Decision 1312E – Teachers Association of Long Beach (Filinuk, et al.)
LA-CO-536
Decision Date: January 27, 1999
Decision Type: PERB Decision
Description: Appeal of Board agent’s 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: Dismissed. Employees had not exhausted the agency fee appeal process.
Perc Vol: 23
Perc Index: 30050
Decision Headnotes
1100.03000 – Standing
Where charge presented no evidence that organization was an employee organization within the meaning of EERA section 3540.1(d), Board found that organization had no standing to file a charge under the EERA; 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; failure to comply with this requirement mandates dismissal of the charge. Airline Pilots is distinguished; pp. 4-5, warning letter.
1503.01000 – 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; 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; warning letter.