Decision 0437E – Capistrano Unified School District

LA-CE-1967

Decision Date: November 21, 1984

Decision Type: PERB Decision

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Perc Vol: 8
Perc Index: 15226

Decision Headnotes

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

Allegation that employer retroactively deducted agency fee without employee authorization does not state a prima facie allegation of interference. Payroll deductions of agency fees may be lawfully made without the permission of employees who are obligated under a collective bargaining agreement to pay such fees. R.A. dismissal upheld.

803.00000 – UNION UNFAIR PRACTICES; UNION SECURITY; AGENCY/FAIR SHARE FEE; DUES DEDUCTION/CHECK OFF
803.04000 – 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.