UNION UNFAIR PRACTICES; UNION SECURITY; AGENCY/FAIR SHARE FEE; DUES DEDUCTION/CHECK OFF – Proper Uses

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Under Los Rios College Federation of Teachers, Local 2279, CFT/AFT (Deglow) (1992) PERB Decision No. 950, once CNA refunded the collected fees in full to O’Malley, CNA could not use the fees in any way, let along wrongfully use them. Thus there is no possibility of harm that the Board could remedy. CNA’s refund of agency fees to O’Malley does not violate PERB’s agency fee regulations (PERB Regs. 32990-32997). Those regulations presume the possession of collected fees by either the exclusive representative or deposit in an escrow account pursuant to PERB Regulation 32995