Decision 0549E – Washington USD

S-CE-334

Decision Date: December 16, 1985

Decision Type: PERB Decision

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Perc Vol: 10
Perc Index: 17024

Decision Headnotes

104.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; STATUTORY AUTHORITY OF BOARD
104.01000 – Authority of Board In General; Validity and Application of Regulations (See also 102.01)

Board's authority to evaluate unfair practice charges and to effectuate purposes of the act allow its agents to dismiss complaint sua sponte where it is clear there is no prima facie case stated; in addition to express authority, Board has authority to exercise powers necessary to administration of express powers, and powers fairly implied from statute.

202.00000 – PARTIES; DEFINITIONS; EMPLOYEE ORGANIZATIONS
202.03000 – Dissolution or Inactive Status; Successor Unions; Affiliation

Employer did not unlawfully recognize more than one exclusive representative; other organizations are merely affiliates.

401.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS
401.11000 – Dues Deductions/Check Off/Agency Fee

Employer not proper respondent for claims of excessive agency fees; obligation to pay agency fee arises pursuant to contract, but amount determined independently.

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

Employer not proper respondent for claims of excessive agency fees; obligation to pay agency fee arises pursuant to contract, but amount determined independently.

1104.00000 – CASE PROCESSING PROCEDURES; PROCEDURE BEFORE ALJ
1104.06000 – Authority of ALJ to Dismiss Complaint on Own Motion

ALJ has authority to dismiss complaint sua sponte if clear that allegations do not state a prima facie case; no denial of due process where ALJ issued warning letter and provided opportunity to allege additional facts.

1503.00000 – MISCELLANEOUS ISSUES; REGULATIONS
1503.02000 – Regulations Considered (By Number)

32620 (ALJ has authority to dismiss complaint sua sponte if clear that allegations insufficient to state prima facie case.) 32630 (ALJ has authority to dismiss complaint sua sponte if clear that allegations insufficient to state prima facie case.)