All notes for Subtopic 803.04000 – Employer Liability

DecisionDescriptionPERC Vol.PERC IndexDate
2454M Orange County Water District
803.4000: UNION UNFAIR PRACTICES; UNION SECURITY; AGENCY/FAIR SHARE FEE; DUES DEDUCTION/CHECK OFF; Employer Liability
Employer’s refusal to participate in an agency shop election where the type of organizational security arrangement sought by the exclusive representative was a “modified agency shop” that applied to future hires but not current employees was a violation of the MMBA; the modified agency shop petitioned for by the exclusive representative fell within the definition of agency shop and the employer was not entitled to withhold its consent to the election. more or view all topics or full text.
406009/23/15
2295M City and County of San Francisco (Department of Aging and Adult Services)
803.4000: UNION UNFAIR PRACTICES; UNION SECURITY; AGENCY/FAIR SHARE FEE; DUES DEDUCTION/CHECK OFF; Employer Liability
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
1985S State of California (Department of Personnel Administration)
803.4000: UNION UNFAIR PRACTICES; UNION SECURITY; AGENCY/FAIR SHARE FEE; DUES DEDUCTION/CHECK OFF; Employer Liability
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
1417E Sweetwater Union High School District
803.4000: UNION UNFAIR PRACTICES; UNION SECURITY; AGENCY/FAIR SHARE FEE; DUES DEDUCTION/CHECK OFF; Employer Liability
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
1294E Kern High School District
803.4000: UNION UNFAIR PRACTICES; UNION SECURITY; AGENCY/FAIR SHARE FEE; DUES DEDUCTION/CHECK OFF; Employer Liability
Employer does not violate EERA by agreeing to maintenance of membership arrangement which provides for window period for discontinuance in addition to the statutory 30-day post-contract window; contract and statute are harmonized to provide an enlarged period of time during which an employee may discontinue membership; p. 3, partial warning letter; p. 2, partial dismissal letter. more or view all topics or full text.
233000810/22/98
0757E Ventura Unified School District
803.4000: UNION UNFAIR PRACTICES; UNION SECURITY; AGENCY/FAIR SHARE FEE; DUES DEDUCTION/CHECK OFF; Employer Liability
Employer has no affirmative obligation to ensure exclusive representative's compliance with Hudson; such an obligation not created by federal case law and would conflict with provisions of EERA; though it has no affirmative obligation to ensure exclusive representative's compliance with Hudson, employer may be necessary party for purposes of injunctive relief. more or view all topics or full text.
132018109/01/89
0751E San Ramon Valley Unified School District
803.4000: UNION UNFAIR PRACTICES; UNION SECURITY; AGENCY/FAIR SHARE FEE; DUES DEDUCTION/CHECK OFF; Employer Liability
Employer has no affirmative obligation to ensure exclusive representative's compliance with Hudson; such an obligation not created by federal case law and would conflict with provisions of EERA; though it has no affirmative obligation to ensure exclusive representative's compliance with Hudson, employer may be necessary party for purposes of injunctive relief. more or view all topics or full text.
132020106/29/89
0549E Washington Unified School District
803.4000: UNION UNFAIR PRACTICES; UNION SECURITY; AGENCY/FAIR SHARE FEE; DUES DEDUCTION/CHECK OFF; Employer Liability
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
0462E Milpitas Unified School District
803.4000: UNION UNFAIR PRACTICES; UNION SECURITY; AGENCY/FAIR SHARE FEE; DUES DEDUCTION/CHECK OFF; Employer Liability
Union can properly deduct agency fee through negotiated dues deduction; employer does not violate Act by implementing dues deduction. Employer is not the proper respondent for allegations regarding unlawful expenditure of fees. more or view all topics or full text.
91603012/13/84
0463E San Jose Unified School District
803.4000: UNION UNFAIR PRACTICES; UNION SECURITY; AGENCY/FAIR SHARE FEE; DUES DEDUCTION/CHECK OFF; Employer Liability
Union can properly deduct agency fee through negotiated dues deduction; employer does not violate Act by implementing due deduction. Employer is not the proper respondent for allegations regarding unlawful expenditure of fees. more or view all topics or full text.
91603112/13/84
0435E Fremont Unified School District
803.4000: UNION UNFAIR PRACTICES; UNION SECURITY; AGENCY/FAIR SHARE FEE; DUES DEDUCTION/CHECK OFF; Employer Liability
Allegation that employer retroactively deducted agency fee without employee authorization does not state a prima facie allegation of interference. Employee right not to participate in activities of employee organization not violated by agency fee agreement between employer and exclusive representative. R.A. dismissal upheld. more or view all topics or full text.
81522411/21/84
0437E Capistrano Unified School District
803.4000: UNION UNFAIR PRACTICES; UNION SECURITY; AGENCY/FAIR SHARE FEE; DUES DEDUCTION/CHECK OFF; Employer Liability
Allegation that employer retroactively deducted agency fee without employee authorization does not state a prima facie allegation of interference. Employee right not to participate in activities of employee organization not violated by agency fee agreement between employer and exclusive representative. R.A. dismissal upheld. more or view all topics or full text.
81522611/21/84