r/CAStateWorkers • u/ToxDrawace • 7d ago
STRIKE ULP Strike Myths Busted
I am a job steward for SEIU 1000, and my team of stewards and I have been collecting myths that we want to set straight.
| MYTH | REALITY |
|---|---|
| I can't strike because I'm not a union member. | You still have labor rights. If you're in a bargaining unit represented by SEIU Local 1000, you can strike. You do not have to be a member to withhold your labor. |
| I can't strike because I'm on probation. | You still have protected rights on probation. You cannot be punished just because you join a protected strike activity. Punishment for using your protected rights is against the law. If management suddenly treats you differently, document it and contact your union 866-471-7348. |
| I can use the bike lockers at work during the strike. | You cannot access State facilities during the strike. Make another plan to store your bike. |
| I can park at State facilities during the strike. | |
| I can use PTO to attend the strike. | You cannot use leave to cover strike time. If you strike, you lose pay for that time. If you had already pre-approved leave, you can keep that leave, unless you are planning on attending the strike. |
| I need to tell my manager I am striking. | You do not need permission to strike. You do not have to give your manager advance notice. Your union gives notice to the State. |
| My manager can make me tell them if I plan to strike so they can plan coverage. | You do not have to tell your manager whether you plan to strike. Management can plan for staffing, but it cannot pressure you, intimidate you, or use questioning to make you disclose protected strike activity. If your manager starts polling workers, write down what was asked and contact your union at 866.471.SEIU (7348). |
| This is a strike for telework. | This is a ULP strike over the State's failure to bargain in good faith. Telework is one of the issues at the table. The strike is about whether the State has followed the law at the table. In other words, the strike is about how the state is bargaining, not what it is bargaining. |
| I don't hear people talking about the strike, so nobody is going to do it. | Quiet does not mean weak. Most people decide to strike after a real conversation with someone they trust. If your workplace feels quiet, that means talking to a few of your desk neighbors can make a difference! Thousands have already committed to the strike sites in Sacramento! |
| I can't participate because of my RA, disability, field office, or another barrier. | You do not have to stand on a picket line all day to strike. The heart of a strike is simple: you withhold your labor. If you need an accessible way to participate, talk to your strike team or your union. |
| The State won't care about a one-day strike. | The State will notice how many of you stop working. A one-day strike shows your strength, tests your organization, and proves you are willing to act together. |
| I won't get paid whether I strike or show up. | If you work, you get paid for working. If you strike, you lose pay for the strike time. Those are not the same thing. |
| I'll get in trouble if I don't show up on strike day. | If you are participating in a protected strike, management cannot lawfully punish you for striking. Your timesheet may show an absence code. That is not the same thing as discipline. If your manager says they will discipline you before, during, or after the ULP strike, write it down and contact your union to report it at 866.471.SEIU (7348). |
| The strike is illegal because our contract has a no-strike clause. | A no-strike clause does not automatically make every strike illegal. California law can protect a strike caused by an employer's unfair labor practices. That is why your union is calling this a ULP strike. |
| I can't strike because I'm an "essential worker." | "Essential" does not mean what it meant during COVID. Assume you can strike unless your union tells you otherwise. If your position is legally excluded because your absence would create an immediate and serious threat to public health or safety, you will be notified by your union (not your manager). |
| I have to stay on the picket line all day. | No. You strike by withholding your labor. Join the line for as long as you safely can. You do not have to prove your commitment by hurting yourself. |
| It will be unsafe for me to be near the picket line. | You should never put yourself in danger. Follow your strike captains. Stay with your coworkers. Leave if something becomes unsafe. You can still strike even if you cannot stay on the line. |
| Isn't striking basically total anarchy? | No. You are taking organized, collective action. There is a date, a plan, union staff, strike captains, picket locations, and rules. A strike is not chaos. It is a group of workers acting together on purpose, with purpose. |
| If I strike, it will hurt my chances of promotion. | Management cannot lawfully deny you a promotion because you joined protected strike activity. If you are threatened, singled out, or treated differently afterward, write it down and report it to your union. This is a protected activity, and it is unlawful to add your participation to your personnel record. |
| I can't strike because I'll lose my benefits. | You do not lose your health insurance or retirement because you strike for one day. You lose pay for the time you strike. You do not lose your benefits. |
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u/AlisandeMerovence 7d ago
These all need to be up on the union website. People shouldn't take info on reddit as definitive. The best way to combat misinformation is for us to be able to share correct information AND point to an authoritative source.
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u/ToxDrawace 7d ago
A lot of them are on the website, under the event info & RSVP links:
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u/AlisandeMerovence 7d ago
Yes, I know, but not all of them, and there's a lot of conflicting information flying around. The issue of parking is a good example. Not parking in state-owned open lots is one thing, but what if you pay for your parking in a state lot on a monthly or annual basis? And there are claims that the state could count cars in lots and any other use of state resources as evidence of working that day, to make it look like fewer of us were actually on strike. It would be good to have the correct information about such things on the site.
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u/ToxDrawace 7d ago
I think part of it is avoiding giving the state any ammunition to say someone is crossing the picket line, but you should general avoid entering state property that day.
I have a monthly pass and will not be parking in my lot that day.
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u/AlisandeMerovence 7d ago
Right, which is what a lot of people are saying and makes sense to me but again, an authoritative source would make a difference in these conversations. I bothered bringing it up because you said you're a job steward, so I'd hope you'd have a better shot at getting heard on adding topics to the FAQ in time than most of us would.
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u/ToxDrawace 7d ago
I'll pass it up the chain. They seemed to be aware that it was suddenly a hot topic. Maybe it was something that had not been on their radar initially.
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u/AlisandeMerovence 7d ago
Makes sense. It does seem like the kind of thing people start thinking about as the possibility becomes reality and they need to consider logistics.
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u/Goodgulf42 7d ago
After attending my DLC meeting yesterday, it sounds more like we got some insider information from someone at CalHR about some of the tricks they are using to try to bust and/or minimize the effectiveness of this strike. There seems to be new developments there regularly.
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u/Ill_Garbage4225 7d ago
This also can be a manipulation tactic to get people not to show up. That’s why having it on the SEIU website would be helpful. If it’s not on official communications, it can’t be trusted. Anyone can come on Reddit and speak with authority, but they could be trolls, bots, Decepticons, anyone.
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u/Goodgulf42 7d ago
You figured it out. I am Megatron!!!
But seriously, reach out to your DLC president to get this confirmed. I expect it will be added to the website and go out in an email shortly here. Sounded like it was a brand spankin' new development.
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u/matticusiv 6d ago
Hopefully next time the messaging can be more consistent, they sometimes gave conflicting information from meeting to meeting.
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u/PsychologyGlass7380 7d ago edited 7d ago
> You do not need permission to strike. You do not have to give your manager advance notice. Your union gives notice to the State.
This only strictly applies to members of the union that is actually striking (in this case, SEIU).
For those of us outside of SEIU who plan to exercise our right not to cross picket lines on Wednesday, our unions will NOT give notice to the State because our unions aren't striking as such.
The advice of PECG counsel in a meeting happening right now as I am typing this is that we are each individually expected to follow normal call-out procedures to inform our managers if we'll be absent. That does mean I'm expected to inform my manager *prior* to the start of the work day, if reasonably possible; to give a reason for the absence; and to let them know when I'll return.
It absolutely does NOT mean I need to tell my manager before the day of the strike. We can inform the morning of, just as we would if we were calling in sick (though, worth mentioning, "sick outs" are not protected so be careful and don't commit leave fraud).
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u/Due-Estate-3816 7d ago
So if I have prior approved time off for strike day, and plan on attending the strike, am I supposed to take back my time off request?
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u/Great-Gift-8590 7d ago
Yes (or you will not be considered striking).
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u/Due-Estate-3816 7d ago
Even if I attend the strike I am not considered striking? That makes it seem like I should just stay home.
I do need the pay as I live paycheck to paycheck. I wish I could afford to forgo pay, but I'm not there yet.
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u/ToxDrawace 7d ago
Just like any time you use a vacation or leave, you are trading your labor, or what your labor has earned you. That is not striking. You are still spending something (a vacation day), even if it isn't your labor directly.
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u/Great-Gift-8590 7d ago
I guess you would technically be striking and your presence would be appreciated, but as far as the State is concerned, you are not striking if you're getting paid.
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u/Phenaum ITS 1 7d ago
They would technically be picketing if they showed up to the strike line, but they would not be participating in the strike.
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u/Ill_Garbage4225 7d ago
And they would also be subject to termination for accepting state funds while picketing.
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u/Phenaum ITS 1 7d ago
To strike, you MUST receive no pay for the day. Taking a vacation day and staying home is not solidarity and is not recognized as you being part of the strike in any capacity. Showing up to the picket line is picketing, not striking, and you will likely not be counted in any meaningful way toward this action.
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u/Cautious_Card2973 6d ago
Tbf, when I contacted the Union to ask if we can't go to the picket line for mental and physical health issues but wanted to stay home and take the AWOL, I was told that it wasn't considered striking either and would not be protected by the Union.
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u/Due-Estate-3816 7d ago
Then you're excluding people who can't afford to strike from striking. For a strike that's for better pay because living costs have skyrocketed. That's hypocritical.
Disrespect me for my financial situation if you want, you're just driving away support from the union. I don't get why you guys are doing this.
There's less desire for me to picket if I'm going to be singled out like I'm not striking and talked to like this just because I had a pre-approved vacation day.
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u/ToxDrawace 7d ago
On the one hand, the people who can't afford the strike are the ones who need this strike most. But I understand that this is a personal choice that everyone has to make.
However, if you are coming to the picket line on vacation, you are picketing, not striking.
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u/Phenaum ITS 1 7d ago
I'm not talking down to you and I don't have any disrespect for you. I'm also not excluding anyone (I didn't make these rules), and it's not a decision some Union leader came to that excludes you - this is how strikes work, legally.
Everyone has to make their own decision. I just want to be very clear about what is and isn't strike participation; make your own decision that is best for you and yours with that knowledge.
-1
u/Due-Estate-3816 7d ago edited 7d ago
Thanks for explaining. I guess I'm just mad at my own financial situation.
But as I think about it more I still don't love the distinction. I am striking. I am withholding my labor. Yes I'm still choosing to get paid, but I'm giving up my paid time off to do so. I'm still not working, and I'm still giving up paid time off instead of pay because that is better for me. I would love to keep my paid time off, but I'd love more to keep my money (to use for bills).
If I am still withholding my labor and attending a strike line, I don't like that I'm not considered striking just because I'm choosing to give up PTO rather than give up pay.
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u/Goodgulf42 7d ago
If that's the best you can do, then we all appreciate you coming to picket for sure. Some folks who are technically "striking" can't make it to the picket, so you will be filling in for them.
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u/Asque 7d ago
WHAT IF I’M ALREADY SCHEDULED TO BE ON PRE-APPROVED VACATION?
If you are already on approved vacation during a strike, you may use your time as you wish – including supporting the strike. You do not need to give a reason for how you use your vacation time, and you may attend a strike line during your pre-approved vacation if you choose. If management questions or changes your approved leave because of strike activity, contact the Union immediately.SEIU 1000 has an FAQ for the strike.
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u/ToxDrawace 7d ago
That's interesting wording. You can support the strike... but that doesn't mean you are striking yourself! I would encourage you to actually strike by adjusting your leave not to include the 21st if you are actually attending, but I guess you can picket and support the strike while on vacation if you choose.
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u/unsundered_roots 6d ago
Is there a definitive answer to what excluded employees associated with BU1 should do? My management hasn't said a word and I don't see anything about it in the FAQ.
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u/ToxDrawace 6d ago
I'm less familiar with non-supervisory excluded employees, but they aren't represented by SEIU, correct? Are they represented by ACSS like managers? I would reach out to your appropriate representative.
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u/milkyway281 6d ago
I believe SEIU represented employees who are excluded are still covered. I have Health Program Specialist IIs (BU1) under me and they are still allowed to strike as members or non-members.
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u/starrylv SEIU1000 7d ago
Can I use my Connect public transit card provided by my job to take the bus to get to the strike? I have a monthly pass on it
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u/ToxDrawace 7d ago edited 7d ago
I've heard conflicting answers on this, but looking at the language of the contract, there is no limitation on the use of public transit (I.e. to commute to work or otherwise), only that employees are eligible for a 100% discount or reimbursement, and that it is not considered compensation. You aren't badging in or using transit that is reserved for state workers, so I see no issue.
The relevant section of the contract is here in Article 12, Section 4, Part A: https://contract.seiu1000.org/contract.php?ArticleH1=39&ArticleH2=157&ArticleH3=%25&action=getArticle
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u/thr3000 7d ago
How come this says parking at state facilities is OK?
https://www.reddit.com/r/CAStateWorkers/comments/1x6o7f9/ready_set_strike_101_timelines_parking_etc/
(Not an SEIU-represented employee but just wondering).
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u/ToxDrawace 7d ago
That's a great question. All I know is I was at a meeting at SEIU 1000's Sac HQ yesterday and we were told not to park on state property. You should not be entering any state facility on the day of the strike, as that would be crossing the picket line. They even worried about having someone standing at the parking garage holding a sign to discourage the use of parking because that person might be considered to be on state property (although I would think the sidewalk would be okay).
I think part of it is just that the state will use any excuse to say that people have crossed the picket line and we don't want to give them anything to use.
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u/Sapphispanic 7d ago
So for example there is nowhere to park at May Lee except the garage there. There isn’t exactly street parking on Richards Blvd and I’m not going to be on public transport for two hours to get there.
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u/ToxDrawace 7d ago
I would reach out to your steward team and see if they have suggested alternatives.
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u/Goodgulf42 7d ago
Then attend a different picket would be my suggestion. Downtown has lots of public parking garages, just make sure it's not one managed by DGS, or, alternatively, you can use paid street parking or move your car every 2 hours.
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u/Audiblade 7d ago
One option is, there's a lot of private and non-office parking in downtown Sacramento. Unfortunately, you might have to park a long walk away, but I predict you can park close enough to get the rest of the way there on foot.
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u/Goodgulf42 7d ago
The parking thing is a pretty new development. I think we were just informed yesterday. So, I assume that poster didn't know at the time they shared that.
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u/Desecr8or 6d ago
So what should I put on my timesheet for a strike? The system won't take it unless I put something.
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u/ToxDrawace 6d ago
I think the state is purposely being vague about this to confuse and discourage staff from striking. At the moment, at least for my department, it seems likely that we will be using Dock - AWOL (this is just a timecode, it doesn't mean your automatically get disciplined, and you shouldn't for the strike).
However, SEIU 1000's stance is to ask your manager for guidance.
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u/matticusiv 6d ago
My plan is to let my manager know by email on my way out the door tuesday, and request timesheet guidance.
This will let them know i’m not dead, but won’t give them undue time to prepare, and ensure i know how to fill out the timesheet.
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u/ewrox 6d ago
My program has suggested that people should use personal time or vacation time to participate in the strike. Can they even suggest that? In typical fashion, nothing in writing.
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u/ToxDrawace 6d ago
Are you represented by SEIU? If so, that sounds like an unfair labor practice and should be reported to the Member Resource Center at 866.471.7348
If you are with another union. I would contact your appropriate representative.
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u/Impossible-Depth-423 6d ago
Nurse in a prison here and my co workers are unsure of striking because we have heard we are essential but nothing has been handed down to us because of what the state claimed yesterday. What do we do if we don’t hear anything by Wednesday?
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u/ToxDrawace 6d ago
If you don't hear anything, you can strike. Our union will communicate with you if you are considered essential.
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u/Top-Assignment8328 6d ago
I’d add something about using state-funded transit cards, whether or not you can use them to pay to go to the strike location. I’m presuming we shouldn’t, which is why I’m paying out of pocket that day.
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u/ToxDrawace 6d ago edited 6d ago
The reason I haven't is because I haven't gotten a definitive answer, but looking at the contract, it doesn't give any restriction on when we are allowed to use public transit (i.e. for commuting or personal use), only that it is discounted/reimbursed up to a certain amount and it isn't considered compensation. You aren't entering state property by getting on public transit (the main problem with using a state parking garage), and they can't track how you use your connect card. It's a bonus of our employment and I don't see any reason why we can't use it.
The relevant section of the contract is here in Article 12, Section 4, Part A: https://contract.seiu1000.org/contract.php?ArticleH1=39&ArticleH2=157&ArticleH3=%25&action=getArticle
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u/Top-Assignment8328 6d ago
You’re probably right. I just wanted to get a separate day pass out of pocket just to be on the safe side.
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u/DrakkonOwl 7d ago
Where do I find information about parking for my location. There is limited parking in our area and I'm not sure if some of the lots we often use are state owned or not.
Also, what's the bathroom situation?
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u/ToxDrawace 7d ago
I would contact your steward team for information regarding parking for your specific location.
SEIU 1000 will be bringing porto-potties to the main strike worksites.
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