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Arbitrator Rules that CSU Violated CBA When It Charged Unit 4 Employees for Partial-Day Absences

Under Award, Affected Unit 4 Employees Are Entitled to Restoration of Sick Leave and/or Vacation

08/11/2017

Article 28.27c of our Collective Bargaining Agreement (CBA) provides:

"[Exempt] [e]mployees who have absences of less than a full day shall receive a full day’s salary and shall neither have their salary docked nor be required to use sick leave or vacation for such absences of less than a full day.” 

As we previously reported, some campuses wrongly believe that there is an exception to this provision that allows them to require Unit 4 employees to use sick leave or vacation for partial-day absences that qualify as Family Medical Leave (FML).  We patiently explained to them why they were wrong but had to go the grievance route to make things right.

On July 20, Impartial Arbitrator Paul Crost ruled that CSU violated the CBA when it charged Unit 4 employees for such partial-day absences.  In his Decision and Award, Arbitrator Crost wrote:  “Given that that 28.27c makes no exception for different reasons for partial day absences,” CSU was “without any contractual authorization to do so.”  Arbitrator Crost continued:  “Having concluded that the University violated Article 28.27c, the appropriate remedy for the violation is to make all of the exempt employees whole for any losses of sick leave or vacation credits.”

Accordingly, you may be entitled to have sick leave or vacation restored to you if you

  • Are an exempt Unit 4 employee AND
  • Have been required to use sick leave or vacation for any partial day absences at any time since October 11, 2016.

If you believe that you meet these requirements, please contact APC Senior Labor Relations Representative Bernhard Rohrbacher at brohrbacher@apc1002.org.