Trustees of the California State University (PERB 1992H)

STATE OF CALIFORNIA
DECISION OF THE
PUBLIC EMPLOYMENT RELATIONS BOARD
STATE OF CALIFORNIA
DECISION OF THE
PUBLIC EMPLOYMENT RELATIONS BOARD
CALIFORNIA ALLIANCE OF ACADEMIC
STUDENT EMPLOYEES/DAW,
Charging Party,
V.
TRUSTEES OF THE CALIFORNIA STATE
UNIVERSITY,
Respondent.
Case Nos. LA-CE-853-H
LA-CE-888-H
PERB Decision No. 	1992-H
December 11, 2008
Appearances: 	Schwartz, Steinsapir, Dohrmann & Sommers by Margo A Feinberg, Attorney,
for California Alliance of Academic Student Employees/UAW; Marc D. Mootchnik,
University Counsel, for Trustees of the California State University.
Before Neuwald, Chair; McKeag and Wesley, Members.
DECISION
WESLEY, Member: 	This case is before the Public Employment Relations Board
(PERB or Board) on exceptions filed by the Trustees of the California State University (CSU)
to an administrative law judge's (ALJ) proposed decision and on cross-exceptions filed by the
California Alliance of Academic Student Employees/UAW (CAASE). 	In the proposed
decision, the ALJ held that CSU violated the Higher Education Employer-Employee Relations
Act (HEERA)1 section 357l(a) and ( c) by unilaterally excluding off-campus employees and
AmeriCorps participants from the bargaining unit represented by CAASE without first
exhausting unit modification procedures. 2
1HEERA is codified at Government Code section 3560 et seq.	HEERA is codified at Government Code section 3560 et seq.
2At the request of the parties, the hearing was limited to paragraphs 27 through 35 of
the amended complaint in Case No. LA-CE-853-H.
CALIFORNIA ALLIANCE OF ACADEMIC
STUDENT EMPLOYEES/UAW,
Charging Party, 	Case Nos. LA-CE-853-H
LA-CE-888-H
V .
PERB Decision No. 1992-H
TRUSTEES OF THE CALIFORNIA STATE
UNIVERSITY, 	December 11, 2008
Respondent.
Appearances: Schwartz, Steinsapir, Dohrmann & Sommers by Margo A. Feinberg, Attorney,
for California Alliance of Academic Student Employees/UAW; Marc D. Mootchnik,
University Counsel, for Trustees of the California State University.
Before Neuwald, Chair; McKeag and Wesley, Members.
DECISION
WESLEY, Member: This case is before the Public Employment Relations Board
(PERB or Board) on exceptions filed by the Trustees of the California State University (CSU)
to an administrative law judge's (ALJ) proposed decision and on cross-exceptions filed by the
California Alliance of Academic Student Employees/UAW (CAASE). In the proposed
decision, the ALJ held that CSU violated the Higher Education Employer-Employee Relations
Act (HEERA)' section 3571(a) and (c) by unilaterally excluding off-campus employees and
AmeriCorps participants from the bargaining unit represented by CAASE without first
exhausting unit modification procedures.
At the request of the parties, the hearing was limited to paragraphs 27 through 35 of
the amended complaint in Case No. LA-CE-853-H.

On September 28, 2008, CSU and CAASE entered into a settlement agreement
involving the matters covered in the proposed decision. The parties amended the settlement
agreement on November 24, 2008, and jointly requested that their respective exceptions and
cross-exceptions be withdrawn and the proposed decision be vacated. 	CAASE also withdrew
the allegations in the unfair practice charge in Case No. LA-CE-853-H upon which paragraphs
27 through 35 of the first amended complaint were based.
After reviewing the parties' request and the entire record in this matter, the Board finds
that granting this request is in the best interests of the parties and is consistent with the
purposes ofHEERA. (Hesperia Unified School District (2006) PERB Decision No. 1875.)
ORDER
The joint request by the Trustees of the California State University and the California
Alliance of Academic Student Employees/DAW to withdraw the exceptions and cross
exceptions to the proposed decision in Case No. LA-CE-853-H and to vacate the proposed
decision is hereby GRANTED. The allegations in Case No. LA-CE-853-H upon which
paragraphs 27 through 35 of the first amended complaint are based are hereby WITHDRAWN.
Chair Neuwald and Member McKeag joined in this Decision.
2
On September 28, 2008, CSU and CAASE entered into a settlement agreement
involving the matters covered in the proposed decision. The parties amended the settlement
agreement on November 24, 2008, and jointly requested that their respective exceptions and
cross-exceptions be withdrawn and the proposed decision be vacated. CAASE also withdrew
the allegations in the unfair practice charge in Case No. LA-CE-853-H upon which paragraphs
27 through 35 of the first amended complaint were based.
After reviewing the parties' request and the entire record in this matter, the Board finds
that granting this request is in the best interests of the parties and is consistent with the
purposes of HEERA. (Hesperia Unified School District (2006) PERB Decision No. 1875.)
ORDER
The joint request by the Trustees of the California State University and the California
Alliance of Academic Student Employees/UAW to withdraw the exceptions and cross-
exceptions to the proposed decision in Case No. LA-CE-853-H and to vacate the proposed
decision is hereby GRANTED. The allegations in Case No. LA-CE-853-H upon which
paragraphs 27 through 35 of the first amended complaint are based are hereby WITHDRAWN.
Chair Neuwald and Member Mckeag joined in this Decision.
N