Decision 1295E – ABC Federation of Teachers, American Federation of Teachers (Murray, et al.)
LA-CO-747
Decision Date: October 22, 1998
Decision Type: PERB Decision
Description: Employees appealed Board agent’s partial dismissal of their unfair practice charge against the Union for failing to properly determine the amount of agency fee to be paid by non-union members.
Disposition: Dismissed. Union is not required to calculate an agency fee with absolute precision and the insignificant error in calculation did not demonstrate a prime facie violation of EERA.
Perc Vol: 23
Perc Index: 30007
Decision Headnotes
803.01000 – In General
PERB will defer to an arbitrator's award in an agency fee objection case and refuse to issue a complaint where: (1) the arbitration proceedings were fair and regular; and (2) the arbitrator's award is not clearly repugnant to the purposes of EERA. Established case law as well as PERB Regulation 32994(b)(6) specifically require the exclusive representative to bear the burden of establishing the reasonableness of the agency fee amount. Since the arbitrator placed the burden on the opposite party (the objectors), the Board agent found that the arbitrator's award is contrary to PERB regulations and is, therefore, repugnant to the purposes of EERA. Although the union bears the burden of proving reasonableness of the agency fee, absolute precision is not required in the calculation of the agency fee. agency fee, absolute precision is not required in the calculation of the agency fee. An error of less than one-tenth of one percent of total expenses does not violate union's duty to set amount of agency fee.
803.02000 – Proper Uses
PERB will defer to an arbitrator's award in an agency fee objection case and refuse to issue a complaint where: (1) the arbitration proceedings were fair and regular; and (2) the arbitrator's award is not clearly repugnant to the purposes of EERA. Established case law as well as PERB Regulation 32994(b)(6) specifically require the exclusive representative to bear the burden of establishing the reasonableness of the agency fee amount. Since the arbitrator placed the burden on the opposite party (the objectors), the Board agent found that the arbitrator's award is contrary to PERB regulations and is, therefore, repugnant to the purposes of EERA. Although the union bears the burden of proving reasonableness of the agency fee, absolute precision is not required in the calculation of the agency fee. agency fee, absolute precision is not required in the calculation of the agency fee. An error of less than one-tenth of one percent of total expenses does not violate union's duty to set amount of agency fee.
1100.08000 – Pleading Requirements
PERB will defer to an arbitrator's award in an agency fee objection case and refuse to issue a complaint where: (1) the arbitration proceedings were fair and regular; and (2) the arbitrator's award is not clearly repugnant to the purposes of EERA. Established case law as well as PERB Regulation 32994(b)(6) specifically require the exclusive representative to bear the burden of establishing the reasonableness of the agency fee amount. Since the arbitrator placed the burden on the opposite party (the objectors), the Board agent found that the arbitrator's award is contrary to PERB regulations and is, therefore, repugnant to the purposes of EERA. Although the union bears the burden of proving reasonableness of the agency fee, absolute precision is not required in the calculation of the agency fee. agency fee, absolute precision is not required in the calculation of the agency fee. An error of less than one-tenth of one percent of total expenses does not violate union's duty to set amount of agency fee.
1102.02000 – Post Arbitration; Repugnancy
PERB will defer to an arbitrator's award in an agency fee objection case and refuse to issue a complaint where: (1) the arbitration proceedings were fair and regular; and (2) the arbitrator's award is not clearly repugnant to the purposes of EERA. Established case law as well as PERB Regulation 32994(b)(6) specifically require the exclusive representative to bear the burden of establishing the reasonableness of the agency fee amount. Since the arbitrator placed the burden on the opposite party (the objectors), the Board agent found that the arbitrator's award is contrary to PERB regulations and is, therefore, repugnant to the purposes of EERA. Although the union bears the burden of proving reasonableness of the agency fee, absolute precision is not required in the calculation of the agency fee. agency fee, absolute precision is not required in the calculation of the agency fee. An error of less than one-tenth of one percent of total expenses does not violate union's duty to set amount of agency fee.