The tentative Emergency Pay settlement agreement, which establishes a $5 million fund to compensate employees, is the result of an unfair practice charge our Union filed when the CSU unilaterally ended Emergency Pay on May 31, 2020. CSUEU members will have an opportunity to vote whether to accept or reject the settlement agreement from Monday, Nov. 29 through 5 p.m. Friday, Dec. 10. Only members are eligible to vote. If you are not yet a member, sign up today. The Leadership of the Union recommends a “Yes” vote on this ratification. Frequently Asked Questions BACKGROUND: How we arrived at voting on a $5 million fund for Emergency Pay CSU implemented, and later ended, an emergency pay program without bargaining with CSUEU. Had our Union been afforded its legal right to bargain, our bargaining team could have negotiated how long the program would last, how much would be paid out in Emergency Pay per hour, under what circumstances employees would be called to work during the emergency, etc. CSUEU filed an unfair practice charge, and we reached a settlement agreement for a $5 million fund. The $5 million fund is to augment the pay of those who worked on campus during the emergency period. 1. What am I being asked to vote on? You are voting whether to accept or reject a settlement agreement instituting a $5 million fund to compensate CSUEU-represented employees for the CSU violation of the duty to bargain over the cut off of Emergency Pay on May 31, 2020. 2. What happens if the settlement is accepted? If the CSUEU membership votes “Yes” (by majority of the valid votes counted), the Union and CSU will calculate the amounts owed to non-exempt employees (using HR payroll data) based on the overtime an employee earned during the Emergency Pay period from March 20 to May 31, 2020. Exempt employees will be paid based on sworn declarations of work on campus during the same period until the fund is exhausted. 3. What happens if the ratification vote fails? Settlement is rejected? If the CSUEU membership votes “No” (by majority of the valid votes counted), the settlement with the CSU will be rejected and the case will proceed to an Administrative Trial. Unfair practice trials generally take about 10 months to schedule with PERB (Public Employee Relations Board). As a result of trial, we have no guarantee of payment nor a timeline for payment because the settlement talks cannot be used in trial. 4. Do I have to be a dues paying member to vote? Yes. Only full dues paying members may vote. 5. Can I sign up as a member and vote today? Yes. You can sign up as a member and have your vote counted. Please go to www.csueu.org/join and fill out the membership form. Once you have joined the union, call 916-319-4800, give your personal email address and request a ballot link be sent to you. 6. What is the issue that this settlement is addressing? In March of 2020 when the pandemic started, the CSU (through a “Tech Letter”) implemented a policy of compensating non-exempt (non-exempt employees are able to receive overtime pay) “essential employees” for physically working on campus. Exempt employees in some cases received informal time off. CSUEU quickly let the CSU know that legally, changes to pay are subject to bargaining. At the end of May 2020 the CSU unilaterally ended the program. Again, the CSUEU let the CSU know that programs like this are legally subject to bargaining. CSUEU filed what’s known as an “unfair practice charge” with the Public Employment Relations Board. A charge was issued and we entered into negotiations to settle the issue without going to a trial. 7. Why did we choose to settle instead of going to a trial? A trial has an uncertain outcome to both the CSU and CSUEU. Also, as previously noted, a trial will take several months to schedule and that’s in addition to the time a trial takes as well as any appeals that could result. This translates to an uncertain outcome both in terms of the CSUEU prevailing as well as what monetary award, if any, could result. If we were to prevail at hearing, it could be years before any compensation is awarded to the represented employees of our Union. By settling the charge, we have a defined amount and those affected will receive some form of compensation in a timely manner. 8. What did CSUEU negotiate as a settlement? The CSU has tentatively agreed to a pool of $5 million to be split into two categories: $4.5 million is to go to non-exempt (hourly/can receive overtime) employees and $500,000 is to be allocated to exempt employees. In order to arrive at this settlement, the CSUEU and CSU used a judge assigned by PERB to mediate and advise the parties on the probable outcomes of a trail. Both sides compromised in order to obtain earlier result. 9. How is the settlement award for non-exempt employees calculated? The CSU provided to our Union a report of all “overtime” entries for non-exempt employees for the months of March through May 2020. The parties agreed that all “overtime” listed on the payroll report was in-person work covered by the time-and-a-half provision the CSU implemented at the start of the pandemic. We assessed that the CSU overtime list is our best estimate of the non-exempt employees eligible for premium pay. The formula to determine the total dollar amount for each employee eligible to participate (still employed at the time of the agreement) is: Multiply hourly rate of pay by total number of “overtime” hours. The individual’s total dollar amount is then divided by the total dollars earned by *all* employees who worked on campus. That percentage is then applied to the $4.5 million settlement to determine the individual’s portion of the settlement. Example: John makes $22/hour and worked a total of 45.3 hours in person between March and May 2020: ($22 X 45.3 = $996.60). If the total dollars earned by *all* employees who worked on campus totaled $8 million, then John’s share would be ($996.60/$8,000,000)*$4,500,000 = $560.59. 10. How many people are expected to receive something as part of the settlement? There are currently just over 5,000 non-exempt members who could be eligible for a portion of the settlement. This does not include the exempt employees as there is not a centralized tracking system for in-person work performed by this group. 11. What if I am a non-exempt employee who physically worked on campus between March 2020 and May 2020 but do not receive a check? If you believe that you should have received a settlement check, and did not, please contact a steward to work with your labor representative to address the issue. 12. If I am exempt and worked on campus, what is the process for receiving compensation? Exempt employees will make a declaration that they worked and provide the approximate days and hours. After collection, the affected employees will receive a portion of the $500,000 set aside for exempt employees. 13. If I am part of the group that receives compensation, when will I receive my check? Checks will be distributed within 165 days after finalizing the recipients list.