Dear CFA members,

Thanks to all of you who participated in the e-Summit on September 28 and to the hundreds of you who have already signed “Enough is Enough!” cards! We are so very heartened that the overwhelming number of attendees signed cards immediately at the events held on all of our campuses—many took cards back to their departments!

If you were not able to view the webcast live, you may watch it here: http://www.calfac.org/sept28esummit

And you can submit your vote via email by following the instructions at the bottom of this Q&A.

Please take a moment NOW and let your voice be heard. And please talk with your colleagues and encourage them to sign as well. Broad faculty support for any actions we take is essential for success. We hope this communication will answer your questions about actions for fall term.

Overview of Fall Actions

In addition to informational picketing on November 8 or 9 on all CSU campuses, CFA is calling for faculty from all over the state to join us at CSU Dominguez Hills and CSU East Bay on November 17 to send the Chancellor a strong message of faculty solidarity and our commitment to fairness.

Depending on several factors (CFA members’ vote on question #3 and the state of further discussions on 2008-2009 and 2009-2010 raises, for example), the CFA Board of Directors may call for the action on November 17 to be a one-day strike on CSU Dominguez Hills or CSU East Bay or both.

If CFA calls a one-day strike at CSU Dominguez Hills or CSU East Bay, then CFA would ask faculty on those campuses to refrain from teaching and from any other work they would normally do on that day. Faculty on any other campus could not legally be on strike that day, but CFA would urge faculty on other campuses to join our colleagues at either the CSU East Bay or the CSU Dominguez Hills campus as a show of support. (Details about participation in a one-day strike depending on your home campus are discussed in the Q & A below.)

If the action at CSU East Bay or Dominguez Hills on November 17 is NOT a strike called by CFA, but rather some other form of “concerted action,” the technicalities concerning participation in the actions at CSU East Bay and CSU Dominguez Hills would be the same for all faculty, no matter what your home campus is. (Details about using sick leave, personal day, and other are issues addressed in the following Q&A.)

Q1: What Do You Mean By The Term, “Concerted Actions,” In The Announcement About November 17?

“Concerted action” is a term used in labor relations to refer to a broad array of actions, up to and including strike.

When labor unions decide to engage in concerted activity, they usually intend for their actions to disrupt the normal operations of the employer in a visible way.

The decision about what kind of concerted action will occur on Dominguez Hills and East Bay on November 17 will be made by the CFA Board of Directors in consultation with chapter leadership and in light of a number of strategic considerations.

Q2: I Thought Strikes Were Illegal At This Stage Of The Bargaining Process. Are They?

No. A strike is now legal for us, but the reasons for that are complicated.

In most contract bargaining situations, employees cannot strike while the terms and conditions of a contract are in place. Article 9 of our contract has such a provision.

But another provision in Article 31 (31.11 and 31.26 to be exact) of our contract makes it legal for us go on strike at this point over the 2008-2009 and 2009-2010 raises that were never implemented.

The Chancellor’s Office may try to muddy the waters as a scare tactic (as often happens), but we have had extensive consultations with legal counsel and are confident that we would be on solid legal ground if we go on strike about these issues at this time.

Q3: Could We Also Strike Now Over Successor Bargaining Issues?

No, not at this point. However, if no agreement is reached at the bargaining table for a new contract, strike activity on those issues would become legal at the end of the statutory bargaining process (after impasse, mediation, and fact-finding).

There is no way to predict exactly if and when this might occur, but CFA reports on bargaining developments in the weekly CFA Headlines and posts bargaining reports online (at http://www.calfac.org/bargaining-updates-info-0).

We are still at the bargaining table for a successor contract; although little progress has been made, neither side has declared impasse yet.

Q4: Who Would Actually Call For A Strike?

A strike would be called by the CFA Board of Directors.

Q5: Will We Vote On Authorizing A Strike?

Yes. A “yes” or “no” checked in box #3 on a signed commitment form (“Enough is Enough”) constitutes your official vote on this issue.

The form provides you with a carbonless copy for your records.

Q6: Can I Vote On The Strike By Email?

Yes. You also may vote by sending an email from your email account. See the last page of this Q&A for instructions and E-vote form.

Q7: Who Can Vote To Authorize A Strike?

Only active CFA members can vote to authorize a strike, but any non-member is encouraged to join and have his or her vote counted. You may join CFA by going to the “To Join” section of the CFA website, www.calfac.org, or by contacting your CFA chapter office for a membership form.

If a non-member chooses not to join CFA but wants to participate in the fall actions, his or her vote on #3 is advisory only.

Q8: Why Isn’t CFA Announcing Now Whether The November 17 Action Will Be A One-Day Strike Or Some Other Concerted Action?

Process on an issue of this magnitude is critical. CFA firmly believes that members need to weigh in on this issue. That’s why it’s so important that you sign your card and return it as quickly as possible.

Furthermore, we will meet with the Chancellor’s representatives during October for four more days of bargaining on a successor contract. If the administration took this opportunity to engage us in reasonable talks about settling on the 2008-2009 and 2009-2010 raises, that change in direction would obviously affect the need for strike activity.

Q9: If Faculty Vote To Authorize A Strike (That Is A “Yes” Vote On #3), Does That Mean We Will Definitely Strike?

Not necessarily. A variety of other strategic factors would need to be weighed before a strike would actually be called.

Q10: What Dates Would The CFA Board Of Directors Be Considering For Possible Strike Activity If Faculty Vote To Authorize It?

No strike activity is under consideration for dates prior to November 17.

A one-day strike on Dominguez Hills and/or East Bay could be called for November 17.

If no settlement on the 2008-2009 and 2009-2010 raises is reached, a one-day strike on one or more other campuses could be called for future dates.

Q11: If The CFA Board Of Directors Were To Call For A One-Day Strike, What Would Happen Next?

As we did the last time we were preparing to strike, CFA will provide ample information that will help everyone understand how the strike(s) will be conducted. The materials will explain exactly what you are being asked to do, what your rights are, and how to handle a variety of situations.

Q12: When Will The Results On The Strike Portions Of The Commitment Cards Be Public?

There is no announced end date for voting at this time. The results of the strike card vote will be announced at the most strategic time, depending on developments at the bargaining table and other factors.

Q13: Can I Take Sick Leave In Order To Join Informational Picketing Or To Participate In Actions On November 17?

No. Sick leave may only be used for sickness. Any other use constitutes fraud.

Q14: I Teach On November 17. Can I Take My Personal Holiday So That I Can Cancel My Classes On That Day?

Yes. A faculty member may request to take any day as a personal holiday, but the appropriate administrator has to approve the request.

Q15: If A Strike Is Called On My Campus, Could My Particpation Lead To Dismissal Or Other Disciplinary Actions?

No. If a legal strike were called, it would be unlawful for the administration to attempt to dismiss or discipline any faculty member for participating. CFA attorneys on staff, on retainer, and from our national affiliates would assist any individual or groups experiencing any negative outcome as a result of work actions.

Q16: If A Strike Is Called On My Campus, Could My Pay Be Docked If I Participate?

Yes.

Q17: If A Strike Were Called On My Campus For November 17 Or Some Other Day, Could I Cancel Some Of My Classes But Perform Other Job Duties?

Not and be protected from possible disciplinary action. If you participate in a strike that has been called on your campus, you must cancel all your classes and refrain from performing any of your scheduled job duties on November 17 in order to be protected from discipline. You may not choose which job duties to perform and engage in a “partial strike.” For example, your strike activity would not be protected from possible discipline if you canceled a class in the morning but taught another class, held office hours, or attended a committee meeting in the afternoon.

Q18: What Happens If No Strike Is Called On My Campus And I Cancel My Classes On November 17 To Go To A Campus Where A Strike Has Been Called?

If no strike has been called on your campus and you do not teach and perform all your other scheduled job duties on November 17, the administration could claim that you are engaging in a “wildcat” strike; and you could conceivably be disciplined. However, you could not be disciplined if you cancel your classes for an excused or approved reason like vacation, personal day, or leave.

Q19: I Don’t Like Informational Picketing. I Just Want To Teach My Classes And Do My Research. Why Don’t We Just Work Harder At The Bargaining Table To Get A Settlement?

As we have said many times, collective bargaining with this Chancellor is not a rational process, and we cannot win fair deals simply because we have the most compelling facts or the strongest arguments. (The Chancellor has, in fact, totally disregarded the reports of two neutral fact-finders in the last three rounds of fact-finding. His reluctant agreement with the third came only under the threat of a strike in 2007.) That’s why we need to bring our facts and arguments to the students, the parents, and the general public through activities like informational picketing.

There simply must be “action away from the table” in order to get “action at the table.”

Q20: Faculty On Our Campus Don’t Like Informational Picketing And Would Like To Do Some Other Activity The Week Before November 17. Why Don’t We Just Let Each Chapter “Do Its Own Thing”?

Sometimes variety is a good thing, and we often encourage chapters to tap into the unique creativity on each campus. But at this point in bargaining, we need to communicate a rock-solid unity of purpose and resolve. Nothing communicates that more strongly than a unified action carried out over 23 campuses.

In fact, the message of solidarity—and the refusal to be divided that coordinated action communicates—can actually be as important as the nature of the action itself. If there is informational picketing at one campus, a luncheon at another, and a teach-in at third on November 8 and 9, we will simply diminish the potential power of our collective efforts.

Q21: Faculty On My Campus Support The Fight For Fairness But Some Don’t Like “Labor Union”-Type Actions. Can’t We Just Opt Out Of The Actions Part Of The Campaign?

Of course, your chapter could. But we all have an obligation to think about the consequences of that choice. By opting out—or even by not pulling its weight—a CFA chapter would actually weaken the efforts of the 22 other campuses who are opting in. In this particular case, opting out or lukewarm participation on November 17 and the week before will leave the faculty on the concerted action campuses with a huge burden to bear without the support we all know we owe them.

Q22: Isn’t There Someone Outside The CSU Who Can Convince The Chancellor To Reach A Settlement?

Outside influence on the Chancellor is certainly important, but faculty taking action is key. Nobody else will (or should be expected to) come to our aid, support our cause, or even want to hear our story unless there is clear evidence that faculty are prepared to act on our own behalf.

“Enough is Enough” E-Commit Card

This is an e-mail version of the “Enough is Enough” Commitment Card.

If you already filled out a hard copy, you DO NOT need to fill out this form.

To submit the card:

1) Fill out the bottom portion of this form. Fields with an asterisk (*) are mandatory.

2) Copy and paste the completed form into your email program.

3) Email the completed form to ecommit@calfac.org with the subject line “Completed Commit Card”

If you have questions about this card or the reasons CFA is calling for concerted actions you may send a message to action@calfac.org

*I will join my colleagues on Thursday, November 17 for concerted action at either CSU Dominguez Hills or CSU East Bay: [ ] Yes [ ] No

*I will participate in informational picketing on my campus on the date chosen by my campus (either November 8 or 9): [ ] Yes [ ] No

*I support a call by the CFA Board of Directors for a one‐day strike on one or more campuses: [ [ ] Yes [ ] No

*I commit to honor a one‐day strike if it is called on my campus: [ ] Yes [ ] No

*First Name:

*Last Name:

*Campus:

Department:

Office Bldg/Location:

Best Phone:

*Best Email: