UNION UNFAIR PRACTICES; UNION SECURITY; AGENCY/FAIR SHARE FEE; DUES DEDUCTION/CHECK OFF – Procedures for Collection

Single Topic for Decision 1673H

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The Board dismissed O’Malley’s allegation that CNA used O’Malley’s agency fees before issuing a Hudson notice. CNA made every attempt to accommodate O’Malley, including refunding the fees with interest after O’Malley brought the issue to its attention. CNA was also proactive in attempting to arrange with the University to stop O’Malley’s deduction. There is evidence in the record that the Hudson notice was actually sent to the addresses of all non-members provided by the employer before the fees were deducted. The Board finds California Nurses Association (O’Malley) (2004) PERB Decision No. 1607-H dispositive in that once CNA has refunded the agency fees, there is no possibility for harm to O’Malley that the Board could remedy. The Board also stated that to the extent California School Employees Association, Chapter 258 (Gerber) (2001) PERB Decision No. 1472 is inconsistent with California Nurses Association (O’Malley), it is overturned.