Decision 2873H – Trustees of the California State University (San Diego)
LA-CE-1358-H
Decision Date: September 27, 2023
Decision Type: PERB Decision (Non-Precedential)
Description: Charging Party California State University Employees Union (CSUEU) alleged that the California State University (San Diego) (CSU) violated the Higher Education Employer-Employee Relations Act by refusing to process bargaining unit employee Sherry Velthuysen’s Early Exit Program (EEP) application without providing CSUEU prior notice and an opportunity to bargain over the decision. Following a formal hearing, the ALJ sustained the allegations, finding that the CSU unilaterally changed a term or interpretation of the EEP when it denied Velthuysen’s application because of her involvement in a prior settlement agreement, a reason not contemplated in the program terms. CSU excepted to the ALJ’s finding of a violation; CSUEU opposed CSU’s exceptions and cross-excepted to non-determinative portions of the proposed decision.
Disposition: In a non-precedential decision, the Board affirmed the proposed decision. The Board rejected the CSU’s claims that it did not change the status quo, instead finding that the CSU deviated from the terms of the EEP when it excluded individuals whose previously established retirement dates arose from a prior settlement agreement. The Board also found that CSU did not satisfy its burden to establish waiver, both and because it failed to plead a waiver defense in its Answer and the language CSU cited did not amount to a clear and unmistakable waiver
Perc Vol: 48
Perc Index: 58