All notes for Subtopic 803.07000 – Dues Deduction/Check Off

DecisionDescriptionPERC Vol.PERC IndexDate
2236M Office and Professional Employees International Union, Local 29, AFL-CIO and Central Labor Councils (Fowles)
803.7000: UNION UNFAIR PRACTICES; UNION SECURITY; AGENCY/FAIR SHARE FEE; DUES DEDUCTION/CHECK OFF; Dues Deduction/Check Off
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)
803.7000: UNION UNFAIR PRACTICES; UNION SECURITY; AGENCY/FAIR SHARE FEE; DUES DEDUCTION/CHECK OFF; Dues Deduction/Check Off
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
1973E Los Angeles City and County School Employees Union, Local 99 (Grove)
803.7000: UNION UNFAIR PRACTICES; UNION SECURITY; AGENCY/FAIR SHARE FEE; DUES DEDUCTION/CHECK OFF; Dues Deduction/Check Off
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
1070E Davis Teachers Association (Carlson)
803.7000: UNION UNFAIR PRACTICES; UNION SECURITY; AGENCY/FAIR SHARE FEE; DUES DEDUCTION/CHECK OFF; Dues Deduction/Check Off
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. more or view all topics or full text.
192602511/29/94
0609S State of California (Department of Personnel Administration)
803.7000: UNION UNFAIR PRACTICES; UNION SECURITY; AGENCY/FAIR SHARE FEE; DUES DEDUCTION/CHECK OFF; Dues Deduction/Check Off
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
0380E Pleasant Valley Elementary School District
803.7000: UNION UNFAIR PRACTICES; UNION SECURITY; AGENCY/FAIR SHARE FEE; DUES DEDUCTION/CHECK OFF; Dues Deduction/Check Off
32752 - Board agent properly conducted investigation into likelihood that District's actions would influence outcome of election of rescission of service fee arrangement; Board defers to her conclusions based on facts developed during investigation. more or view all topics or full text.
81505102/28/84
0315E Simi Valley Educators Association (Ake) (Pringle)
803.7000: UNION UNFAIR PRACTICES; UNION SECURITY; AGENCY/FAIR SHARE FEE; DUES DEDUCTION/CHECK OFF; Dues Deduction/Check Off
Contract provision agreed to and implemented prior to the effective date of Education Code 45061, requiring payroll deduction authorization is lawful under EERA; p. 11. As organizational security agreement, by its terms, requires both members and nonmembers to execute an authorization for payroll deduction, agreement 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)
803.7000: UNION UNFAIR PRACTICES; UNION SECURITY; AGENCY/FAIR SHARE FEE; DUES DEDUCTION/CHECK OFF; Dues Deduction/Check Off
Exclusive representative needs no prior approval of service fee payer to have agency fees deducted from wages; p. 25. more or view all topics or full text.
61306503/03/82