic decision to collectively bargain, provided notice of its intent to change RSE pay structures and negotiated in good faith. The University’s actions throughout this process have run counter to productive shared decision-making. It’s time they are held accountable.
What happens next:
- PERC (Public Employment Relations Commission) will review the charge and issue a preliminary ruling (this may come in the next few weeks).
- It’s absolutely a problem that UW is breaking the law, but no matter how PERC rules, this isn’t going to fix the massive issues that RSEs are experiencing related to tracking hours. Collectively showing up and advocating for ourselves is what is going to move the needle on our working conditions.
What actions should you take:
If you are currently in an hours tracking position (or have recently been converted to one), we encourage you to do the following:
- Follow the hours tracking instructions you have been given. Be sure to track ALL the hours you work.
- We understand there is an immense amount of confusion and frustration that we all are feeling around this recent change. Please ask department administrators/HR/supervisors ALL the questions you have around tracking and reporting hours and the approval and reporting processes for overtime. It would be great if you would document and then share these interactions with us. Doing so will be helpful in documenting the lack of structures and policies in place to support this unilateral change that UW made.
- If you do field work, please also contact us to share which of your hours constitute “hours worked.”
- In tracking all your hours, if you find that you are working over 40 hours per week in order to complete your job responsibilities, we encourage you to have a conversation with your supervisor about how to proceed and discuss the following:
- Do they want you to alter the work you are doing?
- If they do want you to alter your working responsibilities, how? Discuss the anticipated impacts on the research.
- If they do not want you to alter your job responsibilities, some possibilities to discuss include:
- What is the process by which they will provide approval for the overtime hours that will be necessary in order to complete your work?
- Ask you supervisor to request that your salary be raised above the current overtime eligibility threshold ($65,478.40 a year)
What are your rights as an overtime eligible RSE:
- You have probably (hopefully) already received this link about overtime eligibility, but we would like to highlight that if you work more than 40 hours in a week, you have the option of either:
- being paid time and a half for those hours OR
- taking compensatory hours at time and a half (requires supervisor approval)
- UW can’t force you to take compensatory time instead of being paid overtime; compensatory time must be approved by both RSE and supervisor if used in lieu of overtime payment.
- We know that many of us work in labs in which there is a culture of not reporting overtime (despite researchers being eligible). Not compensating eligible researchers for overtime worked is illegal. It is also exploitative and a direct contributor to the fact that many of us are struggling to get by in this city. The state of Washington made changes to the overtime threshold in order to ensure workers are paid a living wage.
- If UW is not moving you above the threshold and you work overtime, the university is legally required to pay you for these hours. It is not permissible for them to withhold payment for hours worked.
- In the communications you received from the university, you were likely told that supervisor pre-approval is required for overtime. While this rule stands and a violation could be grounds for corrective action, central HR communicated to us that they have no records in recent history of the university utilizing corrective action against RSEs who have not obtained pre-approval for overtime hours worked. Additionally, during a bargaining session on 12/22/2022, when we asked about the existence of relevant policies, the lead negotiator for the university replied, “There isn’t a uniform policy. That would be at the department level or between an individual supervisor.”
UW Researchers United will send out updates on the situation as they arise. You can contact us with information or questions related to your situation, or to get involved with organizing efforts as we work together to address this unfair labor practice and its impacts.
Bargaining Update
We spent yesterday bargaining and have three more sessions scheduled this month. There aren’t any major updates other than UW Admin still hasn’t provided counter proposals on major articles such as: Compensation, Bridge Funding, Childcare Support, International Scholar Rights, Affordable Housing, and Protections From Discrimination and Harassment. You can see all of the proposals we passed yesterday, along with previously passed proposals at our Bargaining Center.
Action Planning Meeting
Shoutout to all the RSEs, PDs, and other community supporters who attended our action planning meeting this afternoon!
And as always, in case you aren’t already a follower, a quick plug for our social media accounts; they are an easy way to stay in the loop: Twitter, Instagram, and Facebook, and also, reach out if you have any questions.
In solidarity,
UWRU/UAW Bargaining Committee
Thaddeus Armstrong
Leila Blair
Nick Bolten
Jai Broome
Erin Carll
Shelly Carpenter
Bonnie Chang
Morgan Crotta
Iván Cruz
Abby Gambrill
Jay Mas Gilvydis
Anya Kalata
Julia Kobelt
Katherine Lasdin
Ellen MacLachlan
Katie Osterhage
Deborah Nemens
Van Redila
Annelise Smith
Galen Stewart
Kambiz Tavabi
Jacob Tietsort
Stacey Wedlake
Ryan Will
Tricia Wu
Joshua Yee