Factfinding begins Monday; CFA files Unfair Practice Charge

CFA will begin factfinding on Monday, November 23. As reported, in factfinding, we will make our case that 5% and an SSI are fair terms for settling the salary dispute. Once factfinding is completed, we are legally permitted to begin job actions up to and including strike.

Even as we proceed with factfinding, on Thursday, Nov. 19, CFA filed an unfair labor practice charge (ULP) with California’s Public Employer Employee Relations Board (PERB). 

The ULP argues that the CSU has been bargaining in bad faith. The charge is based on language in HEERA which requires that the CSU and CFA reach an agreement on salary before the university sends a budget request to the legislature and governor. 

In fact, in both 2015-16 and 2016-17 the CSU made Support Budget requests that included their plan to implement a 2% faculty salary increase for each year. By making a budget request prior to reaching agreement with CFA on what would be needed to offer an adequate salary pool and by arguing that they have “allocated $65.5 million for a 2 percent compensation pool for all employees,” and limiting discussion of salary to that predetermined pool, the CSU has “violated its duty to meet and confer with CFA in good faith.”

In his remarks to the Board of Trustees on Wednesday November 18 Kevin Wehr highlighted the problem. “What you fail to understand is that deciding what you think is fair compensation for your employees before the bargaining process even begins is not bargaining in good faith,” Wehr said. “Indeed Section 3572b HEERA of recognizes that fact and says that once we reach an agreement ‘an appropriate request for financing or budgetary funding for all state-funded employees… shall be forwarded…to the Legislature and the Governor.’ You have put the cart before the horse.”

CFA and CSU management have been bargaining since May over faculty salaries for the second year of the Unit 3 contract.