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 0543E
Full Decision Text (click on the link to view): Full Text
401.11000 – Dues Deductions/Check Off/Agency Fee
Pursuant to section 3543.1(d), once new exclusive rep. certified, former exclusive rep. has no right to further dues deductions; contractual dues deductions provisions no longer enforceable, and employer must immediately honor dues deduction authorizations for new exclusive rep.. Upon certification, dues deduction authorizations for former exclusive rep. revoked by operation of law; inability to immediately cease former exclusive rep.'s deductions does not excuse failure to immediately honor new exclusive rep.'s authorizations. Retroactive nature of later agreed-to contract does not act as waiver of right to dues deductions prior to time of agreement; agreement to extend dues deduction provisions of old contract does waive right to dues deductions for applicable period after agreement.