Decision 0543E – San Mateo Community College District
Decision Date: December 13, 1985
Decision Type: PERB Decision
Perc Vol: 10
Perc Index: 17015
1402.03000 – By Contract/Zipper Clauses/Management Rights Clauses
Union may lawfully waive right to dues deductions; retroactive nature of later agreed-to contract does not act as waiver of right to dues deductions prior to time of agreement; agreement to extend dues deduction provisions of old contract waives right to dues deductions for applicable period after agreement.
1500.03000 – Education Code Sections Considered by PERB (By Subject)
87833 (provision regarding revocation of payroll deduction authorizations inapplicable where authorizations revoked by operation of law due to decertification of exclusive rep.)
401.11000 – Dues Deductions/Check Off/Agency Fee
Pursuant to section 3543.1(d), once new exclusive rep. certified, former exclusive rep. has no right to further dues deductions; contractual dues deductions provisions no longer enforceable, and employer must immediately honor dues deduction authorizations for new exclusive rep.. Upon certification, dues deduction authorizations for former exclusive rep. revoked by operation of law; inability to immediately cease former exclusive rep.'s deductions does not excuse failure to immediately honor new exclusive rep.'s authorizations. Retroactive nature of later agreed-to contract does not act as waiver of right to dues deductions prior to time of agreement; agreement to extend dues deduction provisions of old contract does waive right to dues deductions for applicable period after agreement.
409.01000 – Business Necessity
Reliance on Ed. code provision no defense where inapplicable to situation at bar; reliance on contract ineffective where applicable provisions unenforceable.
1107.04000 – Unalleged Violations
ALJ properly declined to consider alternative legal theory never raised by charging party.
1205.10000 – Other Affirmative Relief
For dues not deducted, employer liable to union only as to deduction authorized by employees no longer in employ of district.
1503.02000 – Regulations Considered (By Number)
32320(a) (newly discovered evidence standard stated in reg. 32410 applies also to requests to reopen the record) 32410 (newly discovered evidence standard stated in reg. 32410 applies also to requests to reopen the record)
1107.19000 – Motion to Reopen Record
Board will reopen record to accept new evidence on appeal only where newly-discovered evidence standard is met as stated in reg. 32414; no showing that evidence was previously unavailable.