While the University of California is a huge system, and many things can go wrong and right, there does appear to be an anti-employee culture that is evident in the large legal bills that the UC funds each month. Not only does the UC system has its own army of lawyers, but it also contracts out a great deal of legal work, and during these times of fiscal “crisis,” we must look at how the university spends its money.
In the minutes to the January 2010 Regents Meeting, you find the following listings of NEW LITIGATION AND ARBITRATION PROCEEDINGS for the two-moth period of 10/13/09 – 12/14/09:
Nature of Dispute Alleged by Plaintiff Employment Cases
Discrimination (sexual orientation), harassment, and retaliation
Discrimination (age), wrongful termination, and retaliation, withholding of wages
Retaliation, violation of due process and negligence
Breach of contract
Discrimination (sex), harassment, retaliation and constructive termination
Wrongful termination in violation of public policy
Violations of whistleblower protection act, Labor Code, and due process rights
Discrimination (age), wrongful termination, retaliation
Wrongful termination, whistleblower, health and safety violation
Professional Liability Cases
Medical malpractice, loss of consortium
Wrongful death, medical negligence, elder abuse
Medical malpractice, wrongful death Medical malpractice
Medical negligence Medical malpractice
Medical malpractice, general negligence, intentional tort, and loss of consortium
Medical negligence and loss of consortium Professional and general negligence
Negligence and battery
Personal injury, medical malpractice
Medical negligence, lack of informed consent
Professional and medical negligence
Personal injury, general negligence
Medical malpractice, negligent hiring supervision and retention
Medical malpractice and loss of consortium
Dangerous property liability, negligence
Violation of due process under Fifth and Fourteenth Amendments
Class action for alleged disclosure of confidential medical information
Negligence, violations of statute and right to privacy, battery, emotional distress
Breach of agreement, unjust enrichment, and recovery of money paid (lawsuit filed on behalf of the Regents against Angelika Dimoka and Paul Pavlou)
Breach of contract, conversion, money had and received
Public Employment Relations Board (“PERB”) Unfair Practices Alleged by Charging Party
University engaged in bad faith bargaining regarding temporary layoffs. Santa Cruz Office of Labor Relations indicates the issues have been resolved and the temporary layoffs rescinded, and dismissal is pending.
University retaliated against a Clerical and Allied Services Bargaining Unit employee for exercising her Weingarten Rights and failed to provide notice of placement of the employee on investigatory leave.
University enacted unilateral changes to the binding terms of its agreement with the union and engaged in direct dealing with represented employees prior to the adoption
of the Regents’ furlough/salary reduction plan.
University engaged in bad faith bargaining - union to enter into the furlough program agreement. University failed to give union notice prior to laying off represented employee and also failed to discuss layoff alternatives.
University engaged in direct dealing with represented employees prior to its adoption of the Regents’ furlough/salary reduction plan. Also, the University unilaterally and in bad
faith imposed unilateral changes that constituted a retaliatory rolling lockout and failed as required by the terms of its contract with the union, to mitigate or explore alternatives to the Plan prior to implementation.
University unilaterally changed its contract with the union by assigning unit work performed by an Administrative Analyst III in the clerical services unit to an employee
outside the unit. The University also retaliated against the same employee for performing union duties and attempted to interfere with the employee’s union rights through coercion of other union members.
University laid off a Computer Resource Specialist I in the technical services unit, in direct retaliation for his participation in protected union activities and altered the
status quo of the contract by attempting to reorganize the Information Technology Department without negotiating the changes prior to implementation.
University failed and refused to bargain specific aspects of the Regents’ furlough/salary reduction plan.
University violated the status quo by not providing notice or bargaining the involuntary
transfer of an administrative assistant to a newly-created position and retaliated against the employee for exercising his union rights.
UCB Supervisor refused to remove references to a senior museum scientist’s use of union
representation in a resolved grievance from the employee’s performance evaluation.