REMEDIES FOR UNFAIR PRACTICES; REMEDIES AGAINST UNION – Reimbursement of Dues, Fees and Exactions to Employees; Union Liability
Single Topic for Decision 1472E
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1204.04000 – Reimbursement of Dues, Fees and Exactions to Employees; Union Liability
The appropriate remedy is to direct the union to cease and desist from such conduct and, because it did not immediately return the monies deducted from the employee's paychecks, it is also appropriate to direct the union to pay interest to the employee until the total is paid at the rate of seven percent per annum. Employee's request to receive interest for a longer period of time, or until he cashes the fee reimbursement check he received from the union, denied because the purpose of an interest award is to make an aggrieved party whole. The remedy ordered by the Board accomplishes this goal. Employee's request for attorney's fees and costs denied because PERB awards such costs only after a finding of conduct that is without arguable merit, frivolous, vexatious, dilatory, pursued in bad faith or otherwise an abuse of process. (Hacienda La Puente Unified School District (1998) PERB Decision No. 1280.) Having discovered its error, the union made an attempt to correct it by issuing the employee a refund check. The fact that there was a delay in delivering the check to Gerber does not justify an award of attorney fees or costs under the standards articulated in Hacienda La Puente.