Decision 0190E – Los Altos School District (Broadwood, Chamberlain and Nutt)
SF-CO-30-32; CE-139-141
Decision Date: December 29, 1981
Decision Type: PERB Decision
Perc Vol: 6
Perc Index: 13021
Decision Headnotes
101.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES
101.03000 – NLRA/LMRDA Precedent
101.03000 – NLRA/LMRDA Precedent
NLRB law which addresses retroactive union security clauses is inapplicable to the EERA because of statutory differences.
803.00000 – UNION UNFAIR PRACTICES; UNION SECURITY; AGENCY/FAIR SHARE FEE; DUES DEDUCTION/CHECK OFF
803.08000 – Retroactive Agency Fee Agreements
803.08000 – Retroactive Agency Fee Agreements
Union and District did not violate EERA by negotiating and enforcing agency fee provision retroactive to the effective date of their contract notwithstanding NLRB case law to contrary. NLRB cases are rooted in the protection of a statutory grace period which does not exist under EERA.