All notes for Subtopic 1501.01000 – In General
| San Bernardino Public Employees Association
1501.01000: MISCELLANEOUS ISSUES; FINANCIAL REPORTS; In GeneralNo violation of MMBA section 3502.5(f) where employee received financial reports with stamps or watermarks that did not completely obscure any information in the report. more or view all topics or full text.
| Claremont Faculty Association (Lukkarila)
1501.01000: MISCELLANEOUS ISSUES; FINANCIAL REPORTS; In GeneralRespondent violated EERA section 3546.5 because the financial report provided was not “signed and certified as to accuracy by its president, treasurer, or corresponding principal officers.” An unexcused delay in responding to a request for a financial report is analogous to an employer’s unexcused delay in responding to a request for information that is relevant and necessary to an employee organization’s representational duties. Therefore, for the period of time between a request for the report and the delay in providing the signed report, the union was in breach of EERA section 3546.5. Subsequently providing a financial report after the issuance of a complaint, without explanation, does not excuse a violation prior to that date. Subsequent to the repeal of PERB Regulation 32125, a charging party alleging a violation of EERA section 3546.5 is now entitled to a remedy besides receipt of the applicable financial report, viz., a posting by the respondent. more or view all topics or full text.
| California School Employees Association and its Chapter 47 (Shampine, et al.)
1501.01000: MISCELLANEOUS ISSUES; FINANCIAL REPORTS; In GeneralEERA section 3546.5 gives a union up to 60 days from the end of its fiscal year to prepare and make available reports required by EERA section 3546.5. An alleged violation of EERA section 3546.5 is to be processed as an unfair practice charge, and therefore the six-month statute of limitations found in EERA section 3541.5(a)(1) applies. An employee organization’s duty under EERA section 3546.5 to “make available” its financial report does not require the employee organization to affirmatively distribute its financial report to members who do not request it. It is a member’s request that triggers the organization’s duty to provide the financial report, not the passing of the 60 days after the close of the organization’s fiscal year. If an unfair practice charge is filed within six months of the organization’s refusal or failure to provide its financial report to a member who has asked for it, the charge is timely. A union member’s request for “financial records (Treasurer’s Report)” suffices as adequate notice to the union of a request for the union’s financial report required under EERA section 3546.5. more or view all topics or full text.
| State Employees Trades Council United (Ventura, et al.)
1501.01000: MISCELLANEOUS ISSUES; FINANCIAL REPORTS; In GeneralUnder HEERA section 3587, charging parties do not need to demonstrate whether union’s annual financial report or its quarterly reports qualify as "a balance sheet and an operating statement." Rather, all charging parties must do is request the "financial report." The union’s failure to provide the financial report upon request denied charging parties the rights guaranteed by HEERA section 3587. The appropriate remedy for this violation is to remand this case to the General Counsel's Office to process the charge in accordance with the Board's decision. more or view all topics or full text.
| Los Angeles City and County School Employees Union (Kimmett)
1501.01000: MISCELLANEOUS ISSUES; FINANCIAL REPORTS; In GeneralAs appeal consisted solely of submission of copy of financial report form originally submitted to PERB, Board rejected appeal of dismissal of financial statement complaint for failure to comply with PERB Regulation 32125(a); p. 3. more or view all topics or full text.
| California Teachers Association and National Education Association (Link)
1501.01000: MISCELLANEOUS ISSUES; FINANCIAL REPORTS; In GeneralAgency fee payers have standing to request a financial report from the exclusive representative. Section 3546.5 permits "any employee within the organization" to petition the PERB for compliance with the requirement that financial reports be made available. This phase includes fee payers in addition to members of the organization. Agency fee payers have no right to financial reports from organizations with which the exclusive representative is affiliated. The obligation to provide financial information extends only to the exclusive representative. more or view all topics or full text.