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Frequently Asked Questions about the Expired Contract

Q: Why did the Bargaining Team not extend the contract?

A: Extending the contract requires mutual agreement. Not extending the contract is the first step towards preparing for a strike. With an expired contract, the “No Strike/No Lockout” provision is no longer in effect.  However, under California law, we must exhaust the impasse process before going on strike.

Q: What is impasse? Are we at impasse yet?

A: Impasse means that the parties have reached a point in bargaining at which their differences in positions are such that further negotiations would be futile. In other words, the CSU and CSUEU are deadlocked. Under the law, either the CSU and/or the CSUEU submits a petition to the California Public Employment Relations Board (PERB) contending that an impasse exists. PERB reviews the petition and makes a determination as to whether or not an impasse exists. If PERB agrees that there is an impasse, the first step is mediation. In mediation, a neutral third party tries to assist both sides in reaching an agreement.

The parties have not declared impasse and are continuing to bargain at this time.

 

Q: With the contract expired, does that mean I can be laid off? Fired? My hours changed? Are my rights all gone?

A: Nearly everything remains the same from most employees’ perspective. Terms and conditions of employment can’t be changed unilaterally by management, therefore most provisions of the contract remain in effect. You cannot just be laid off, fired, have your hours changed, etc. without following normal procedures. The most noticeable change to non-exempt employees is that all overtime hours must be paid, and CTO is no longer accrued. If you think your rights have been violated, contact a CSUEU steward.

Q: Does this mean we are going on strike?

A: No decision on a strike has been made yet. With an expired contract, the “No Strike/No Lockout” provision is no longer in effect. However, under California law, we must exhaust the impasse process before starting a strike.

Q: Because the contract is expired, do I lose my Compensatory Time Off (CTO) balance? Can I not use CTO anymore?

A: Your CTO balance will remain. You can schedule usage of your accrued CTO as normal.  For non-exempt employees, the only thing that changes is after October 19, you cannot accrue new CTO, and thus all overtime hours worked must be paid in cash. CTO may be earned for overtime work performed on, or prior to, October 19.

If you have additional questions, please contact your chapter leadership.