What is Labor Relations and When Should You Contact the Labor Relations Team?

Labor Relations is the function within Human Resources that manages the University's relationship with labor unions and represented employees. The Labor Relations (“LR”) Team coordinates between campus leaders, supervisors, and union representatives to administer collective bargaining agreements, resolve workplace issues, ensure compliance with labor laws and contractual obligations, and promote effective labor-management relationships. In practical terms, the LR Team is your resource when questions arise regarding contract interpretation, grievances, discipline involving represented employees, workplace investigations, bargaining unit issues, union activity, strikes, and other labor-related concerns.

The legal backdrop for this work is the Higher Education Employer-Employee Relations Act (“HEERA”). HEERA is a California state law that governs labor relations and collective bargaining for public higher education employees. Oversight of HEERA falls to the Public Employment Relations Board (PERB), a quasi-judicial agency with authority to investigate and rule on complaints. Understanding that this is a regulated legal environment, not just an internal HR matter, is the first step in appreciating why early contact with Labor Relations matters.

You should contact Labor Relations before taking any action that could affect the terms and conditions of employment for any represented employees. This includes disciplinary action, changes to duties or schedules, responses to union requests for information, and more. When in doubt, reach out first. A brief consultation at the front end of an issue is far less costly than managing a grievance or an Unfair Labor Practice charge after the fact.

When to Contact Labor Relations Before Taking Action

There are specific circumstances where contacting Labor Relations before acting is not optional — it is essential. Examples include but are not limited to the following:

• If the department intends to implement a change regarding how work is performed, scheduled, or assigned for represented employees. Even well-intentioned operational changes can constitute a mandatory subject of bargaining under one of the respective collective bargaining agreements. Implementing a change without notifying or bargaining with the union can result in an Unfair Labor Practice charge filed with PERB.
• If the department plans to call a meeting to gather information about a potential policy violation or conduct concern. Under what are known as Weingarten Rights, unionized employees are entitled to union representation at any meeting they reasonably believe may lead to disciplinary action. Employee & Labor Relations can help you structure the meeting appropriately and coordinate the union representative’s presence to ensure those rights are observed.
• If the department plans to issue a communication or hold a meeting with a represented employee regarding their wages, hours, or working conditions. This may relate directly to direct dealing, which is discussed below.
• If the Department receives a request for information from the union. Unions have the right to request information relevant to their representational duties. How the University responds is governed by the applicable CBA and HEERA, and Labor Relations should handle or advise on all such responses.

Understanding Access Rights: Union Representatives in the Workplace

Managers and supervisors will occasionally encounter union representatives in the workplace and may be unsure of what access they are entitled to. A union representative is an employee of the union itself; someone whose job is to represent workers in interactions and negotiations with University management. 

Under HEERA and applicable collective bargaining agreements, unions have the right to access the worksite at reasonable times and in accordance with UCLA’s access guidelines. This access is limited to non-restricted areas and common spaces where employees gather, such as break rooms. Union representatives are required to announce themselves upon arrival and may only engage with employees during non-work time — meaning rest breaks and meal periods, not during active work hours. Unions also have the right to post materials on general bulletin boards. As a manager, you are not required to allow disruption to operations, but you also cannot prevent lawful access. If a situation arises where you are uncertain whether a union representative's access or conduct is within bounds, do not attempt to resolve it unilaterally. Contact Labor Relations for guidance.

Further, managers and supervisors are exclusively represented by Labor Relations. Union representatives should not engage management directly without Labor Relations’ presence.

What Is Direct Dealing — and How Do You Avoid It?

Direct dealing is one of the most important concepts for managers and supervisors to understand, and one of the easiest violations to commit unintentionally.

Direct dealing occurs when a manager or supervisor bypasses the union and deals directly with an employee or group of employees on matters that are subject to collective bargaining. Put differently, when employees are represented by a union, the union is their bargaining agent on issues like wages, hours, and working conditions. Going around the union to discuss or negotiate those matters with employees individually, even informally or with good intentions, is a violation of HEERA.

Alleged incidents of direct dealing can result in Unfair Labor Practice charges being filed by the union with PERB. These charges result in real consequences: they require a formal University response, incur costs for the respective department, may result in rulings against the institution, and damage the labor-management relationship.

Avoiding direct dealing in practice means being thoughtful about what you discuss with represented employees and in what context. Routine operational conversations are generally fine, but if a discussion starts to touch on how a policy change will affect someone's schedule, pay, or working conditions, or if an employee raises concerns about their terms of employment, that is a signal to pause and loop in Labor Relations before continuing.

The clearest protective step you can take is this: before discussing any changes with represented staff that relate to their terms and conditions of employment, reach out to Labor Relations first. This is not about limiting your relationship with your team. It is about making sure that when those conversations happen, the University is on solid legal ground and the union's role is properly respected.

Recommended CBA Articles for Managers and Supervisors

The collective bargaining agreements govern most aspects of your employees' working lives, and familiarity with key articles will help you manage more confidently and avoid missteps. The following articles are particularly relevant to day-to-day operations and are worth reading in full. Each of these articles can be found in the collective bargaining agreements.

• The Discipline and Dismissal article establishes that the University may only discipline or dismiss non-probationary career employees for just cause and outlines the range of available disciplinary actions. Understanding the procedural requirements here, including notice timelines and documentation obligations, is essential before initiating any formal action.
• The Hours of Work article governs how workweeks are defined, how overtime is calculated and when it is owed, and how scheduling changes must be handled. 
• The Leaves of Absence and Sick Leave articles together cover the full landscape of employee leave, from medical and family leave to personal time, including accrual rates, eligibility requirements, and the University's rights and obligations when leave is requested or exhausted. 
• The Performance Evaluation article clarifies that performance evaluations are a constructive management tool, not a disciplinary procedure, and outlines the University's obligations around timing and specificity. Reading this article alongside the Probationary Period article is particularly useful, as probationary employees can be released without cause but must still be evaluated at the midpoint of their probationary period.
• The Out-of-Classification Assignments article is often overlooked but highly relevant: when you ask an employee to perform the full duties of a higher-level position for 15 or more working days, specific pay obligations are triggered. 
• The Work Rules article confirms the University's right to establish and enforce workplace rules, while also requiring that employees receive at least 30 days' notice before any new or amended rule takes effect.

Understanding Accretion: When Unions Seek to Expand Their Bargaining Units

Accretion is the process by which a union can add currently unrepresented positions to an existing bargaining unit. Notably, if the positions being sought represent less than 10% of the existing bargaining unit, the union is not required to demonstrate proof of employee support, such as signed authorization cards or petitions. This makes accretion an accessible tool for unions, and one that can affect your department with little advance warning.

When a union files an accretion petition, PERB notifies the University and identifies the specific job titles at issue. The University then has an opportunity to review the petition and decide whether to object. If no objection is raised, PERB issues a unit modification order, and the affected positions become part of the bargaining unit going forward. If the University does object, PERB will hold a hearing to resolve the matter. Labor Relations will assess the petition, advise on whether an objection is appropriate, and manage the University's response throughout the process.

A Practical Summary

Labor Relations is a resource, not a last resort. The earlier you bring them into a situation involving represented employees, the better positioned your department will be. Understanding the above topics is foundational to managing effectively in a unionized environment. When questions arise, contact Labor Relations. That one step protects you, your department, and the University.
 

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