All notes for Subtopic 803.03000 – Procedures for Collection

DecisionDescriptionPERC Vol.PERC IndexDate
2572M San Bernardino Public Employees Association
803.3000: UNION UNFAIR PRACTICES; UNION SECURITY; AGENCY/FAIR SHARE FEE; DUES DEDUCTION/CHECK OFF; Procedures for Collection
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
2236M Office and Professional Employees International Union, Local 29, AFL-CIO and Central Labor Councils (Fowles)
803.3000: UNION UNFAIR PRACTICES; UNION SECURITY; AGENCY/FAIR SHARE FEE; DUES DEDUCTION/CHECK OFF; Procedures for Collection
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
1844E Kern High Faculty Association, CTA/NEA (Maaskant)
803.3000: UNION UNFAIR PRACTICES; UNION SECURITY; AGENCY/FAIR SHARE FEE; DUES DEDUCTION/CHECK OFF; Procedures for Collection
Exclusive representatives are under no obligation to accept agency fees from non-members. 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. An exclusive representative may collect the entire amount of annual union dues and later rebate the non-chargeable expenses with interest to the agency fee payer. more or view all topics or full text.
3012805/19/06
1818H University Professional and Technical Employees, Communications Workers of America Local 9119 (Hawley, et al.)
803.3000: UNION UNFAIR PRACTICES; UNION SECURITY; AGENCY/FAIR SHARE FEE; DUES DEDUCTION/CHECK OFF; Procedures for Collection
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)
803.3000: UNION UNFAIR PRACTICES; UNION SECURITY; AGENCY/FAIR SHARE FEE; DUES DEDUCTION/CHECK OFF; Procedures for Collection
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)
803.3000: UNION UNFAIR PRACTICES; UNION SECURITY; AGENCY/FAIR SHARE FEE; DUES DEDUCTION/CHECK OFF; Procedures for Collection
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)
803.3000: UNION UNFAIR PRACTICES; UNION SECURITY; AGENCY/FAIR SHARE FEE; DUES DEDUCTION/CHECK OFF; Procedures for Collection
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
1817H University Professional and Technical Employees, Communications Workers of America Local 9119 (Nickols, et al.)
803.3000: UNION UNFAIR PRACTICES; UNION SECURITY; AGENCY/FAIR SHARE FEE; DUES DEDUCTION/CHECK OFF; Procedures for Collection
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)
803.3000: UNION UNFAIR PRACTICES; UNION SECURITY; AGENCY/FAIR SHARE FEE; DUES DEDUCTION/CHECK OFF; Procedures for Collection
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
1589E Paso Robles Public Educators (Andrus, et al.)
803.3000: UNION UNFAIR PRACTICES; UNION SECURITY; AGENCY/FAIR SHARE FEE; DUES DEDUCTION/CHECK OFF; Procedures for Collection
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
1472E California School Employees Association, Chapter 258 (Gerber)
803.3000: UNION UNFAIR PRACTICES; UNION SECURITY; AGENCY/FAIR SHARE FEE; DUES DEDUCTION/CHECK OFF; Procedures for Collection
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
1417E Sweetwater Union High School District
803.3000: UNION UNFAIR PRACTICES; UNION SECURITY; AGENCY/FAIR SHARE FEE; DUES DEDUCTION/CHECK OFF; Procedures for Collection
Written authorization is not required before an employer may withhold agency fee deductions from non-member paychecks. District has no obligation to ensure union is providing proper notice to employees. more or view all topics or full text.
253202401/26/01
1309E Oakland Education Association (Bettencourt, et al.)
803.3000: UNION UNFAIR PRACTICES; UNION SECURITY; AGENCY/FAIR SHARE FEE; DUES DEDUCTION/CHECK OFF; Procedures for Collection
Failure to provide employees with adequate financial information to support amount of agency fee does not make the procedure facially insufficient. more or view all topics or full text.
233004701/27/99
I047E Antioch Unified School District, et. al (Link); Mt. Diablo Unified School District, et al. (Townley); Fremont Unified School District, et al. (Neely)
803.3000: UNION UNFAIR PRACTICES; UNION SECURITY; AGENCY/FAIR SHARE FEE; DUES DEDUCTION/CHECK OFF; Procedures for Collection
Injunction requiring escrow of 100 percent of the employees' agency fees or expansion of protections afforded employees by the procedures as currently implement is not "just and proper;" pp. 6-7, 22, 26, 27 31 & 32. Absence of a precollection hearing for agency fees does not establish reasonable cause to believe an unfair practice has occurred; p. 19. However, CTA's control and/or management of the agency fee account does present reasonable cause to believe an unfair practice has been committed; p. 20. more or view all topics or full text.
91623811/04/85
1070E Davis Teachers Association (Carlson)
803.3000: UNION UNFAIR PRACTICES; UNION SECURITY; AGENCY/FAIR SHARE FEE; DUES DEDUCTION/CHECK OFF; Procedures for Collection
Requirement that payment be made in one lump sum to a charitable organization is arguably more onerous than the procedure of monthly dues deducted from employee's salary. Lump sum payment rule would tend to discourage employees from seeking or remaining religious objectors because of the financial burden it imposes; p. 6, warning letter. Hudson notices and reductions are not required for religious objectors, because Hudson notification and reduction of service fees are only afforded to agency fee payers; p. 8, warning letter. more or view all topics or full text.
192602511/29/94
0906E California Teachers Association (Boynton)
803.3000: UNION UNFAIR PRACTICES; UNION SECURITY; AGENCY/FAIR SHARE FEE; DUES DEDUCTION/CHECK OFF; Procedures for Collection
Delay in refund of agency fee rebate caused by a dispute arising after arbitrator's decision, not untimely; p. 3. PERB agency fee regulations guide employee organizations in administering agency fee agreements. Charging Party's agency fee rebate request rejected for failure to meet association's postmark filing requirement; pp. 3-4. more or view all topics or full text.
152216510/01/91
0802E San Ramon Valley Education Association CTA/NEA (Abbot/Cameron)
803.3000: UNION UNFAIR PRACTICES; UNION SECURITY; AGENCY/FAIR SHARE FEE; DUES DEDUCTION/CHECK OFF; Procedures for Collection
Timing of notice to agency fee payers is governed by PERB Regulation 32992; p. 15. The use of the mechanism, the "local presumption," i.e., adopting the statewide affiliate's percentage of chargeable fees, adequately protects fee payers provided they are sent financial statements of the local association's yearly expenditures showing chargeable amounts incurred by the local; p. 19. A comprehensive certified audit is not required; p. 20. The legal determination of whether a union's expenditure is "chargeable" or "nonchargeable" is not the responsibility of an auditor's verification; p. 21. As association's agency fee notice must provide a showing that none of its expenditures were used to subsidize nonchargeable activities or an explanation of the share that was used; p. 24. The auditor's "review," i.e., one that insures the expenditures which explanation of the share that was used; p. 24. The auditor's "review," i.e., one that insures the expenditures which bases for the fee, but must be sent to fee payers with the initial notice; pp. 21, 25. A statement by the union that it will apply an arbitrator's analysis of audit expenditures fails to meet the verification requirements of Hudson; p. 26. Collection of fees in an amount equal to dues is permissible provided there is an immediate refund upon receipt of an objection; p. 30. An "escrow" account for the deposit of agency fee funds must be independently managed and prevent the release of contested funds pending the objection process; p. 32. AAA arbitration procedures are adequate to provide an impartial decision maker; p. 33. The Board will consider the number of days of arbitration and the nature and the number of objections in determining if there was a reasonably prompt objection procedure; p. 33. if there was a reasonably prompt objection procedure; p. 33. more or view all topics or full text.
142107503/29/90
0643S California Union of Safety Employees (Eckstein)
803.3000: UNION UNFAIR PRACTICES; UNION SECURITY; AGENCY/FAIR SHARE FEE; DUES DEDUCTION/CHECK OFF; Procedures for Collection
Exclusive representative must provide an accounting of all agency fees collected, including fees paid to consultants and affiliates, must give nonmembers a reasonably prompt opportunity to challenge the fee before an impartial decision maker, and have an escrow account for the amounts reasonably in dispute. more or view all topics or full text.
121900912/18/87
0462E Milpitas Unified School District
803.3000: UNION UNFAIR PRACTICES; UNION SECURITY; AGENCY/FAIR SHARE FEE; DUES DEDUCTION/CHECK OFF; Procedures for Collection
Union can properly deduct agency fee through negotiated dues deduction; employer does not violate Act by implementing dues deduction. more or view all topics or full text.
91603012/13/84
0463E San Jose Unified School District
803.3000: UNION UNFAIR PRACTICES; UNION SECURITY; AGENCY/FAIR SHARE FEE; DUES DEDUCTION/CHECK OFF; Procedures for Collection
Union can properly deduct agency fee through negotiated dues deduction; employer does not violate Act by implementing due deduction. more or view all topics or full text.
91603112/13/84
0437E Capistrano Unified School District
803.3000: UNION UNFAIR PRACTICES; UNION SECURITY; AGENCY/FAIR SHARE FEE; DUES DEDUCTION/CHECK OFF; Procedures for Collection
Allegation that employer retroactively deducted agency fee without employee authorization does not state a prima facie allegation of interference. Payroll deductions of agency fees may be lawfully made without the permission of employees who are obligated under a collective bargaining agreement to pay such fees. R.A. dismissal upheld. more or view all topics or full text.
81522611/21/84
0315E Simi Valley Educators Association (Ake) (Pringle)
803.3000: UNION UNFAIR PRACTICES; UNION SECURITY; AGENCY/FAIR SHARE FEE; DUES DEDUCTION/CHECK OFF; Procedures for Collection
Association did not discriminate against nonmembers because it accepted annual payment in advance from both members and nonmembers; p. 6. As organizational security agreement which requires both members and nonmembers to execute an authorization for payroll deduction does not discriminate against nonmembers; p. 11. more or view all topics or full text.
71416405/27/83
0197E King City High School District Association, et al. (Cumero)
803.3000: UNION UNFAIR PRACTICES; UNION SECURITY; AGENCY/FAIR SHARE FEE; DUES DEDUCTION/CHECK OFF; Procedures for Collection
Agency fees can be enforced through a termination of employee provision in a collective bargaining agreement; p. 34. more or view all topics or full text.
61306503/03/82