Numerous rulings by the state Public Employment Relations Board hold that any strike in advance of the completion of the full bargaining process, including impasse proceedings and the parties taking time to explore and consider all settlement options following impasse, to be presumptively illegal.

Because AFSCME called this strike before the statutorily mandated impasse process was completed, the University of California believes this strike is not only unlawful and unprotected under the Higher Education Employer-Employee Relations Act (HEERA), but also clearly demonstrates bad faith bargaining by the union.

Because other UC unions have indicated their intent to join in "sympathy" with AFSCME, the university has sent letters to union leaders reminding them of their legal obligation to adhere to the no-strikes provisions in their contracts. In fact, the Public Employment Relations Board already issued a formal complaint against the California Nurses Association for joining other UC unions in a 2002 strike against the university. Details are available at:

http://atyourservice.ucop.edu/employees/policies/labor_relations/index.html

One of the barriers standing in the way of an agreement is the issue of wages, and the union's financially unrealistic demands for salary increases. The university has offered raises for service workers predicated upon the budget compact with the governor, which provides increased salary funding over the next several years.

AFSCME is demanding:

- Guaranteed across-the-board increases every six months over a three-year period, regardless of the amount of salary funding the university receives from the state;

- A 20 percent salary increase over the next three years, which would cost UC more than $36 million.

The bargaining record shows that the university has bargained fairly and in good faith throughout these negotiations.

All UC campuses and medical centers have contingency plans in place to help ensure that university operations and services to students and hospital patients will continue with as little disruption as possible.

Employees without previously arranged absences or medical verification who do not report to work on Thursday will be perceived as taking an unauthorized absence and will not be paid.

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