Decision 0757E – Ventura USD

LA-CE-2625

Decision Date: September 1, 1989

Decision Type: PERB Decision

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Perc Vol: 13
Perc Index: 20181

Decision Headnotes

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)

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.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.01000 – Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver

Response to appeal sent by regular mail on last day for filing and not considered.

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 releif in case against the union.

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

32135 - Response to appeal sent by regular mail on last day for filing and not considered.