California State University (California State Employees Association) (PERB 1093HB)

STATE 	OF 	CALIFORNIA
DECISION OF 	THE
PUBLIC 	EMPLOYMENT 	RELATIONS 	BOARD
CALIFORNIA STATE 	EMPLOYEES'
ASSOCIATION, 	CSU DIVISION,
SEIU LOCAL 1000, 	AFL-CIO,
Charging 	Party,
v.
CALIFORNIA STATE 	UNIVERSITY,
Respondent.
Case No. 	LA-CE-328-H
Remand 	from 	Court
PERB Decision No. 	1093b-H
March 20, 	1997
Before Caffrey, 	Chairman; 	Johnson and Dyer, 	Members.
DECISION
CAFFREY, 	Chairman: 	This case is before the Public
Employment 	Relations 	Board 	(PERB or Board) 	by order of 	the
California Court of Appeal, 	Second Appellate District 	(Court).
In California State University 	(1995) 	PERB Decision
No. 	1093-H, 	the Board dismissed the 	complaint alleging that 	the
California State University 	(CSU) 	violated section 3571(a) 	and
(c) 	of 	the Higher Education Employer-Employee Relations Act
(HEERA)1 when it unilaterally suspended merit 	salary adjustments
HEERA 	is 	codified at Government 	Code 	section 3560 	et 	seq.
Unless 	otherwise 	indicated, 	all 	statutory references 	herein are
to the Government Code. 	Section 3571 states, 	in pertinent part:
It 	shall be unlawful 	for the higher education
employer to do any of 	the 	following:
(a) 	Impose or threaten to impose reprisals
on employees, 	to discriminate 	or threaten to
discriminate against 	employees, 	or otherwise
to interfere with, 	restrain, 	or coerce
employees because of 	their exercise of 	rights
guaranteed by this 	chapter. 	For purposes 	of
)
)
)
)
)
)
)
)
)
)
)
)
_______________ )

(MSAs) 	for employees 	represented by the 	California State
Employees Association, 	CSU Division, 	SEIU Local 	1000, 	AFL-CIO
(CSEA) 	on June 1, 	1992, 	prior to the completion of bargaining
with CSEA. 	In California State Employees' 	Assn. 	v. 	Public
Employment Relations Bd. 	(1996) 	51 Cal.App.4th 923
[59 	Cal.Rptr.2d 488], 	the Court 	reversed the Board's decision and
remanded 	the 	case 	to 	PERB 	for a determination of 	affected
employees 	and 	for an order directing 	CSU to pay 	those 	employees
the MSAs 	they were unlawfully denied, 	plus 	interest.
this subdivision, 	"employee" 	includes an
applicant 	for employment 	or 	reemployment.
(c) 	Refuse or fail 	to engage 	in meeting and
conferring with an 	exclusive 	representative.
ORDER
Pursuant 	to 	the 	Higher 	Education 	Employer-Employee 	Relations
Act 	(HEERA), 	Government Code section 3563.3 	it 	is hereby ordered
that 	the 	California 	State University 	(CSU) 	and 	its
representatives 	shall:
A. 	CEASE AND DESIST FROM:
1. 	Taking unilateral 	action and 	failing 	to meet 	and
confer 	in good 	faith with the 	California 	State 	Employees
Association, 	CSU Division, 	SEIU Local 1000, 	AFL-CIO 	(CSEA), 	about
the 	suspension of merit 	salary adjustments; 	and
2. 	By this 	same 	conduct, 	denying bargaining unit
employees 	the 	right 	to be 	represented by CSEA.
B. 	TAKE THE 	FOLLOWING AFFIRMATIVE ACTIONS
DESIGNED TO 	EFFECTUATE 	THE 	PURPOSES 	OF HEERA:
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1. 	Pay eligible bargaining unit members 	the merit
salary 	adjustments 	unlawfully 	suspended by 	CSU beginning 	on
June 	1, 	1992. 	Payments 	to eligible employees 	shall be subject 	to
interest at 	the rate of 	seven 	(7) 	percent per annum.
2. 	Within twenty 	(20) 	days 	following service 	of 	this
Decision and Order, 	post at 	all work locations where notices 	to
employees 	are 	customarily placed, 	copies 	of 	the Notice attached
as 	an Appendix hereto, 	signed by an authorized agent 	of 	the
employer. 	Such posting 	shall 	be maintained 	for a period of
thirty 	(30) 	consecutive 	workdays. 	Reasonable 	steps 	shall 	be
taken to ensure that 	this Notice 	is not 	reduced in size, 	defaced,
altered 	or 	covered by any material.
3. 	Within thirty 	(30) 	days of 	service of 	this
Decision and Order, 	notify the 	Sacramento Regional 	Director of
the Public Employment Relations Board, 	in writing, 	of 	the steps
the 	employer has 	taken to 	comply with the 	terms 	of 	this 	Order.
Continue 	to 	report 	in writing 	to 	the Regional 	Director 	thereafter
as 	directed. 	All 	reports 	to the Regional Director shall 	be
served 	concurrently 	on 	CSEA.
Members 	Johnson and Dyer 	joined 	in 	this 	Decision.
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APPENDIX
NOTICE 	TO 	EMPLOYEES
POSTED 	BY ORDER 	OF 	THE
PUBLIC 	EMPLOYMENT 	RELATIONS 	BOARD
An agency of 	the 	State 	of 	California
In Unfair Practice Case No. 	LA-CE-328-H, 	California State
Employees Association. 	CSU Division SEIU Local 	1000. 	AFL-CIO v.
California State University, 	in which all 	parties 	had the 	right
to participate, 	it has been found that 	the California State
University 	(CSU) 	violated 	the 	Higher Education Employer-Employee
Relations Act 	(HEERA), 	Government Code section 3571(a) 	and 	(c)
when 	it 	unilaterally 	suspended merit 	salary adjustments 	for
employees 	represented by 	the 	California 	State 	Employees
Association, 	CSU Division, 	SEIU Local 1000, 	AFL-CIO 	(CSEA) 	on
June 	1, 	1992, 	prior to the 	completion of bargaining with CSEA.
As a result 	of 	this 	conduct, 	we have been ordered to post
this Notice and we will:
A. 	CEASE AND DESIST 	FROM:
1. 	Taking unilateral 	action and 	failing 	to meet 	and
confer 	in good 	faith with 	the 	CSEA about 	the 	suspension 	of merit
salary adjustments; 	and
2. 	By the same 	conduct, 	denying bargaining unit
employees 	the 	right 	to be 	represented by CSEA.
B. 	TAKE THE 	FOLLOWING AFFIRMATIVE ACTIONS
DESIGNED TO EFFECTUATE THE 	PURPOSES 	OF HEERA:
1. 	Pay eligible bargaining unit members 	the merit
salary 	adjustments 	unlawfully 	suspended by 	CSU beginning 	on
June 	1, 	1992. 	Payments 	to eligible employees 	shall be subject 	to
interest at 	the rate of 	seven 	(7) 	percent per annum.
Dated: 	CALIFORNIA 	STATE 	UNIVERSITY
By: Authorized 	Agent
THIS 	IS AN OFFICIAL NOTICE. 	IT MUST REMAIN POSTED 	FOR AT LEAST
THIRTY 	(30) 	CONSECUTIVE WORKDAYS 	FROM THE DATE OF POSTING AND
MUST NOT BE REDUCED 	IN SIZE, 	DEFACED, 	ALTERED OR COVERED BY ANY
MATERIAL.
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