Court orders back pay for 400 CSULB workers

About 400 employees at Cal State Long Beach will receive back pay as the result of a court decision affecting some 12,000 employees of the California State University system.

Health care workers, operations support, clerical and administrative employees represented by the California State Employees Association will share $4 million to $6 million in system-wide, court-ordered back pay.

The 2nd District Court of Appeals in Los Angeles ruled in December that the CSU administration had no right to suspend the payment of merit salary increases without permitting the union to meet and discuss its contract, according to California Court of Appeals on-line records.

"It is a major win for us," said J.W. Jimenez, director of the union's CSU Division. "It is a basic principle of labor law that an employer cannot change working conditions like this while continuing to negotiate terms of a new contract."

The problem began after the CSEA contract expired in May 1992. CSU administrators announced that the salary increases would cease while at the same time continuing contract negotiations with CSEA, according to on-line court documents.

CSU refused to negotiate its decision to suspend salary increases and to discuss the effect that the decision would have on employees, according to on-line court documents.

"When the contract expired, we suspended payments," said Sam Strafaci, interim senior director of human resources CSU.

CSEA filed an unfair labor practice complaint with the California Public Employment Relations Board. After the employment board dismissed CSEA's claim and denied reconsideration, CSEA appealed to the 2nd District Court, according to on-line court records.

"When CSU made the announcement to stop payments because of budget constraints, CSEA requested to meet and discuss the decision and CSU refused," said Hubert Lloyd, CSEA, CSU Division chief steward. "The basic issue is that CSU disregarded the law and denied negotiation."

CSU had asserted that the union had waived its right to payments of salary increases because nothing in the previous contract called for continued payments after expiration of the contract, according to on-line court documents.

The court decided in favor of CSEA and ordered CSU to reimburse employees represented by CSEA for back wages plus interest from the pay period June 1, 1992 until May 19, 1993, when a new contract was reached. The court also ordered CSU to reimburse CSEA for its costs in the case, CSEA officials said.

The court decided that "for reasons which are not apparent from the record, CSU did not submit its proposal for public comment and review in a timely manner, which in turn delayed its submission to the union."

"CSU will not seek an appeal," Strafaci said.