Can an employee on strike, with only 2 hours out of 8 "assigned" work duties, be docked for the whole day's pay?

Question

About 20,000 "Unit 3" employees in the CSU system went on a one-day strike (1/22/24). This included coaches, counselors, fulltime faculty, part-time faculty ("adjuncts"), and librarians.  The university is calling for ONLY those with "assigned work duties" to report their absence. No duties? Don't report. If an instructor was assigned - for example - only one 1.25 hour class that day, can their pay be docked for the full day, or only the 1.25 hours? Is this the same for fulltime and for contingent faculty? What repercussions could the CSU take against those employees with assigned work duties that day who do not report their absence? If an employee's "work duties" include community engagement, can participation in a strike against the employer still be legally defined as "work"? And, finally, if the strike was originally scheduled to be one week long, is the CSU entitled to dock the pay of those who "report" participation in the strike for the full week, or just the one day? THANK YOU!

James L. Arrasmith · Answer

In the context of the CSU system strike, docking pay for employees on strike depends on several factors. Generally, if an employee participates in a strike, they can be subject to pay deduction for the time they are not working. This includes both full-time and contingent faculty. 
 
If an instructor is only assigned work duties for a portion of the day, like the 1.25 hours you mentioned, the question of whether their pay can be docked for the full day or just for the time they missed is more nuanced. It often depends on the specific policies of the employer and the terms of any applicable collective bargaining agreements.  
 
For employees whose work duties include community engagement, participating in a strike against their employer would not typically be considered fulfilling their work duties. Therefore, they could be subject to the same rules regarding pay docking as other striking employees. 
 
Regarding the length of the strike, if the strike was initially planned for a week but only lasted one day, the CSU would generally only be able to dock pay for the actual duration of the strike, not for the originally planned duration. However, this again could be influenced by the specific terms of employment or any relevant collective bargaining agreements. 
 
Given the complexity of employment and labor law, especially in a university setting, it would be wise to consult with an attorney who has expertise in this area. They can provide specific guidance based on the details of your situation and the applicable laws and agreements. Remember, every case has unique aspects that must be carefully considered.

Q: Can an employee on strike, with only 2 hours out of 8 "assigned" work duties, be docked for the whole day's pay?