Decision 0643S – California Union of Safety Employees (Eckstein)

S-CO-21-S

Decision Date: December 18, 1987

Decision Type: PERB Decision

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Perc Vol: 12
Perc Index: 19009

Decision Headnotes

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
1100.02000 – Investigation of Charge

A regional attorney determination, that expenditures by affiliates who received a portion of Charging Party's fair share fee were necessarily chargeable to him, is a factual finding, appropriately made only after an evidentiary hearing, not during investigation of charge.

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

Exclusive representative must provide an accounting of all agency fees collected, including fees paid to consultants and affiliates, must give nonmembers a reasonably prompt opportunity to challenge the fee before an impartial decision maker, and have an escrow account for the amounts reasonably in dispute.

103.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; CONSTITUTIONALITY OF EERA, DILLS, HEERA
103.02000 – Federal Issues

PERB will follow Chicago Teachers Assn. v. Hudson (1986) 475 U.S. 292 in determining the adequacy of procedures that must precede agency fee or fair share fee deductions by an employee organization.