Decision 0315E – Simi Valley Educators Assn (Ake) (Pringle)

LA-CO-117-118

Decision Date: May 27, 1983

Decision Type: PERB Decision

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Perc Vol: 7
Perc Index: 14164

Decision Headnotes

1105.00000 – CASE PROCESSING PROCEDURES; EVIDENCE
1105.17000 – Stipulations

Hearing officer erred in rejecting the parties stipulation as to the actual practice of Association accepting annual payment in advance from both members and nonmembers; p. 6.

801.00000 – UNION UNFAIR PRACTICES;RESTRAINT, COERCION, INTERFERENCE OR DISCRIMINATION
801.04000 – Union Rules and Discipline in General; Union Dues and Fees; Fines, Assessments, Etc.

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.

803.00000 – UNION UNFAIR PRACTICES; UNION SECURITY; AGENCY/FAIR SHARE FEE; DUES DEDUCTION/CHECK OFF
803.01000 – 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.

803.00000 – UNION UNFAIR PRACTICES; UNION SECURITY; AGENCY/FAIR SHARE FEE; DUES DEDUCTION/CHECK OFF
803.07000 – 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.

803.00000 – UNION UNFAIR PRACTICES; UNION SECURITY; AGENCY/FAIR SHARE FEE; DUES DEDUCTION/CHECK OFF
803.03000 – 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.

1500.00000 – MISCELLANEOUS ISSUES; EDUCATION CODE
1500.02000 – Education Code Sections Considered by PERB (By Number)

Ed. Code section 45061. 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.