All notes for Subtopic 803.01000 – In General

DecisionDescriptionPERC Vol.PERC IndexDate
2572M San Bernardino Public Employees Association
803.1000: UNION UNFAIR PRACTICES; UNION SECURITY; AGENCY/FAIR SHARE FEE; DUES DEDUCTION/CHECK OFF; In General
Before an employee is obligated to join the union or pay an agency fee, union must give notice of right not to become a member and to object to paying for union activities unrelated to the union’s duties as the bargaining representative, but this notice need not be provided in the organizational security provisions in a memorandum of understanding. more or view all topics or full text.
43706/21/18
2295M City and County of San Francisco (Department of Aging and Adult Services)
803.1000: UNION UNFAIR PRACTICES; UNION SECURITY; AGENCY/FAIR SHARE FEE; DUES DEDUCTION/CHECK OFF; In General
The proper respondent in an action to challenge the amount of an agency fee deduction is the union or exclusive representative. Therefore, charge alleging improper collection of agency fee should have named exclusive representative, rather than employer, as respondent. more or view all topics or full text.
11/30/12
2236M Office and Professional Employees International Union, Local 29, AFL-CIO and Central Labor Councils (Fowles)
803.1000: UNION UNFAIR PRACTICES; UNION SECURITY; AGENCY/FAIR SHARE FEE; DUES DEDUCTION/CHECK OFF; In General
Allegations that employee did not receive notice of her right not to become a union member, and that notice she did receive was inadequate to apprise her of her rights because union misrepresented that she was required to join union and pay full union dues as a condition of employment and failed to inform her of her rights to become an agency fee payer and to pay a reduced fee, states a prima facie violation of the MMBA and PERB Regulation 32992. more or view all topics or full text.
3612002/07/12
2135S Service Employees International Union Local 1000 (Slotterbeck)
803.1000: UNION UNFAIR PRACTICES; UNION SECURITY; AGENCY/FAIR SHARE FEE; DUES DEDUCTION/CHECK OFF; In General
Allegations that union failed to honor non-member’s request to pay reduced fair share fee for two prior fiscal years were untimely because non-member knew, or should have known, when he received his first paycheck of each fiscal year that the union had not honored his request; the deduction of the full fair share fee on each subsequent paycheck did not extend the six-month statute of limitations under the continuing violation doctrine. Charge did not allege facts showing that the union failed to honor the non-member’s request to pay a reduced fair share fee in the current fiscal year. Non-member lacked standing to allege that the union improperly calculated the fair share fee because the non-member did not allege that he exhausted the union’s internal procedure for challenging the fee calculation, as required by PERB Regulation 32994(a). more or view all topics or full text.
3414210/06/10
2137H California State University Employees Union, Service Employees International Union Local 2579 (Sarca)
803.1000: UNION UNFAIR PRACTICES; UNION SECURITY; AGENCY/FAIR SHARE FEE; DUES DEDUCTION/CHECK OFF; In General
Because the charging party was not obligated to pay a fair share fee, he lacked standing to allege that the union improperly calculated the fair share fee amount. Although it satisfied the exhaustion of internal challenge procedures requirement in PERB Regulation 32994(a), charging party’s representation of other employees in fair share fee arbitration proceedings did not confer standing upon him. more or view all topics or full text.
3415210/20/10
1973E Los Angeles City and County School Employees Union, Local 99 (Grove)
803.1000: UNION UNFAIR PRACTICES; UNION SECURITY; AGENCY/FAIR SHARE FEE; DUES DEDUCTION/CHECK OFF; In General
The six-month statute of limitations was not extended under the continuing violation doctrine each time an employee’s union dues were deducted from the employee’s paycheck. The Board lacks jurisdiction to consider an employee’s claim that the union’s failure to immediately reduce his union dues upon resignation from union membership violated his constitutional right to resign from union membership. more or view all topics or full text.
3213108/26/08
1991E Service Employees International Union, Local 99 (Arteaga)
803.1000: UNION UNFAIR PRACTICES; UNION SECURITY; AGENCY/FAIR SHARE FEE; DUES DEDUCTION/CHECK OFF; In General
Allegation that union improperly calculated and deducted charging party’s agency fees dismissed because charge failed to allege, as required by PERB Regulation 32994(a), that charging party had exhausted union’s agency fee appeal procedure or that the procedure was insufficient on its face. more or view all topics or full text.
331912/09/08
1844E Kern High Faculty Association, CTA/NEA (Maaskant)
803.1000: UNION UNFAIR PRACTICES; UNION SECURITY; AGENCY/FAIR SHARE FEE; DUES DEDUCTION/CHECK OFF; In General
Exclusive representatives are under no obligation to accept agency fees from non-members. The test for standing is whether the union accepted an employee’s agency fee payment. Once a union collects an agency fee payment, it is presumed that the union has accepted the payment and the employee has standing to challenge the fees. In order to dispossess an employee of standing, a union must take an affirmative act to completely relieve the employee of agency fee payer status. more or view all topics or full text.
3012805/19/06
A351H California State University Employees Union, Service Employees International Union Local 2579, California State Employees Association (Sarca)
803.1000: UNION UNFAIR PRACTICES; UNION SECURITY; AGENCY/FAIR SHARE FEE; DUES DEDUCTION/CHECK OFF; In General
A petition to compel the production of financial records is not an unfair practice charge. Rather, it is a statutory mechanism to compel compliance with the disclosure requirements for certain records. Once the records are produced, the responding party’s obligations have been fully discharged and the matter is properly dismissed. Petitions to compel compliance with HEERA section 3587 are not appropriate mechanisms to challenge agency fee calculations. Such challenges are governed by PERB Regulation 32994. more or view all topics or full text.
308103/02/06
1833E Arcadia Teachers Association (Heggem)
803.1000: UNION UNFAIR PRACTICES; UNION SECURITY; AGENCY/FAIR SHARE FEE; DUES DEDUCTION/CHECK OFF; In General
Religious objectors and agency fee payers/objectors are not similarly situated classes. There is no statutory requirement that religious objectors be given an annual notice or that they are entitled to pay a reduced agency fee. more or view all topics or full text.
3010604/10/06
1818H University Professional and Technical Employees, Communications Workers of America Local 9119 (Hawley, et al.)
803.1000: UNION UNFAIR PRACTICES; UNION SECURITY; AGENCY/FAIR SHARE FEE; DUES DEDUCTION/CHECK OFF; In General
Agency fee questions regarding the credibility of amounts listed as chargeable or non chargeable not for auditor to decide but must be addressed by timely objection after receipt of Hudson notice and timely request for arbitration hearing on accurate determination of chargeability in concert with the holding in Harik v. California Teachers Association (2003) 326 F. 3d 1042. more or view all topics or full text.
306802/16/06
1819H University Professional and Technical Employees, Communications Workers of America Local 9119 (Jinenez-Newby)
803.1000: UNION UNFAIR PRACTICES; UNION SECURITY; AGENCY/FAIR SHARE FEE; DUES DEDUCTION/CHECK OFF; In General
Agency fee questions regarding the credibility of amounts listed as chargeable or non chargeable not for auditor to decide but must be addressed by timely objection after receipt of Hudson notice and timely request for arbitration hearing on accurate determination of chargeability in concert with the holding in Harik v. California Teachers Association (2003) 326 F. 3d 1042. more or view all topics or full text.
307002/16/06
1820H University Professional and Technical Employees, Communications Workers of America Local 9119 (Yaron)
803.1000: UNION UNFAIR PRACTICES; UNION SECURITY; AGENCY/FAIR SHARE FEE; DUES DEDUCTION/CHECK OFF; In General
Agency fee questions regarding the credibility of amounts listed as chargeable or non chargeable not for auditor to decide but must be addressed by timely objection after receipt of Hudson notice and timely request for arbitration hearing on accurate determination of chargeability in concert with the holding in Harik v. California Teachers Association (2003) 326 F. 3d 1042. more or view all topics or full text.
306902/16/06
1821H University Professional and Technical Employees, Communications Workers of America Local 9119 (Ball)
803.1000: UNION UNFAIR PRACTICES; UNION SECURITY; AGENCY/FAIR SHARE FEE; DUES DEDUCTION/CHECK OFF; In General
Agency fee questions regarding the credibility of amounts listed as chargeable or non chargeable not for auditor to decide but must be addressed by timely objection after receipt of Hudson notice and timely request for arbitration hearing on accurate determination of chargeability in concert with the holding in Harik v. California Teachers Association (2003) 326 F. 3d 1042. more or view all topics or full text.
306702/16/06
1829H University Professional and Technical Employees, Communications Workers of America Local 9119 (Hermanson)
803.1000: UNION UNFAIR PRACTICES; UNION SECURITY; AGENCY/FAIR SHARE FEE; DUES DEDUCTION/CHECK OFF; In General
Board agent acted outside scope of duties and outside Board’s jurisdiction in allowing exclusive representative to change timeline for filing objections set forth in PERB Regulation 32994(b)(3). more or view all topics or full text.
309903/10/06
1830H University Professional and Technical Employees, Communications Workers of America Local 9119 (Trout)
803.1000: UNION UNFAIR PRACTICES; UNION SECURITY; AGENCY/FAIR SHARE FEE; DUES DEDUCTION/CHECK OFF; In General
Under PERB Regulation 32994(b)(3) union is required to request agency fee hearing within 45 days of the last date employees may object to the non-chargeable fees set forth in the annual written notice outlining chargeable and unchangeable expenses. more or view all topics or full text.
3010103/10/06
1831H University Professional and Technical Employees, Communications Workers of America Local 9119 (Booth)
803.1000: UNION UNFAIR PRACTICES; UNION SECURITY; AGENCY/FAIR SHARE FEE; DUES DEDUCTION/CHECK OFF; In General
Board agent acted outside scope of duties and outside Board’s jurisdiction in allowing exclusive representative to change timeline for filing objections set forth in PERB Regulation 32994(b)(3). more or view all topics or full text.
3010203/13/06
1817H University Professional and Technical Employees, Communications Workers of America Local 9119 (Nickols, et al.)
803.1000: UNION UNFAIR PRACTICES; UNION SECURITY; AGENCY/FAIR SHARE FEE; DUES DEDUCTION/CHECK OFF; In General
Agency fee questions regarding the credibility of amounts listed as chargeable or non chargeable not for auditor to decide but must be addressed by timely objection after receipt of Hudson notice and timely request for arbitration hearing on accurate determination of chargeability in concert with the holding in Harik v. California Teachers Association (2003) 326 F. 3d 1042. more or view all topics or full text.
306102/16/06
1673H California Nurses Association (O'Malley)
803.1000: UNION UNFAIR PRACTICES; UNION SECURITY; AGENCY/FAIR SHARE FEE; DUES DEDUCTION/CHECK OFF; In General
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. more or view all topics or full text.
2821808/06/04
1607H California Nurses Association (O'Malley)
803.1000: UNION UNFAIR PRACTICES; UNION SECURITY; AGENCY/FAIR SHARE FEE; DUES DEDUCTION/CHECK OFF; In General
Refunding agency fees does not require termination of non-members for failure to pay agency fees as required by a collective bargaining agreement. San Lorenzo Education Assn. v. Wilson (1982) 32 Cal. 3d 841, 847 [187 Cal. Rptr. 432].) In this case, CNA voluntarily refunded O’Malley’s fees and there is no indication that either CNA or the University of California plan to terminate his employment. O’Malley may not assert agency fee objections on behalf of other unit employees. more or view all topics or full text.
2811703/18/04
1578H California Nurses Association (O'Malley)
803.1000: UNION UNFAIR PRACTICES; UNION SECURITY; AGENCY/FAIR SHARE FEE; DUES DEDUCTION/CHECK OFF; In General
HEERA section 3587, as implemented by PERB Regulation 32135, provides the appropriate and only remedy for failure to make available CNA’s financial records, a petition to compel compliance. CNA provided the requested financial information to the Board, who in turn, forwarded them to O’Malley. That is all that is required under these provisions. Therefore, the issue is now moot.It should be noted that PERB Regulation 32125(a), formerly section 32125(e), only permits an employee belonging to the organization to file a petition to compel compliance under HEERA section 3587. Therefore, O’Malley has no remedy under this section more or view all topics or full text.
284612/31/03
1582H University Professional and Technical Employees, Communications Workers of America Local 9119 (Trout)
803.1000: UNION UNFAIR PRACTICES; UNION SECURITY; AGENCY/FAIR SHARE FEE; DUES DEDUCTION/CHECK OFF; In General
UPTE is not required to make financial statements available to non-members under HEERA section 3587. more or view all topics or full text.
285901/13/04
1651H California Nurses Association (O'Malley)
803.1000: UNION UNFAIR PRACTICES; UNION SECURITY; AGENCY/FAIR SHARE FEE; DUES DEDUCTION/CHECK OFF; In General
Board held that non-agency fee payer had no standing to challenge union’s calculation and auditing of agency fees. Non-agency fee payer also could not bring challenge on behalf of other agency fee payers. more or view all topics or full text.
2818906/29/04
1367 California State Employees Association, California State University Division (Sarca)
803.1000: UNION UNFAIR PRACTICES; UNION SECURITY; AGENCY/FAIR SHARE FEE; DUES DEDUCTION/CHECK OFF; In General
Board rejected charging party’s contention that union’s surplus funds must be subtracted from any expenses charged to agency fee payers. more or view all topics or full text.
2814704/29/04
1589E Paso Robles Public Educators (Andrus, et al.)
803.1000: UNION UNFAIR PRACTICES; UNION SECURITY; AGENCY/FAIR SHARE FEE; DUES DEDUCTION/CHECK OFF; In General
PERB Regulation 32992(c) requires that a Hudson notice be provided at least 30 days prior to the collection of agency fees. Union violated this provision by sending required Hudson notice months after it began collecting agency fees. more or view all topics or full text.
286501/22/04
1482H California Faculty Association (Malamud)
803.1000: UNION UNFAIR PRACTICES; UNION SECURITY; AGENCY/FAIR SHARE FEE; DUES DEDUCTION/CHECK OFF; In General
An arbitrator’s ruling that rejected Malamud’s claims that agency fees should be based upon actual expenditures, and neither include CFA affiliate expenditures nor be calculated at a percentage of membership dues is not repugnant to HEERA. more or view all topics or full text.
263307405/30/02
1472E California School Employees Association, Chapter 258 (Gerber)
803.1000: UNION UNFAIR PRACTICES; UNION SECURITY; AGENCY/FAIR SHARE FEE; DUES DEDUCTION/CHECK OFF; In General
Violation found where agency fees were deducted from employee's paycheck before he was sent a Hudson notice. Where monies were improperly deducted from employee's paychecks for two consecutive months, and were not returned to the employee by the union until some eleven weeks after the first deduction and almost seven weeks after the second deduction, it is an unfair practice, without regard to whether the violation was advertent or inadvertent. The notion of a “de minimus” violation has only limited application in the agency fee context. more or view all topics or full text.
263302812/12/01

803.1000: UNION UNFAIR PRACTICES; UNION SECURITY; AGENCY/FAIR SHARE FEE; DUES DEDUCTION/CHECK OFF; In General
MMBA §3502.5 permits one rescission election per MOU term. The MOU between the parties provided for one agency shop election per MOU term. Where an agency shop was created by election during the term of the MOU, a rescission election would not be a second agency shop election within the meaning of the MOU. Therefore one rescission election was also permitted during the term if the MOU. A rescission election is permitted by the MMBA regardless of whether the agency shop had been created by negotiation or election. more or view all topics or full text.

803.1000: UNION UNFAIR PRACTICES; UNION SECURITY; AGENCY/FAIR SHARE FEE; DUES DEDUCTION/CHECK OFF; In General
Agency fee is permissible under the BART Public Utilities Code. more or view all topics or full text.

803.1000: UNION UNFAIR PRACTICES; UNION SECURITY; AGENCY/FAIR SHARE FEE; DUES DEDUCTION/CHECK OFF; In General
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.
1460E California School Employees Association, Chapter 258 (Gerber)
803.1000: UNION UNFAIR PRACTICES; UNION SECURITY; AGENCY/FAIR SHARE FEE; DUES DEDUCTION/CHECK OFF; In General
There is no violation of PERB Regulation 32994(3), where charging party alleges hearing was more than 45 days after objection period but doesn’t show that the union failed to request a prompt hearing. There is no violation of PERB Regulation 32994(5), where charging party didn’t receive an arbitration notice from the exclusive representative because the union had no obligation to provide, or failed to provide notice of arbitration. There is no violation of PERB Regulation 32992, because the union did provide a copy of the auditor's report. The regulation requires only that the union provide the basis for calculation, and basis for chargeable expenditures. more or view all topics or full text.
253211009/06/01
1446H University Professional and Technical Employees, Communications Workers of America Local 9119 (Witke)
803.1000: UNION UNFAIR PRACTICES; UNION SECURITY; AGENCY/FAIR SHARE FEE; DUES DEDUCTION/CHECK OFF; In General
In light of the fact that the arbitrator kept the fair share hearing open while he waited for the exclusive representative to comply with his request for documents regarding jurisdiction, the award complied with the 30-day requirement of PERB Regulation 32994(b)(8); pp 2-3, warning letter. When the agency fee arbitration has already concluded, PERB will defer to an arbitrator's award and refuse to issue a complaint in which: (1) the arbitration proceedings were fair and regular; and (2) the arbitrator's award is not clearly repugnant to the purposes of the Act; p. 3, warning letter. The charge demonstrated that the arbitration proceeding violated several AAA rules. Although failure to comply with the AAA rules is a serious matter, the rule violations involved a jurisdictional issue tangential to the issues raised by the charging party. The charging party raised objections regarding whether the respondent's expenses were chargeable or non-chargeable, not whether the respondent's notice adequately informed him of the possibility of other forums. As such, the proceedings appear to have been fair and regular as they pertained to the charging party's objections, except as to whether the award was issued in a timely manner; p. 3, dismissal letter. The failure of the arbitrator to issue the award in a timely manner was insufficient to demonstrate the proceedings were conducted in an irregular and unfair manner; p. 3, dismissal letter. Charging party alleged the arbitrator's award was repugnant to the Act because a comparison of the respondent's financial statements and the respondent's IRS forms revealed different figures, and that the respondent used different accounting methods to calculate these figures. However, the charge failed to demonstrate that such a comparison rendered the decision clearly repugnant to the Act. The award analyzed the respondent's system for identifying chargeable and non-chargeable expenses and concluded the system was fair and reasonable. Even in a case where PERB may have reached different conclusions than the arbitrator, that alone does not demonstrate the award is repugnant to the Act; p. 4, dismissal letter. more or view all topics or full text.
253208606/21/01
1447E United Teachers of Los Angeles (Hopper)
803.1000: UNION UNFAIR PRACTICES; UNION SECURITY; AGENCY/FAIR SHARE FEE; DUES DEDUCTION/CHECK OFF; In General
Charging party did not indicate with specificity how the exclusive representative's agency fee notice failed to comply with PERB regulations. The notice form explicitly expressed the amount of the agency fee as a percentage of the annual dues per member based upon the chargeable expenditures. The notice also supplied the basis of the calculation of the agency fee; p. 5, warning letter, pp. 2-5, dismissal letter. more or view all topics or full text.
253208706/21/01
1417E Sweetwater Union High School District
803.1000: UNION UNFAIR PRACTICES; UNION SECURITY; AGENCY/FAIR SHARE FEE; DUES DEDUCTION/CHECK OFF; In General
Union may lawfully charge agency fee payors an amount equal to union dues. Union has obligation to provide agency fee payors with notice of their right to pay a reduced service fee and of their right to challenge the amount of the reduced service fee set by the union. Statement that the fee is equivalent to the dues is not inaccurate or a violation of EERA. more or view all topics or full text.
253202401/26/01
1310E Teachers Association of Long Beach (Akers, et al.)
803.1000: UNION UNFAIR PRACTICES; UNION SECURITY; AGENCY/FAIR SHARE FEE; DUES DEDUCTION/CHECK OFF; In General
PERB Regulation 32994(a) requires that an agency fee payer who wishes to challenge the amount of the fee by filing an unfair practice charge must first exhaust the exclusive representative’s agency fee appeal procedure unless the procedure is insufficient on its face; warning letter. Where there was no evidence of exhaustion, the charge is dismissed; participation in the arbitration must be in the year that is under challenge in the unfair; warning letter. In an agency fee case, PERB will defer to an arbitrator's award and refuse to issue a complaint where: (1) the arbitration proceedings were fair and regular; and (2) the arbitrator's award is not clearly repugnant to the purposes of the Act; warning letter. more or view all topics or full text.
233004801/27/99
1311E Teachers Association of Long Beach (Aragon, et al.)
803.1000: UNION UNFAIR PRACTICES; UNION SECURITY; AGENCY/FAIR SHARE FEE; DUES DEDUCTION/CHECK OFF; In General
PERB Regulation 32994(a) requires that an agency fee payer who wishes to challenge the amount of the fee by filing an unfair practice charge must first exhaust the exclusive representative’s agency fee appeal procedure unless the procedure is insufficient on its face; warning letter. Where there was no evidence of exhaustion, the charge is dismissed; warning letter. more or view all topics or full text.
233004901/27/99
1309E Oakland Education Association (Bettencourt, et al.)
803.1000: UNION UNFAIR PRACTICES; UNION SECURITY; AGENCY/FAIR SHARE FEE; DUES DEDUCTION/CHECK OFF; In General
PERB Regulation 32994(a) requires that an agency fee payer who wishes to challenge the amount of the fee by filing an unfair practice charge must first exhaust the exclusive representative’s agency fee appeal procedure unless the procedure is insufficient on its face; p. 3, warning letter. Where there was no evidence of exhaustion, the charge is dismissed; p. 3, warning letter. more or view all topics or full text.
233004701/27/99

803.1000: UNION UNFAIR PRACTICES; UNION SECURITY; AGENCY/FAIR SHARE FEE; DUES DEDUCTION/CHECK OFF; In General
Employees exercising the right of individual representation do not usurp the authority of the union to act as the authorized representative of the unit. Thus, employees may lawfully be compelled to support union's efforts on their behalf. [222 Cal.App.3d at 1427, 1446] Court discussion of United States Supreme Court case law, including Abood v. Detroit Board of Education, Ellis v. Railway Clerks, Teachers v. Hudson, Communications Workers v. Beck, and Keller v. State Bar. [222 Cal.App.3d at 1430-1438] more or view all topics or full text.

803.1000: UNION UNFAIR PRACTICES; UNION SECURITY; AGENCY/FAIR SHARE FEE; DUES DEDUCTION/CHECK OFF; In General
Insofar as uses for agency fees are permitted by EERA itself, they do not violate nonmembers' First Amendment rights. [49 Cal.3d at 582] The representational obligations which an organizational security arrangement may compel nonmembers to support are those imposed by the EERA on the union as exclusive representative. [49 Cal.3d at 588] Right of an employee to refuse to participate in a union's activities must be affirmatively asserted or else it is waived.[49 Cal.3d at 590] EERA limitation that nonmember fee may not exceed union's standard initiation fee, periodic dues and general assessments implies a general prohibition against putting fees to any use which the union could not properly put the funds voluntarily paid by its members. [49 Cal.3d at 590] Burden of proof in Teachers v. Hudson (1986) 475 U.S. 292 applies to case involving nonmember's obligation to use of service fees. The Burden of proof in Teachers v. Hudson (1986) 475 U.S. 292 applies to case involving nonmember's obligation to use of service fees. The to make his objection known. [49 Cal.3d at 605] more or view all topics or full text.
1319E Kern High School District
803.1000: UNION UNFAIR PRACTICES; UNION SECURITY; AGENCY/FAIR SHARE FEE; DUES DEDUCTION/CHECK OFF; In General
Maintenance of membership provision will not bind employees unless it is part of an effective written agreement; p. 9. When maintenance of membership provision ceases to have effect, i.e., when contract no longer in effect or when effective contract is superceded by a new contract, EERA section 3540.1(i)(1) permits employees to terminate their membership for a period of thirty days; p. 10. Board declines to extend premature contract extension doctrine to cover EERA section 3540.1(i)(1) (maintenance of membership provisions), p. 7. more or view all topics or full text.
233007903/19/99
1294E Kern High School District
803.1000: UNION UNFAIR PRACTICES; UNION SECURITY; AGENCY/FAIR SHARE FEE; DUES DEDUCTION/CHECK OFF; In General
An employee who does not request a discontinuation of dues deduction during the statutory 30-day period following the expiration of the agreement, but requests it before and after the thirty-day post- contract period, does not demonstrate a prima facie case of a violation of section 3540.1(i)(1); p. 3, partial warning letter; p. 2, partial dismissal letter. more or view all topics or full text.
233000810/22/98
1295E ABC Federation of Teachers, American Federation of Teachers (Murray, et al.)
803.1000: UNION UNFAIR PRACTICES; UNION SECURITY; AGENCY/FAIR SHARE FEE; DUES DEDUCTION/CHECK OFF; In General
PERB will defer to an arbitrator's award in an agency fee objection case and refuse to issue a complaint where: (1) the arbitration proceedings were fair and regular; and (2) the arbitrator's award is not clearly repugnant to the purposes of EERA. Established case law as well as PERB Regulation 32994(b)(6) specifically require the exclusive representative to bear the burden of establishing the reasonableness of the agency fee amount. Since the arbitrator placed the burden on the opposite party (the objectors), the Board agent found that the arbitrator's award is contrary to PERB regulations and is, therefore, repugnant to the purposes of EERA. Although the union bears the burden of proving reasonableness of the agency fee, absolute precision is not required in the calculation of the agency fee. agency fee, absolute precision is not required in the calculation of the agency fee. An error of less than one-tenth of one percent of total expenses does not violate union's duty to set amount of agency fee. more or view all topics or full text.
233000710/22/98
0958E Kings Canyon Educational Association (Largent)
803.1000: UNION UNFAIR PRACTICES; UNION SECURITY; AGENCY/FAIR SHARE FEE; DUES DEDUCTION/CHECK OFF; In General
It is only when a nonmember service fee payer objects to paying a fee which includes pruposes beyond a union's representational obligations that his fee must be reduced (Cumero v. Public Employment Relations Board (1989) 49 Cal.3d 575, 589-590); p. 1, dismissal letter. It is the union's spending of the fee on activities unrelated to it's duty as exclusive representative that can be the subject of objection. A nonmember who selected the option to contribute the "sum equal to dues or service fee" to a charitable fund provided for in the CBA is not entitled to pay a reduced amount under Hudson; pp. 2-3, warning letter. more or view all topics or full text.
172400111/18/92
0902E San Diego Teachers Association (Hernandez)
803.1000: UNION UNFAIR PRACTICES; UNION SECURITY; AGENCY/FAIR SHARE FEE; DUES DEDUCTION/CHECK OFF; In General
A complaint challenging the amount of an agency fee may not be issued until the exclusive representatives Agency Fee Appeal Procedure is exhausted (PERB Regulation section 32994) unless the appeals procedure is insufficient on its face; p. 4, warning letter. more or view all topics or full text.
152215209/19/91
0882E Los Rios College Federation of Teachers, American Federation of Teachers/CIO (Barth)
803.1000: UNION UNFAIR PRACTICES; UNION SECURITY; AGENCY/FAIR SHARE FEE; DUES DEDUCTION/CHECK OFF; In General
Under the standards set forth in Chicago Teachers Union v. Hudson (1968) 475 U.S. 292 for the collection of agency fees, there is no requirement that all nonunion members must be charged the same agency fee. more or view all topics or full text.
152209305/24/91
0669E Chaffey Joint Union High School District (Fikes)
803.1000: UNION UNFAIR PRACTICES; UNION SECURITY; AGENCY/FAIR SHARE FEE; DUES DEDUCTION/CHECK OFF; In General
Totality of exclusive representative's conduct during agency fee election constituted prima facie case of interference by union. more or view all topics or full text.
121908205/31/88
0315E Simi Valley Educators Association (Ake) (Pringle)
803.1000: UNION UNFAIR PRACTICES; UNION SECURITY; AGENCY/FAIR SHARE FEE; DUES DEDUCTION/CHECK OFF; In General
Obligation of a nonmember with respect to the payment of service fees are established by the terms of the negotiated agreement; p. 7. more or view all topics or full text.
71416405/27/83
0197E King City High School District Association, et al. (Cumero)
803.1000: UNION UNFAIR PRACTICES; UNION SECURITY; AGENCY/FAIR SHARE FEE; DUES DEDUCTION/CHECK OFF; In General
The specific and unequivocal authority to negotiate a mandatory service fee found in EERA section 3546 controls and qualifies the general right (of employees) to refrain from participating in organizational activities expressed in section 3543. Therefore, "interference" with Cumero's right to refuse to participate in organizational activities resulting from his obligation to pay some service fee is justified by the California Legislature's assessment of the important contribution of organizational security arrangements to the system of employer-employee relations established under EERA; p. 10. more or view all topics or full text.
61306503/03/82
0950E Los Rios California Federation of Teachers, Local 2279 (Deglow)
803.1000: UNION UNFAIR PRACTICES; UNION SECURITY; AGENCY/FAIR SHARE FEE; DUES DEDUCTION/CHECK OFF; In General
No violation of duty of fair representation where exclusive representative returned agency fees, refused to collect future agency fees, and denied request for an agency fee determination hearing; pp. 2-3, warning letter. more or view all topics or full text.
162314709/01/92