CFA Members File PERB Charge Over Unfair Implementation of Prohibitions

In May, the CSU Chancellor’s Office notified CFA members that it planned to implement what it called “Systemwide Guidance: Responding to Other Conduct of Concern” (OCC) in January 2025.

This implementation was designed to address concerns from students, faculty, and staff about unprofessional conduct, bias incidents, microaggressions, acts of intolerance, bullying, and abusive conduct that may fall outside the Nondiscrimination Policy, but are nonetheless disruptive to our working and learning environment.

The OCC guidance outlines three main areas of concern:

• Conduct directed at a person because of their protected status (e.g., age, disability, gender, race, etc.), but does not appear to violate CSU policy
• Conduct that may be considered disruptive to one’s working and learning environment, but is considered protected speech or conduct
• Conduct considered abusive or unprofessional, for which discipline may be imposed

As currently written, the OCC guidance fails to reflect the input and will of our members. It sets out vague prohibitions and invents new forms of progressive discipline (where the severity of disciplinary action gradually increases upon repeat occurrences) through counseling memos and other corrective measures.

CFA leaders met with CSU management over the summer about the policy. In September, the Chancellor’s office indicated that it would only bargain with CFA over the impact of the OCC guidance, not the decision to implement it.

Last Wednesday, CFA filed an Unfair Practice Charge with the Public Employment Relations Board (PERB) over CSU management’s refusal to bargain over the implementation of the OCC guidance.

We believe these prohibitions, if not examined more carefully, can lead to unjust disciplinary action against employees. We will continue to update you on the decision of the PERB charge as we learn more.