CASE PROCESSING PROCEDURES; CHARGE – Standing
Single Topic for Decision 1310E
Full Decision Text (click on the link to view): Full Text
1100.03000 – Standing
Where charge presented no evidence that organization was an employee organization within the meaning of EERA section 3540.1(d), Board found that organization had no standing to file a charge under the EERA; p. 3, warning letter. PERB Regulation 32994(a) requires that an agency fee payer who wishes to challenge the amount of the fee by filing an unfair practice charge must first exhaust the exclusive representative’s agency fee appeal procedure unless the procedure is insufficient on its face; warning letter. Where there was no evidence of exhaustion, the charge is dismissed; participation in the arbitration must be in the year that is under challenge in the unfair; warning letter.