Decision 1294E – Kern High School District
LA-CE-3911
Decision Date: October 22, 1998
Decision Type: PERB Decision
Description: Employee appealed partial dismissal of his unfair practice charge against the District alleging it violated EERA when it refused to allow him to withdraw from a maintenance of membership provision.
Disposition: Dismissed. Individual lacks standing to assert unilateral change violation against District.
Perc Vol: 23
Perc Index: 30008
Decision Headnotes
602.05000 – Impact and Extent
Charging party, an individual, lacks standing to assert a unilateral change violation against the District based on the District's one time refusal to process a withdrawal from membership under the contract; p. 3, partial warning letter.
608.12000 – Good Faith; DeMinimus; Temporary Change
Charging party, an individual, lacks standing to assert a unilateral change violation against the District based on the District's one time refusal to process a withdrawal from membership under the contract; p. 3, partial warning letter.
803.01000 – In General
An employee who does not request a discontinuation of dues deduction during the statutory 30-day period following the expiration of the agreement, but requests it before and after the thirty-day post- contract period, does not demonstrate a prima facie case of a violation of section 3540.1(i)(1); p. 3, partial warning letter; p. 2, partial dismissal letter.
803.04000 – Employer Liability
Employer does not violate EERA by agreeing to maintenance of membership arrangement which provides for window period for discontinuance in addition to the statutory 30-day post-contract window; contract and statute are harmonized to provide an enlarged period of time during which an employee may discontinue membership; p. 3, partial warning letter; p. 2, partial dismissal letter.
1100.03000 – Standing
Charging party, an individual, lacks standing to assert a unilateral change violation against the District based on the District's one time refusal to process a withdrawal from membership under the contract; p. 3, partial warning letter.
1107.06000 – De Novo Review; Standard of Review by Board
PERB Regulation 32640(c) provides that a decision of a Board agent to issue a complaint is not appealable to the Board itself except in accordance with Section 32200; p. 3.
1107.12000 – Interlocutory Appeal
PERB Regulation 32640(c) provides that a decision of a Board agent to issue a complaint is not appealable to the Board itself except in accordance with Section 32200; p. 3.
1503.03000 – Regulations Considered (By Number) (Continued)
PERB Regulation 32640(c) provides that a decision of a Board agent to issue a complaint is not appealable to the Board itself except in accordance with Section 32200; p. 3.