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APC Updates on the Library Services Specialist (LSS) Classification

   Update #1 - 12/14/05

THE ISSUE

An Administrative Law Judge of PERB (California 's Public Employment Relations Board) recently issued a long-awaited ruling, one that had been pending for about one and a half years. The issue before the judge was that of the appropriate placement of particular CSU work, namely the work assigned to the new LSS classification series (with which the CSU intends to replace the Library Assistant series). Should that LSS work be placed in Unit 7 or in Unit 4?

During the hearing on this case, both the CSU and CSUEU (which represents Unit 7) argued vigorously that the work performed by Library Assistants has grown in scope and complexity over the years and is sorely in need of a new classification to appropriately recognize the upgrading and increased professionalism of this work. (Click here to read the new LSS classification standard in PDF format.) In his decision, the judge agreed that the new classification series is warranted, and also reached the conclusion, with which APC agrees, that the new LSS series has a far greater community of interest with the non-instructional academic support professionals in Unit 4 than with the employees in Unit 7. (If you'd like to read the entire decision, click here for a PDF file.)

While CSUEU is appealing the judge's decision, it is significant to note that the CSU has decided not to pursue such an appeal.

FAR FROM ROUTINE

CSUEU has characterized the judge's decision as “an unexpected result of a routine administrative hearing.” After several years of meetings—and long before the two-day hearing before the judge—it was abundantly clear to APC that this was far from a routine matter. An increasing number of concerns continued to arise throughout the entire process about the appropriate unit placement of the LSS series, and many of these concerns were reiterated and actually reinforced as a direct result of CSUEU and CSU evidence and testimony at the hearing.

UNFORTUNATE STATEMENTS

Some recent statements made by individuals in CSUEU leadership positions have been misleading and inaccurate. And some have been openly critical of APC. This is truly unfortunate.

APC's position has been characterized as “this raid of our bargaining unit [Unit 7].” And a CSUEU leader has urged Library Assistants to “look at the lack of representation in Unit 4 and the lack of past/present leadership.” To engage in such public disparaging of a fellow CSU union or its leaders simply pits our unions against each other to the detriment of all CSU employees. APC has never engaged in this practice, and we're not about to start now. The integrity and effectiveness of our Union and our leaders do not need defending. Every union has its strengths: Some of these derive from size, some from level of activism, and some from integrity of action.

CSUEU statements also omit two very important aspects of APC's involvement in the development of the LSS series:

• The process was not simply one involving CSUEU and the CSU. APC participated over several years in numerous meetings with CSU and CSUEU representatives during the development of the new LSS classification series. We believed that these meetings were quite helpful in identifying and addressing a number of matters to ensure that the new series accurately reflects the work being assigned to these employees.
  
• APC did not during that process, and does not now, oppose the creation and implementation of the new LSS series.

A TIME FOR REASSURANCE, NOT FEAR

While it's understandable that CSUEU disagrees with and is displeased by the judge's decision, it's unfortunate that a number of statements emanating from CSUEU apparently seek to engender fear among the affected employees about the possibility of moving into Unit 4 and seek to portray APC as a weak and ineffective union. And most of these statements also blur the significant distinction between appropriate placement of bargaining unit work on the one hand and which union represents a group of employees on the other hand.

“This [move to Unit 4] would have a deleterious effect on the wages, hours and working conditions of our employees.”

“CSUEU has made clear to CSU and APC that we will not tolerate this change to the working conditions of our members.”

“You have no idea the problems of coming under the Unit 4 contract.”
(To review APC's recently ratified contract, click here.)

The CSU and CSUEU advocated, and the judge agreed, that all LSS employees be placed in the same bargaining unit. If that part of the decision is upheld on appeal, these employees will be together in the same bargaining unit. What may change is which unit that is, and therefore which union represents them. It's also important to remember that, from the very outset of this entire process, the CSU has made it clear that two of the fundamental reasons for developing the new LSS series in the first place are (1) recognizing the upgrading and increased professionalization of the work being performed by those in the LA classification and (2) the addressing of current inequities among these employees. Both APC and CSUEU have agreed with the University on these goals, and APC is committed to pursuing them as vigorously as possible should these employees end up in Unit 4.

The unit placement of the LSS series is an ongoing process. When this matter will finally be decided is uncertain. What is certain, though, is that if the affected employees ultimately are placed in Unit 4, they will be welcomed wholeheartedly as the professional colleagues they are. They will be incorporated into our bargaining unit and integrated into APC, encouraged and supported in taking on leadership roles on behalf of themselves, our entire bargaining unit, and our Union . And APC will advocate strongly on their behalf, starting with the bargaining over transitional issues—including employee salaries and salary ranges—in which the CSU will be required to engage with whichever union represents those in the LSS classification.

COLLEAGUES—NOW AND IN THE FUTURE

APC and CSUEU have different views on the appropriate placement of LSS work. This should be the issue under discussion, and this is the issue which APC will continue to address.

APC is keenly aware of and sensitive to the feelings that many Library Assistants may well be experiencing. We all know that change can be challenging, often difficult, and sometimes scary. We also know, however, that change can be exciting and brings with it new possibilities. Whether we ultimately are in the same bargaining unit or remain in different units, we'll all still be CSU colleagues. We'll have our professional differences; colleagues always do. But let us not now, let us not ever, let ourselves be pitted against one another personally.

Please check this site for future updates on this important issue.

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