All notes for Subtopic 1204.04000 – Reimbursement of Dues, Fees and Exactions to Employees; Union Liability
| Decision | Description | PERC Vol. | PERC Index | Date |
|---|---|---|---|---|
| 2674Mb | Orange County Employees Association (Hamilton) 1204.04000: REMEDIES FOR UNFAIR PRACTICES; REMEDIES AGAINST UNION; Reimbursement of Dues, Fees and Exactions to Employees; Union Liability PERB declined to award attorney fees as damages in a breach of representation case because the employee’s civil complaint involved (1) the same discrimination claims in a grievance that her union failed to file, and (2) additional retaliation claims. (pp. 4-5.) Because both claims were based on the same core set of facts, they were inextricably intertwined and it was impractical or impossible to apportion the attorney’s time spent on each claim. Under these circumstances, the Board ruled it did not further the purposes of the MMBA to require the union to pay the employee’s attorney fees as damages for breaching its duty of fair representation. (pp. 5-6.) more or view all topics or full text. | 44 | 108 | 05/28/20 |
| 2674Ma | Orange County Employees Association (Hamilton) 1204.04000: REMEDIES FOR UNFAIR PRACTICES; REMEDIES AGAINST UNION; Reimbursement of Dues, Fees and Exactions to Employees; Union Liability In duty of fair representation cases, employees are only entitled to an award of back pay or other damages where they can show that the union’s breach was the actual or proximate cause of their injuries. It is incumbent upon the charging party to put evidence of causation into the record during PERB’s hearing process. (p. 4.) more or view all topics or full text. | 44 | 108 | 12/11/19 |
| 2674M | Orange County Employees Association (Hamilton) 1204.04000: REMEDIES FOR UNFAIR PRACTICES; REMEDIES AGAINST UNION; Reimbursement of Dues, Fees and Exactions to Employees; Union Liability When a union fails to fairly represent an employee in grievance processing, attorney fees may only be awarded when the employee hires private counsel to pursue the claims in the grievance that were impacted by the union’s unlawful conduct. (p. 10.) Employee not entitled to attorney fees because her lawsuit against her employer did not encompass the MOU violation alleged in her grievance. (p. 11.) more or view all topics or full text. | 44 | 76 | 10/15/19 |
| 2475E | United Teachers of Los Angeles (Raines, et al) 1204.04000: REMEDIES FOR UNFAIR PRACTICES; REMEDIES AGAINST UNION; Reimbursement of Dues, Fees and Exactions to Employees; Union Liability Because “waiver” generally denotes a voluntary relinquishment of a known right, there can be no waiver where there is no actual or constructive notice that a right is being relinquished. Employees cannot have acquiesced or waived their right to give input on a change in their collectively-bargained seniority rights or priority order when they neither knew nor reasonably should have known that the representative was considering modifying seniority or priority rights. more or view all topics or full text. | 40 | 147 | 02/29/16 |
| 1582H | University Professional and Technical Employees, Communications Workers of America Local 9119 (Trout) 1204.04000: REMEDIES FOR UNFAIR PRACTICES; REMEDIES AGAINST UNION; Reimbursement of Dues, Fees and Exactions to Employees; Union Liability The Board “may also issue a compliance order on its motion” under HEERA section 3587 and under its plenary powers under HEERA section 3563(m) but Trout has failed to allege facts that would support such an action. more or view all topics or full text. | 28 | 59 | 01/13/04 |
| 1589E | Paso Robles Public Educators (Andrus, et al.) 1204.04000: REMEDIES FOR UNFAIR PRACTICES; REMEDIES AGAINST UNION; Reimbursement of Dues, Fees and Exactions to Employees; Union Liability Union that collected agency fees prior to providing notice to fee payers must return those fees. more or view all topics or full text. | 28 | 65 | 01/22/04 |
| 1472E | California School Employees Association, Chapter 258 (Gerber) 1204.04000: REMEDIES FOR UNFAIR PRACTICES; REMEDIES AGAINST UNION; 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. more or view all topics or full text. | 26 | 33028 | 12/12/01 |
| 1374S | State of California (Department of Youth Authority) 1204.04000: REMEDIES FOR UNFAIR PRACTICES; REMEDIES AGAINST UNION; Reimbursement of Dues, Fees and Exactions to Employees; Union Liability Remedy for unilaterally changing steward release time policy was reinstatement of steward's lost time, cease and desist and posting. more or view all topics or full text. | 24 | 31059 | 02/28/00 |
| 1029S | California Union of Safety Employees (Trevisanut) 1204.04000: REMEDIES FOR UNFAIR PRACTICES; REMEDIES AGAINST UNION; Reimbursement of Dues, Fees and Exactions to Employees; Union Liability Only named parties should be granted a remedy. To grant a remedy to employees not named as parties amounts to amending the complaint; pp. 9-10. more or view all topics or full text. | 18 | 25026 | 12/13/93 |
| 0802E | San Ramon Valley Education Association CTA/NEA (Abbot/Cameron) 1204.04000: REMEDIES FOR UNFAIR PRACTICES; REMEDIES AGAINST UNION; Reimbursement of Dues, Fees and Exactions to Employees; Union Liability Failure to provide adequate agency fee collection procedures may require the return of those fees wrongfully withheld. more or view all topics or full text. | 14 | 21075 | 03/29/90 |
| 0757E | Ventura Unified School District 1204.04000: REMEDIES FOR UNFAIR PRACTICES; REMEDIES AGAINST UNION; Reimbursement of Dues, Fees and Exactions to Employees; Union Liability Though it has no affirmative obligation to ensure exclusive representative's compliance with Hudson, employer may be necessary party for purposes of injunctive releif in case against the union. more or view all topics or full text. | 13 | 20181 | 09/01/89 |
| 0751E | San Ramon Valley Unified School District 1204.04000: REMEDIES FOR UNFAIR PRACTICES; REMEDIES AGAINST UNION; Reimbursement of Dues, Fees and Exactions to Employees; Union Liability Though it has no affirmative obligation to ensure exclusive representative's compliance with Hudson, employer may be necessary party for purposes of injunctive relief in case against the union; p. 3. more or view all topics or full text. | 13 | 20201 | 06/29/89 |