Decision 1070E – Davis Teachers Association (Carlson)
S-CO-318
Decision Date: November 29, 1994
Decision Type: PERB Decision
Description: Union unlawfully denied employee’s religious objector status in payment of union fair share fees.
Disposition: Dismissed for failure to state a prima facie case.
Perc Vol: 19
Perc Index: 26025
Decision Headnotes
803.03000 – Procedures for Collection
Requirement that payment be made in one lump sum to a charitable organization is arguably more onerous than the procedure of monthly dues deducted from employee's salary. Lump sum payment rule would tend to discourage employees from seeking or remaining religious objectors because of the financial burden it imposes; p. 6, warning letter. Hudson notices and reductions are not required for religious objectors, because Hudson notification and reduction of service fees are only afforded to agency fee payers; p. 8, warning letter.
803.06000 – Religious Objection
The Association's requirement that in order to obtain a religious exemption an employee must show proof of membership in a religious body whose teachings oppose payment of dues or agency fees is a valid requirement; p. 5, warning letter. Six-month limitation period runs from the date the employee becomes aware that agency fee will be deducted from the paycheck and not the date that the agency fees were actually deducted from the paycheck; p. 2, dismissal letter. Hudson notices and reductions are not required for religious objectors, because Hudson notification and reduction of service fees are only afforded to agency fee payers; p. 8, warning letter. Requirement that payment be made in one lump sum to a charitable organization is arguably more onerous than the procedure of monthly dues deducted from emmployee's salary. Lump sum payment rule would organization is arguably more onerous than the procedure of monthly dues deducted from emmployee's salary. Lump sum payment rule would warning letter.
803.02000 – Proper Uses
Hudson notices and reductions are not required for religious objectors, because Hudson notification and reduction of service fees are only afforded to agency fee payers; p. 8, warning letter.
803.07000 – Dues Deduction/Check Off
Requirement that payment be made in one lump sum to a charitable organization is arguably more onerous than the procedure of monthly dues deducted from employee's salary. Lump sum payment rule would tend to discourage employees from seeking or remaining religious objectors because of the financial burden it imposes; p. 6, warning letter.
1100.01000 – In General/Prima Facie Case
The burden is on the charging party to allege facts which both establish a prima facie violation and the timeliness of the charge; p. 2, dismissal letter.
1100.08000 – Pleading Requirements
The burden is on the charging party to allege facts which both establish a prima facie violation and the timeliness of the charge; p. 2, dismissal letter.
1101.03000 – Computation of Six-Month Period
Statue of limitation commences when party discovers that agency fee is due and owing and not the date when agency fees were actually deducted from paycheck. Six-month limitation period on allegation that employee was denied religious exemption runs from the date the employee becomes aware that agency fee will be deducted from the paycheck and not the date that the agency fees were actually deducted from the paycheck; p. 2, dismissal letter.
1105.03000 – Burden of Proof; Weight of Evidence; Presumptions and Inferences; Affirmative Defenses
The burden is on the charging party to allege facts which both establish a prima facie violation and the timeliness of the charge; p. 2, dismissal letter.