UC Optometrist Unfair Labor Practice Strike FAQs

An unfair labor practice (ULP) strike refers to a work stoppage to protest an employer's unlawful actions, particularly when the employer commits unfair labor practices like refusing to bargain in good faith, delaying negotiations, making predictably unacceptable proposals, refusing to bargain over workers’ core issues and failing and refusing to provide information that the union needs for negotiations. Strikers’ jobs are legally protected; we are entitled to return to work when the strike ends.

If members authorize the bargaining team to call a strike to protest UC’s bad-faith bargaining, the team will set the date and duration of the work stoppage.

Yes. It is unlawful under California law to fire or discipline workers for participating in a lawful strike. Ultimately, our most significant protection is robust mass participation: there is strength in numbers. Tens of thousands of UC workers have participated in work stoppages and strikes without incurring retaliation. In the few instances where UC has tried to interfere with workers’ ability to strike, UPTE has successfully defended our members’ rights.

Optometrists at UC will decide whether to give our bargaining team the authority to call a strike if circumstances justify it. A “Yes” vote gives our bargaining team the authority to call a ULP strike and give ten-days’ notice to the University.

Optometrists have been bargaining for increased salaries and better working conditions for nearly a year. While progress has been made, UC’s current proposals at most campuses still lag behind Kaiser Permanente optometrists by about 30%. Other health professionals at the UC make significantly more than qualified optometrists. These pay disparities contribute to significant recruitment and retention issues at UC, which leads to overwork and high patient loads for optometrists at UC. Short staffing impacts all of us – including our patients.

While these conditions continue to impact our work as optometrists, UC has only tried to slow down negotiations, ignoring workers’ concerns, failing and refusing to provide the information we need to bargain in a timely manner, offering predictably unacceptable proposals, committing unilateral changes, and refusing to negotiate over the step placement for individual optometrists. These are bad-faith tactics, designed to prevent agreement rather than reach one, and they are unfair labor practices (ULPs) prohibited by law. Such actions by UC prolong the negotiation process and further exacerbate the existing issues, underscoring the urgency for a fair and equitable agreement.

During the past year of bargaining, we have made strong proposals to guarantee dignified compensation and equity in the workplace, but UC’s unlawful conduct is thwarting progress. The University has committed many unfair labor practices. These unlawful actions, the failure to provide information, making predictably unacceptable proposals, and refusing to bargain over core issues remain uncured and impact our ability to achieve necessary change at the bargaining tables with UC. This type of bad-faith conduct cannot go unchecked.

We hope the University will reverse course, engage in good faith negotiations, and fix its unlawful actions, giving us a path to a fair agreement. However, we must exercise our right to strike if they continue to break the law by failing to meet their legal obligations to our members and our union.

During a strike, optometrists would not perform our work duties and would participate in picket lines in and around our campuses to increase the visibility of the strike. We would also engage our colleagues, fellow UPTE members, the public, and elected officials to help put pressure on the University to bargain in good faith.

Optometrists perform vital labor for the University, including pre- and post-op procedures for patients receiving ophthalmological surgeries. When optometrists withhold our labor, we send a powerful signal that the University must change course and get everyone back to work by bargaining with the union in good faith. The UC may attempt to employ scabs or expensive fill-in workers, typically from outside the system, to supply the University’s immediate needs. It is critical to make our case clear to our coworkers, supervisors, MDs, patients, and the public about why a strike is necessary and to get support from them to bring our message to upper management. Unity is essential to make our strike effective so that UC takes notice of our important role in clinics, research, and patient care. The more optometrists who participate, the more collective power we will have to force UC to bargain in good faith.

As UC optometrists, we all take enormous pride in the expert care we provide our patients and in the strong relationships we have within our healthcare community. Compelling UC to bargain in good faith will ultimately strengthen those relationships and help us provide better care in the future. During our temporary absence, elective procedures should be postponed and rescheduled. In the event that an unscheduled, unforeseen emergency occurs that supervisors or managers can’t handle, UPTE will work with the University to meet that patient’s needs. A strike reminds management that work doesn’t get done without us and should motivate them to bargain in good faith.

Yes, as members of UPTE, optometrists have access to the strike fund after losing pay for participating in a sanctioned strike. Strike benefits are $60 a day in strike pay. Strike pay is only available to members in good standing who participate in required strike duties such as attending picket shifts.

The UPTE Executive Board oversees the issuance of strike pay per the union’s constitution. This ensures that the distribution of strike benefits is managed following the established guidelines and decisions made by the union’s elected representatives.

No. Optometrists cannot use vacation or personal time off while simultaneously striking. The University can withhold our pay for work duties not performed, and workers will have access to strike pay.