Decision 1309E – Oakland Education Association (Bettencourt, et al.)
SF-CO-354
Decision Date: January 27, 1999
Decision Type: PERB Decision
Description: Appeal of Board agent’s partial dismissal of charging parties’ unfair practice charge against the Union alleging that it violated EERA when it used a portion of agency fees to support activities not related to contract administration and collective bargaining.
Disposition: Partial dismissal affirmed. Employees had not exhausted the agency fee appeal procedure.
Perc Vol: 23
Perc Index: 30047
Decision Headnotes
803.01000 – In General
PERB Regulation 32994(a) requires that an agency fee payer who wishes to challenge the amount of the fee by filing an unfair practice charge must first exhaust the exclusive representative’s agency fee appeal procedure unless the procedure is insufficient on its face; p. 3, warning letter. Where there was no evidence of exhaustion, the charge is dismissed; p. 3, warning letter.
803.03000 – Procedures for Collection
Failure to provide employees with adequate financial information to support amount of agency fee does not make the procedure facially insufficient.
1100.03000 – Standing
PERB Regulation 32994(a) requires that an agency fee payer who wishes to challenge the amount of the fee by filing an unfair practice charge must first exhaust the exclusive representative’s agency fee appeal procedure unless the procedure is insufficient on its face; p. 3, warning letter. Where there was no evidence of exhaustion, the charge is dismissed; p. 3, warning letter.
1100.08000 – Pleading Requirements
PERB Regulation 32994(a) requires that an agency fee payer who wishes to challenge the amount of the fee by filing an unfair practice charge must first exhaust the exclusive representative’s agency fee appeal procedure unless the procedure is insufficient on its face; p. 3, warning letter. Where there was no evidence of exhaustion, the charge is dismissed; p. 3, warning letter.
1102.01000 – Pre-Arbitration
PERB Regulation 32994(a) requires that an agency fee payer who wishes to challenge the amount of the fee by filing an unfair practice charge must first exhaust the exclusive representative’s agency fee appeal procedure unless the procedure is insufficient on its face; p. 3, warning letter. Where there was no evidence of exhaustion, the charge is dismissed; p. 3, warning letter.
1503.03000 – Regulations Considered (By Number) (Continued)
PERB Regulation 32994(a) requires that an agency fee payer who wishes to challenge the amount of the fee by filing an unfair practice charge must first exhaust the exclusive representative’s agency fee appeal procedure unless the procedure is insufficient on its face; p. 3, warning letter. Where there was no evidence of exhaustion, the charge is dismissed; p. 3, warning letter.