“In our view, HSU has not made a case for an increase of the magnitude of 16%. Doing the best we can on the material before us, including the conduct of HSU and its members, we have concluded that an initial adjustment of 5.25% is justified with further annual increments of 3.25% for the life of the determination.

In light of the delays occasioned by the parties’ attempts to resolve the matter through private and Commission assisted bargaining subsequent to the termination of the bargaining period and the delay in publishing our decision we are satisfied that there are special and compelling circumstances for making the adjustment retrospective. Accordingly, the initial 5.25% increase will be retrospective to 21 November 2008, i.e. the last day for filing written submissions at the conclusion of the hearing”