Fresno State faculty members picket and blow whistles in front of the university on the corner of Maple and Shaw avenues in Fresno on Monday, Jan. 22, 2024. The strike is planned for five days while faculty members call for higher pay.CRAIG KOHLRUSS
ckohlruss@fresnobee.com

CSU employees union roiled by infighting over who’s in charge; lawsuit filed

· The Fresno Bee

The California State University Employees Union has filed a lawsuit against 28 of its officers and former officers, many from campus chapters that were placed in emergency trusteeships due to sagging membership numbers and/or lost revenue from dues.

The union in the lawsuit filed in Orange County Superior Court in July alleged that the officials did not adhere to union bylaws in scheduling and holding a board meeting when it attempted to rescind the trusteeships and oust high-ranking leadership. They also purportedly elected a new president and vice president of finance.

That action by the defendants was taken in advance of a vote to update union bylaws to account for the addition of student assistants and employees of private non-profit auxiliary organizations in the CSU to comply with federal law, and targeted union president Catherine Hutchinson and vice president for finance Terrance Wilson for removal.

It also came at an awkward time, with the union bargaining with the CSU for new contracts, and opened questions regarding which executives and board members are actually leading a union that represents 36,000 members across the largest four-year public university system in the nation.

“I understand that they didn’t want the bylaws to go out, and it ended up not passing,” Hutchinson said. “But to try to remove Terry and I in the middle of a contract fight is just not the best time for the membership.”

The union in the lawsuit is seeking a declaratory judgment that the unauthorized meeting and any vote taken during it is invalid and has no legal force or effect.

It also is seeking a permanent injunction prohibiting the defendants, referred to in the lawsuit as ‘a rogue group of current and former directors,’ from acting on or enforcing any vote taken during that unauthorized meeting as well as costs of the suit as provided by law and for further relief that the court may deem proper.

The CSU declined comment, through a spokesperson.

A case management conference has been scheduled by the court for Dec. 18.

Dawn McCulley, an administrative assistant at Stanislaus State, was purportedly installed as union president by the defendants at the meeting.

McCulley contends the defendants acted properly in calling the board meeting: “Everything was properly noticed,” she said. “It was sent to them to show up. They chose not to. And the removal vote was taken, along with votes to decide whether the trusteeships should be ratified, and none of them were ratified.”

The CSUEU Policy file, which governs day-to-day operations, states all meetings shall be called at the direction of the president, and all meetings of the board of directors, committees, and bargaining unit councils at CSUEU expense require the prior approval of the president. Each request for a meeting must also be accompanied by an agenda in order to be approved. Any denial shall be in writing and appealable to the board of directors.

Without updated bylaws, Hutchinson said, the union is out of compliance with federal law. The union in 2024 expanded membership to include employees of private non-profit auxiliary organizations on CSU campuses, as well as student assistants.

“They’re trying to say we are (in compliance), but federal law requires that all members cast their own vote and our current governing documents does it by a proxy vote, where your executive boards cast votes on your behalf for the next statewide leadership,” Hutchinson said.

“Our structure is 20 years old, and it needs to change.”

The amendments to union bylaws would also have reduced the size of the board of directors, created a new regional governance structure and provided a direct vote by the membership in the election of statewide representatives, according to the lawsuit. They also would have held chapter presidents accountable for membership numbers within their chapters.

“Because it was changing the structure, we have leaders who just couldn’t see beyond holding onto the seats they currently have,” Hutchinson said.

In the lawsuit, the nine chapter presidents at campuses placed under trusteeships are listed as former members of the board of directors of CSUEU, and lost any right to vote on union actions. The 10th campus already has had a trustee appointed, according to the union’s online directory.

The CSUEU had 36 members on its board including elected union executives, chapter presidents and bargaining unit chairs and vice chairs.

Three of the defendants in the lawsuit are employed at Cal Poly — the union’s vice president for organizing Erin Foote, chapter president Jamie St. Cyr and council vice chair Amanda Sanchez.

Cal Poly is one of 10 chapters placed under trusteeship implemented by Hutchinson and the executive officer committee, pursuant to procedures set in CSUEU’s policy file, an internal governing document that is subordinate only to union bylaws..

The other chapters were the chancellor’s office, Cal State Dominguez Hills, Cal State East Bay, Long Beach State, Cal State Northridge, Cal State San Bernardino, San Diego State, San Jose State and Cal State San Marcos.

The union, according to the lawsuit, is in the process of appointing a trustee to replace the chapter presidents at those campuses.

Hope Hardwick, who works in facilities management at Fresno State and is a vice chair for the union, also is named a defendant. Two defendants also are employed at Stanislaus State — McCulley and chapter president Nicholas Webber.

Pam Robertson, a council vice chair at Sacramento State who is on leave, also is a defendant.