California St. Emp. Assn. v. Pub. Emp. Rel. Bd.

Christine Helwick and Donald A. Newman for Real Party in Interest.

OPINION

JOHNSON, J.

California State Employees' Association, CSU Division, SEIU Local 1000, AFL-CIO, petitions for review of a decision of the Public Employment Relations Board (PERB or Board). The Board rejected the proposed decision of the administrative law judge and found the California State University (CSU) had not committed an unfair labor practice by unilaterally suspending payment of merit salary adjustments without providing the union an opportunity to discuss the decision and its effects on its members.

A majority of the Board members concluded CSU did not have an established practice of paying merit salary adjustments (MSA's) and therefore CSU's obligation to fund them ceased at termination of the contract which provided for MSA's for the "duration" of the contract. In addition, the Board found CSU was statutorily prohibited from paying merit salary adjustments because the Legislature had not provided funds expressly for this purpose.

We conclude the Board's finding the CSU did not have an established practice of paying merit salary adjustments is not supported by the evidence and is contrary to…