Decision 0751E – San Ramon Valley USD

SF-CE-1157

Decision Date: June 29, 1989

Decision Type: PERB Decision

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Perc Vol: 13
Perc Index: 20201

Decision Headnotes

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

Employer has no affirmative obligation to ensure exclusive representative's compliance with Hudson; such an obligation not created by federal case law and would conflict with provisions of EERA; though it has no affirmative obligation to ensure exclusive representative's compliance with Hudson, employer may be necessary party for purposes of injunctive relief.

1204.00000 – REMEDIES FOR UNFAIR PRACTICES; REMEDIES AGAINST UNION
1204.04000 – Reimbursement of Dues, Fees and Exactions to Employees; Union Liability

Though it has no affirmative obligation to ensure exclusive representative's compliance with Hudson, employer may be necessary party for purposes of injunctive relief in case against the union; p. 3.

103.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; CONSTITUTIONALITY OF EERA, DILLS, HEERA
103.01000 – In General

Absent antecedent appellate court decision, not within Board's authority to refuse to enforce portion of statute even if Board believes it is unconstitutional. (Ca. Constitution, Art. III, Sect. 3.5); p. 11.