Decision 0549E – Washington Unified School District
S-CE-334
Decision Date: December 16, 1985
Decision Type: PERB Decision
Perc Vol: 10
Perc Index: 17024
Decision Headnotes
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.
202.03000 – Dissolution or Inactive Status; Successor Unions; Affiliation
Employer did not unlawfully recognize more than one exclusive representative; other organizations are merely affiliates.
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.
803.04000 – 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.
1104.06000 – 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.
1503.02000 – 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.)