EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; OTHER PER SE VIOLATIONS – Insistence on Nonmandatory/Illegal Subjects (See also Scope of Representation, Sec 1000)

Single Topic for Decision 0208E

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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 hold 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.