Service Employees International Union has begun filing charges against the University to the Illinois Educational Labor Relations Board after learning that three departments of the University have required employees to submit “acceptable medical evidence” in all instances requiring sick leave. These charges came on the heels of the building workers announcing their strike on Sept. 1.
“This blanket rule violates the collective bargaining agreement, University policy and rules and the IELRA,” said Ricky Baldwin, senior field organizer and assistant director for SEIU’s State-Municipal-Schools Division.
According to the 2022-23 agreement between the union and the University, “the Employer reserves the right to verbally notify the employee that he/she must provide AME when the Employer believes that the employee is abusing sick leave for a single absence.”
The employer can also make an AME request if the employee has been sick for three days or longer and if they have a record of misusing sick days.
According to Baldwin, the University violated previous agreements by pushing a blanket requirement onto all employees regardless of these previously agreed-upon factors.
Get The Daily Illini in your inbox!
The cited agreement has expired, but the Illinois Educational Labor Relations Act states the employer is still obligated to continue to honor that agreement until a new one is reached. Any failure to uphold an expired contract until a new one is ratified is considered a labor violation according to Section 11 of the act.
The union claims it has documentation and witnesses to the violation, beginning the process of filing charges with the Illinois Educational Labor Relations Board.
With this development, the University has promised to undo the blanket requirement. However, Baldwin said the University still insists on their right to require AME due to the strike.
“Multiple members are still reporting that their supervisors are requiring AME for all call-ins, regardless of the University’s claim that they have retracted the change,” Baldwin said.
SEIU affirms its members’ right to ask why AME is requested and the University’s obligation to respond within five days.
Union members are instructed to “1) request the reason(s) in writing; 2) notify your Union steward; and 3) provide the required note.” The union also demands any out-of-pocket expenses, including copays, be reimbursed as part of any settlement.
Negotiations are still ongoing as workers strike. Baldwin said the University has requested another meeting for Friday at noon.
“We will not be bullied, we will not be intimidated; we will demand our rights,” Baldwin said.
As of 1 p.m. Friday, the union has rejected the University’s offer. A University massmail has announced six additional meeting sessions slated for Sept. 26, 27 and 30 and Oct. 1, 2 and 3, with the union set to strike officially as soon as Sept. 22.
