Strike Information for Supervisors/Managers

Respond to employee inquiries about the strike with information prepared by the University

As a supervisor or manager, you may provide an employee with information that has been prepared by the University. This information may be helpful if the employee states that they are trying to decide whether or not to participate in the strike. Publicly available information can be found here:

• https://www.universityofcalifornia.edu/press-room/labor-negotiations

However, employees with questions about union membership, union activities, and potential strike activity must be referred to their union representative.

Don’t guess if you are unsure about the answer to a strike-related question

If you are asked a question that you can’t answer, do not guess. Tell the employee that you will get an answer as soon as possible and submit a response to the Employee and Labor Relations Strike Questions Google Form.

Remain neutral  

Managers and supervisors should not share any positive or negative opinion for either the University’s or the union’s position. You should remain neutral. Employees should be provided with publicly available information or referred to their union representative.

Departments or Managers/Supervisors should not “poll” or survey employees to see who is participating in the strike

Departments and managers/supervisors should not “poll” or survey employees regarding their intention to participate in or support a strike. Such communication can be construed as intimidation or retaliation and can be found to violate employee rights.

Non-striking employees may cross a picket line to come to work

All employees, including those who are a part of the striking bargaining unit(s), are free to come to work. The law protects the right of all employees to decide whether or not to cross a picket line. All employees, including those who are part of the striking bargaining unit(s), have a right to refrain from participating in a strike. Employees who choose to cross a picket line to work may not engage in any type of “slow down” as a form of protest while working.

Picketing is lawful so long as it is peaceful, does not interfere with the normal course of business, and does not prohibit non-striking employees from coming to work. At Berkeley, picketers have always been committed to their position but also respectful of the rights and views of others.

Employees not in the striking bargaining unit(s) are permitted to engage in picketing or protesting on non-work time

Individual employees are free to participate in picketing or protesting, provided that the employee’s participation is lawful, done on non-work time (e.g., before and after work and during breaks), and does not violate established University policies.

Not all of the unions that represent University employees are going on strike

Only the bargaining unit(s) that have provided notice are formally going on strike.

Generally, represented employees covered by other collective bargaining agreements (CBA) cannot strike, while non-managerial/supervisorial, policy-covered employees can engage in certain lawful strike activities. More specifically, represented employees may not lawfully participate in concerted activity (e.g., strikes, stoppages, interruptions of work, sympathy strikes) if they are covered by an applicable, unexpired CBA that contains a “No Strike” provision. Most of the UC’s represented employees are covered by an active CBA with valid “No Strike” provisions.

Employees can wear union t-shirts/buttons, etc., to work on the strike day(s)

Employees should be permitted to wear union t-shirts/buttons/etc. in the workplace on the strike day(s), or any other day, provided that the items are not inconsistent with the department’s dress code and that there are no health and safety issues. 

Supervisors and managers can not take photographs or videos of striking employees and picketers

It would be inappropriate and potentially an unfair labor practice for a manager or supervisor to take photographs and/or videos of striking employees or picketers. If you believe that the actions of the striking employees or picketers should be documented, you should immediately submit a response to the Employee and Labor Relations Report Strike Disruptions Google Form and provide the location and a description of the activities being engaged in.

Media Inquiries should be referred to the Office of the President

For media inquiries (reporters only), please refer the requestor to media@ucop.edu.

Supervisor/Manager Do's and Don'ts