All notes for Subtopic 1000.02007 – Agency Fee; Amount

DecisionDescriptionPERC Vol.PERC IndexDate

1000.2007: SCOPE OF REPRESENTATION; Agency Fee; Amount
Because sections 3502 and 3506 prohibit union interference with an employee's right not to join a union and because MMBA provides no statutory support for agency fee, it is illegal to require employees to pay an agency fee. more or view all topics or full text.

1000.2007: SCOPE OF REPRESENTATION; Agency Fee; Amount
Section 3540.1(i)(2) definition of agency fee as a security arrangement requiring payment of fee "as a condition of continued employment" does not require termination of non-payers as only means of enforcement. A definition does not set out a remedy, much less an exclusive remedy. A civil action is an appropriate remedy for enforcement agency shop obligation. [32 Cal.3d at 847] Requiring dismissal of an employee as the only remedy is too drastic measure for the court to endorse. The union and employer should be allowed to choose whichever remedy is appropriate. more or view all topics or full text.
0208E Fresno Unified School District
1000.2007: SCOPE OF REPRESENTATION; Agency Fee; Amount
The employer's interest in agency fees is limited to its willingness to impose on its non-union employees an agency fee requirement and, if so, whether an authorization election is desirable. The employer also has a legitimate interest in negotiating some protection against the liability which might result from its agreement to withhold agency fees in excess of those permitted by law. The district's insistence on negotiating a cap on agency fees was outside its legitimate interest and therefore a violation of subsections 3543.5(d) and (d); pp. 21-22. more or view all topics or full text.
61311004/30/82