UNION UNFAIR PRACTICES; UNION SECURITY; AGENCY/FAIR SHARE FEE; DUES DEDUCTION/CHECK OFF – Procedures for Collection
Single Topic for Decision 1472E
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803.03000 – Procedures for Collection
Violation found where agency fees were deducted from employee's paycheck before he was sent a Hudson notice. Where monies were improperly deducted from employee's paychecks for two consecutive months, and were not returned to the employee by the union until some eleven weeks after the first deduction and almost seven weeks after the second deduction, it is an unfair practice, without regard to whether the violation was advertent or inadvertent. The notion of a “de minimus” violation has only limited application in the agency fee context.