Past Unfair Practice Charges News
NEWS

PERB Issues Another Complaint Against CSU, This Time Concerning In-Range Progressions

At Issue is Unilateral Implementation of Requirements that Unit 4 employees Go Through Supervisor and Wait 12 Months Between Requests

06/25/2014

Barely six months after the California Public Employment Relations Board (“PERB”) issued a complaint against CSU concerning its unilateral designation of all Unit 4 employees as “mandated reporters” who must report suspected cases of child abuse or risk conviction of a misdemeanor, PERB has issued another complaint against CSU.  This newest complaint concerns in-range progressions and, more specifically, the unilateral implementation of requirements that Unit 4 employees go through their supervisor, with no ability to go directly to HR if their supervisor does not act on their request, and that they wait 12 months between requests.  Click here to read this latest complaint.

As we wrote in a previous article on this issue, "It is bad enough that the denial of an in-range progression is not grievable.”  We noted that the unilateral implementation of these additional restrictions added “insult to injury.”  In issuing the complaint, PERB agreed that if APC can prove at a hearing before an Administrative Law Judge (“ALJ”) that the facts are as alleged in the complaint, and if the CSU cannot prove any defenses that would excuse its unilateral implementation of these restrictions, then CSU has violated its legal obligation under the California Higher Education Employer-Employee Relations Act (“HEERA”) to give APC notice and an opportunity to meet and confer (a/k/a/ “bargain” or “negotiate”) about the restrictions before implementing them.

We will update you on any developments in this case.  The “mandated reporter” case mentioned above is currently in the post-hearing briefing stage, with a “Proposed Decision” by the ALJ, which is appealable to PERB itself, expected in a month or two.