Decision 0643S – California Union of Safety Employees (Eckstein)
Decision Date: December 18, 1987
Decision Type: PERB Decision
Perc Vol: 12
Perc Index: 19009
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.
803.03000 – 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.
103.02000 – 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.