Decision 0802E – San Ramon Valley Education Association CTA/NEA (Abbot/Cameron)

Issues to be litigated were stipulated to by the parties and therefore framed the Board's review on appeal; pp. 12, 14.

Agency fee regulations not in effect at the time of litigation will not govern in the appeal to the Board; p. 3.

32992 governs the timing of notice to agency fee payers.

An issue not stipulated to will not be considered as an unalleged violation, particularly if it was not presented in the underlying complaint; p. 14.

Section 45061 authorizes the collection of agency fees; p. 3.

Timing of notice to agency fee payers is governed by PERB Regulation 32992; p. 15. The use of the mechanism, the "local presumption," i.e., adopting the statewide affiliate's percentage of chargeable fees, adequately protects fee payers provided they are sent financial statements of the local association's yearly expenditures showing chargeable amounts incurred by the local; p. 19. A comprehensive certified audit is not required; p. 20. The legal determination of whether a union's expenditure is "chargeable" or "nonchargeable" is not the responsibility of an auditor's verification; p. 21. As association's agency fee notice must provide a showing that none of its expenditures were used to subsidize nonchargeable activities or an explanation of the share that was used; p. 24. The auditor's "review," i.e., one that insures the expenditures which explanation of the share that was used; p. 24. The auditor's "review," i.e., one that insures the expenditures which bases for the fee, but must be sent to fee payers with the initial notice; pp. 21, 25. A statement by the union that it will apply an arbitrator's analysis of audit expenditures fails to meet the verification requirements of Hudson; p. 26. Collection of fees in an amount equal to dues is permissible provided there is an immediate refund upon receipt of an objection; p. 30. An "escrow" account for the deposit of agency fee funds must be independently managed and prevent the release of contested funds pending the objection process; p. 32. AAA arbitration procedures are adequate to provide an impartial decision maker; p. 33. The Board will consider the number of days of arbitration and the nature and the number of objections in determining if there was a reasonably prompt objection procedure; p. 33. if there was a reasonably prompt objection procedure; p. 33.

Union's failure to provide adequate agency fee collection procedures, as required by Hudson, is a violation of EERA section 3543.6(b); p. 35.

Failure to provide adequate agency fee collection procedures may require the return of those fees wrongfully withheld.