All notes for Subtopic 401.11000 – Dues Deductions/Check Off/Agency Fee

DecisionDescriptionPERC Vol.PERC IndexDate
2492M County of Butte
401.11000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS; Dues Deductions/Check Off/Agency Fee
Employer violated MMBA by withdrawing recognition and refusing to remit employee dues to exclusive representative prior to election certified in unit modification. Employer ordered to remit unlawfully withheld dues to the exclusive representative, with interest. more or view all topics or full text.
413106/30/16
I057M City of Fremont
401.11000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS; Dues Deductions/Check Off/Agency Fee
The MMBA authorizes the deduction of dues and agency fees from employee pay, to afford exclusive representatives the financial means to carry out their representation duties. The MMBA accords recognized employee organizations the right to represent their members in their employment relations with public agencies, and it is unlawful for a public agency to deny these organizations the rights guaranteed to them under the MMBA. more or view all topics or full text.
386810/25/13
1985S State of California (Department of Personnel Administration)
401.11000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS; Dues Deductions/Check Off/Agency Fee
After the expiration of a collective bargaining agreement, the union’s right to receive union dues survives. However, the State is not required to collect fair share fees after implementing the last, best and final offer irrespective of whether the State fully implements the entire last, best and final offer. more or view all topics or full text.
3216011/20/08

401.11000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS; Dues Deductions/Check Off/Agency Fee
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.

401.11000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS; Dues Deductions/Check Off/Agency Fee
County may restrict due deduction to only those employees who are members of the recognized employee organization and refuse to deduct dues for all employees even though requested to do so by the recognized employee organization. more or view all topics or full text.
A216E San Jose-Evergreen Community College District
401.11000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS; Dues Deductions/Check Off/Agency Fee
An enployer, when faced with competing claims on dues deduction rights due to changes resulting from an affiliation/disaffiliation, may take reasonable steps to avoid improper disbursement pending the Board's decision; p. 21. more or view all topics or full text.
142120310/29/90
1176S State of California (Department of Transportation) (International Union of Operating Engineers)
401.11000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS; Dues Deductions/Check Off/Agency Fee
Employer memos conveying information to employees concerning the right to resign from union membership simply communicate that the right exists and do not advocate a course of action are permitted under employer free speech and are not interference; p. 3, warning letter. The employer memos do not establish that the State solicited employees to withdraw from membership, only that the State informed employees of their right to do so; p. 3, warning letter. more or view all topics or full text.
212801611/18/96
0669E Chaffey Joint Union High School District (Fikes)
401.11000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS; Dues Deductions/Check Off/Agency Fee
Totality of employer's conduct constituted prima facie case of interference with agency fee election. more or view all topics or full text.
121908205/31/88
0609S State of California (Department of Personnel Administration)
401.11000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS; Dues Deductions/Check Off/Agency Fee
Allegation that union caused employer to interfere with employees' right to cease dues deductions by failing to implement policy of sending employee requests to State Controller's Office stated prima facie case of violation of 3519.5(a) and justified reversal of regional attorney's dismissal. more or view all topics or full text.
111803301/09/87
0610E San Diego Unified School District
401.11000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS; Dues Deductions/Check Off/Agency Fee
Employer violated 3543.5(a) and (b) where, in the absence of an exclusive representative, employer failed to honor dues deduction requests of non-exclusive representatives. more or view all topics or full text.
111803901/15/87
0549E Washington Unified School District
401.11000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS; Dues Deductions/Check Off/Agency Fee
Employer not proper respondent for claims of excessive agency fees; obligation to pay agency fee arises pursuant to contract, but amount determined independently. more or view all topics or full text.
101702412/16/85
0543E San Mateo Community College District
401.11000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS; Dues Deductions/Check Off/Agency Fee
Pursuant to section 3543.1(d), once new exclusive rep. certified, former exclusive rep. has no right to further dues deductions; contractual dues deductions provisions no longer enforceable, and employer must immediately honor dues deduction authorizations for new exclusive rep.. Upon certification, dues deduction authorizations for former exclusive rep. revoked by operation of law; inability to immediately cease former exclusive rep.'s deductions does not excuse failure to immediately honor new exclusive rep.'s authorizations. Retroactive nature of later agreed-to contract does not act as waiver of right to dues deductions prior to time of agreement; agreement to extend dues deduction provisions of old contract does waive right to dues deductions for applicable period after agreement. more or view all topics or full text.
101701512/13/85
0292E Rio Hondo Community College District
401.11000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS; Dues Deductions/Check Off/Agency Fee
District's threatened suspension of the statutorily guaranteed employee organization rights of dues deductions, reasonable access, and the right to represent members in grievances constitute separate violations of section 3543.5(a); p. 14. more or view all topics or full text.
71409103/08/83
0208E Fresno Unified School District
401.11000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS; Dues Deductions/Check Off/Agency Fee
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(c) and (d). Dues and agency fees are a matter of internal union policy; pp. 21-22. Union has a right to dues decuction regardless of its actions regarding strike activity. more or view all topics or full text.
61311004/30/82