CASE PROCESSING PROCEDURES; CHARGE – Pleading Requirements

Single Topic for Decision 1310E

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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. In an agency fee case, PERB will defer to an arbitrator's award and refuse to issue a complaint where: (1) the arbitration proceedings were fair and regular; and (2) the arbitrator's award is not clearly repugnant to the purposes of the Act; warning letter.