EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS – Dues Deductions/Check Off/Agency Fee
Single Topic for Decision 0208E
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401.11000 – Dues Deductions/Check Off/Agency Fee
The employer's interest in agency fees is limited to its willingness to impose on its non-union employees an agency fee requirement and, if so, whether an authorization election is desirable. The employer also has a legitimate interest in negotiating some protection against the liability which might result from its agreement to withhold agency fees in excess of those permitted by law. The district's insistence on negotiating a cap on agency fees was outside its legitimate interest and therefore a violation of subsections 3543.5(c) and (d). Dues and agency fees are a matter of internal union policy; pp. 21-22. Union has a right to dues decuction regardless of its actions regarding strike activity.