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APC Updates on the Library Services Specialist (LSS) Classification

   Update #2 - 1/30/06

APC has received a number of questions regarding the recent decision by a PERB judge that places CSU's new LSS classification in Unit 4. In this update, we've responded to the most frequently asked questions received so far. Similar questions have been combined since the answers to them overlap.

Q. I've been hearing a lot about the new LSS series and that APC might represent the classification rather than CSUEU. What's really happening?

A. On November 7, 2005, an administrative law judge for the Public Employment Relations Board (PERB) ruled that the new LSS classification series that ultimately will replace the current Library Assistant (LA) classifications should be placed for collective bargaining purposes in Bargaining Unit 4 (academic support employees) rather than in Bargaining Unit 7 (clerical/administrative employees) where the current LAs reside. Essentially, the judge determined that employees in the LSS classifications will be performing work that is much more similar to the student-oriented academic support work in Unit 4 than to the clerical/administrative functions in Unit 7.

Q. What's the effect of the judge's decision on current LAs?

A. In a narrow sense, nothing. For now, LA classifications remain in Unit 7, represented by CSUEU and covered by the CSUEU contract. But when the new LSS classifications are implemented by CSU (for the moment there is no effective date), those classifications will be part of Unit 4, as will current LA-classified employees who are transferred by CSU to the new LSS classifications.

Q. Why isn't there a date for implementation of the LSS classifications?

A. CSU has accepted PERB's initial judgment on unit placement of the LSS series and is ready to move ahead with the process. CSUEU, on the other hand, disagrees with the judge's decision and has filed an appeal. Because of this appeal, implementation of the new classifications has been delayed until CSU is certain about the unit placement issue.

Q. CSUEU says that Library Assistants will lose rights and benefits if they transfer to Unit 4 because the APC contract is inferior. Is that true?

A. No. Only relatively modest differences exist between the Unit 7 contract and the Unit 4 contract. Some of those differences are the result of different decisions that the two unions have made over the years regarding how best to benefit their members in the distribution of money. For instance, CSUEU chose to purchase additional Non-Industrial Disability Insurance from the State of California with a portion of its available compensation pool while APC decided instead to place all of the available funds in the pockets of Unit 4 members through salary programs. Another example is that Unit 4 members enjoy compensation programs which reward educational achievement and longevity, programs that have not been bargained by CSUEU for its bargaining units. Such differences reflect different decisions by the unions, and not necessarily any difference in the unions' bargaining abilities.

Q. How will the salaries of LAs be affected if they move into Unit 4?

A. Contrary to the implications of some recent CSUEU statements, LA salaries will not be “reduced to Unit 4 levels." In fact, the law requires that CSU bargain with APC over the terms and conditions of employment for the new LSS classification series when it is placed in Unit 4. CSU already has acknowledged this bargaining obligation—publicly and in writing. Only the resolution of CSUEU's PERB appeal is keeping this process from moving ahead.

Q. Aren't the Library Assistant pay scales better than those for the Leads in Unit 4?

A. It's true that CSUEU has negotiated broader pay scales for the Library Assistants, particularly providing the potential for higher salaries at the top end of each scale. The real issue, though, is not simply the pay scale itself, but rather what employees are actually paid. Since APC and CSUEU bargain fairly comparable across-the-board General Salary Increases each year, employees' salaries (that is, where each employee falls within her/his salary range) are overwhelmingly the result of decisions made by CSU management.

Q. Why has CSU been hiring many more Unit 7 LAs than Unit 4 LLAs in the last few years?

A. In retrospect, it appears clear that CSU has been doing this for two reasons. First is the University's belief that the Leads have been doing less and less “lead” work and therefore are more appropriately classified as LAs. Second, and closely related, has been CSU's plan to develop the new LSS series and place all of the employees in one bargaining unit. Since the University's initial preference was that this be Unit 7, it follows that new hirings and/or reclassifications would be into Unit 7 and that there would be no interest on CSU's part in increasing the number or salaries of Unit 4 LLAs. CSU has also stated, on a number of occasions, that its own recognition of the salary inequities between LAs and LLAs contributed to its desire to update the classifications into the new LSS series….and that these salary inequities will be addressed as part of the implementation of the new series.

Q. Isn't CSUEU right that APC can't do as good a job representing library employees because it's smaller and therefore weaker?

A. Some of the smallest unions are among the strongest ones because they are able to stay in close contact with the employees they represent and thereby can do a better job reflecting the employees' wishes and priorities rather than those of a large union bureaucracy. APC has that strength, in addition to being CSU's third largest union. Between 1983 and 2002, when (according to CSUEU) the number of CSUEU-represented employees increased by only 1%, the number of APC-represented employees increased by 57%—despite the loss of about 10% of Unit 4 when the psychological counselors were transferred to Unit 3. APC doesn't claim that its advocacy alone is responsible for this increase, but clearly CSUEU's size alone hasn't translated into more effective protection of bargaining unit work from erosion by the University. Additionally, some 70% of Unit 4 employees have voluntarily become APC members, a much higher percentage than most other CSU unions, including CSUEU. Employees tend to join their union when they see effective representation and advocacy on their behalf and therefore believe that supporting their union by becoming members will increase that effectiveness even more.

Q. Does APC have a legal staff?

A. APC retains what many believe to be the best labor law firm in California (the one used by CFA, the CSU faculty union) to assist it whenever necessary. Of all of the CSU unions, APC is also by far the most active in representing its members before PERB, having recently won a case, for instance, which substantially improves CSU's FMLA (family medical leave) practices for Unit 4 employees.

Q. Does APC have any experience with library issues?

A. APC has represented Lead Library Assistants since 1983. Moreover, APC's chief negotiator has long bargained (and still does so) on behalf of CSU Unit 3 librarians, as well as having previously bargained for librarians in the University of California and in the municipal sector.

Q. How can the transfer of Library Assistants to new classifications in a new bargaining unit represented by a new union happen without the employees voting on it?

A. Although several issues are intertwined here, the fundamental issue in question is the proper bargaining unit placement of the new LSS classifications under HEERA, not the unit or union preference of those who may ultimately be transferred to those classifications. However, once transfer has been accomplished by CSU, all Unit 4 members—including the newest—will have equal rights under HEERA, including the right to determine which union they want to represent them. Further, the law provides specific procedures should Unit 4 employees wish to consider the election of a new representative union for the bargaining unit.

Q. Won't Library Assistants just be ignored by APC and not included in APC's decision making?

A. Not at all. Because of the size and significance of the LSS classifications, it is certain that APC will do everything possible to immediately incorporate LSS union members into both its governing Statewide Council and local campus chapter structure. In addition, LSS members will make the determination and set the priorities of issues to be addressed at the bargaining table with CSU, and will comprise the lion's share of the APC bargaining team that will meet with CSU to establish salaries and working conditions for LSS employees in Unit 4. APC hopes to meet soon with Library Assistant leaders for a preliminary discussion regarding a smooth transition for all affected employees should PERB ultimately place the LSS classifications in Unit 4.

Q. Is there anything that Library Assistants should do at this point?

A. Be as informed as possible. Unfortunately, a good deal of misinformation already has been circulated and probably more can be expected. It is never pleasant when one union finds benefit in criticizing or attacking another, and it seems particularly inappropriate when the apparent purpose of such criticisms (at least in part) is to scare their own members with stories of impending doom and gloom. In this context, APC urges all Library Assistants to follow the situation closely and to test the various claims and assertions that are being made by all concerned—including those of APC.

If you have a question, please email it to APC President Charles Goetzl; we'll be responding to more questions in future updates.

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

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