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

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.

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.

Obligation of a nonmember with respect to the payment of service fees are established by the terms of the negotiated agreement; p. 7.

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.

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.

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.