Decision 1312E – Teachers Association of Long Beach (Filinuk, et al.)

LA-CO-536

Decision Date: January 27, 1999

Decision Type: PERB Decision

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Perc Vol: 23
Perc Index: 30050

Decision Headnotes

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
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.

1102.00000 – CASE PROCESSING PROCEDURES; DEFERRAL TO ARBITRATION
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.

1503.00000 – MISCELLANEOUS ISSUES; REGULATIONS
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.

1503.00000 – MISCELLANEOUS ISSUES; REGULATIONS
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.