Past Unfair Practice Charges News

CSU Breaks Promise to Negotiate Over New Anti-Discrimination Policies

APC Files PERB Charge Over Unreadable Policies


Last year, APC filed an Unfair Practice Charge with the California Public Employment Relations Board (“PERB”) over CSU’s unilateral implementation of new anti-discrimination policies.  After PERB issued a complaint, APC settled the charge for a promise by CSU to bargain over revisions to the policies that it intended to propose soon thereafter.

After being provided with the text of the revised policies, APC accepted the earliest date offered by CSU to bargain over the policies.  The parties met on May 18, 2015.  APC raised a host of concerns and made many suggestions.  For one thing, the policies are unreadable for the simple fact that, at a combined one hundred and twenty six (126) pages, they are simply too long.  For another, the definition of “affirmative consent,” which is now required for sexual relationships between members of the campus community, is unintelligible.  We invite any of our members to read these policies (Executive Orders 1095, 1096, and 1097) and explain to the labor relations team just what they mean, because we cannot figure it out.

CSU did not respond to APC’s concerns and suggestions on May 18, but promised to do so in the future.  We did not hear again from the CSU until June 23, 2015, when we were told that the yet again revised policies would be implemented immediately, without addressing all of APC’s concerns and suggestions, and without giving APC an opportunity to review the latest versions of the policies and further bargain about them with the CSU.  In fact, CSU did not even provide APC with these latest versions.

APC was more than cooperative and suggested that implementation be held off for just one week so that we could review the latest version of the policies and share our thoughts about them with the CSU.  CSU told us they would get back to us.  Instead, the next communication from CSU that we received informed us that the policies had been implemented effective June 23, 2015.

CSU’s conduct falls far short of meeting its obligation to meet and confer with APC over these policies, with under the settlement agreement and under the law.  On June 26, 2015, we filed a PERB charge on the matter and we will not again make the mistake of settling it, or for that matter any other Unfair Practice Charge, for a promise that CSU apparently no intention to keep and that it promptly broke.  We will keep you posted.