Answers to Questions about Job Actions

What is a job action?

A job action is a work slowdown, work stoppage, strike, sick-out, or any other interference with the work and statutory functions or obligations of the State.

Do State employees currently have the right to strike or engage in other types of job actions that interfere with the work of the State?

No. The labor contracts contain a "No-Strike" clause which prohibits employees from engaging in any type of strike or job action, including a work slowdown, work stoppage, or any other interference with the work and statutory functions or obligations of the State.*

* There is currently no contract between the State and the California Correctional Peace Officers Association. The State implemented certain terms of its "last, best and final offer" on September 18, 2007. Bargaining Unit 6 members have no legal right to strike because they are "essential employees," which means their services are essential to the public health and safety.)

Even if the labor contract has expired?

Yes. According to Government Code section 3517.8, the labor contract provisions remain in effect even though the labor contract between the State and the employee bargaining representatives has expired.

What about strikes of one or two days?

Any strike or job action that interferes with the business of the State is prohibited, regardless of its duration.

What are the consequences to an employee if he or she participates in a job action?

Employees may be regarded as Absent Without Leave (AWOL). Those who are regarded as AWOL will not be paid for any day in which they participated in a strike or job action. In addition, those employees may be subject to disciplinary or other appropriate administrative action.

Does this include sick-outs?

Yes, sick-outs are prohibited by the No-Strike Clause and the Government Code. Employees who participate in a sick-out may be regarded as AWOL.

What are the consequences to an employee if he or she participates in a sick-out?

If an employee's absence is unauthorized, that employee may be regarded as AWOL. Employees regarded as AWOL will not be paid for each day of participation in a sick-out. Employees may also be subject to disciplinary or other administrative action for participating in a sick-out. Each absence will be reviewed on a case-by-case basis.

What happens if an employee is legitimately absent and is not participating in a sick-out?

Each case should be carefully reviewed and leave should only be authorized if it is clearly legitimate. Supervisors retain discretion to determine the legitimacy of the absence.

Supervisors should seek further guidance from their department in these cases.

Some union representatives are informing employees that a strike or sick-out is protected activity and that employees who participate cannot be disciplined.

The State does not agree for the reasons outlined above. As stated, employees who participate in a job action risk the consequences described above.

Some union literature calls for meetings to discuss "strike options." Is this allowed?

Unions are permitted to hold meetings with members to discuss the status of bargaining and the options available to secure an agreement. A meeting to discuss "strike options" is not necessarily a meeting to call a strike. Employees who participate in such meetings on their own time without disrupting State operations are not participating in an illegal job action.

However, the labor contracts prohibit the union from condoning a strike or other types of job actions. Any direct evidence of union involvement in encouraging these prohibited actions should be brought to the attention of your department's labor relations officer.

Can employees participate in informational picketing and rallies called by the union?

As stated, employees may participate on their own time (e.g., before or after work, vacation, CTO, annual leave, etc.) in lawful informational picketing or rallies so long as such activities do not interfere with work and statutory functions or obligations of the State.

If a strike occurs, can an employee cross a picket line to go to work?

Yes. Employees have an obligation to go to work and will be permitted to do so.

Will employees be locked out if there is a strike?

No.

Updated August 5, 2009 at 11:47 AM.