Decision 1417E – Sweetwater Union High School District
LA-CE-4209-E
Decision Date: January 26, 2001
Decision Type: PERB Decision
Description: The Board dismissed the unfair practice charge, which alleged that the employer violated the EERA when it deducted agency fees from the charging party’s paycheck on behalf of the exclusive representative without written authorization.
Disposition: Dismissed. There is no violation of the EERA when an employer deducts agency fees from employee’s paycheck without the employee’s written authorization.
Perc Vol: 25
Perc Index: 32024
Decision Headnotes
803.01000 – In General
Union may lawfully charge agency fee payors an amount equal to union dues. Union has obligation to provide agency fee payors with notice of their right to pay a reduced service fee and of their right to challenge the amount of the reduced service fee set by the union. Statement that the fee is equivalent to the dues is not inaccurate or a violation of EERA.
803.02000 – Proper Uses
Union may lawfully charge agency fee payors an amount equal to union dues. Union has obligation to provide agency fee payors with notice of their right to pay a reduced service fee and of their right to challenge the amount of the reduced service fee set by the union. Statement that the fee is equivalent to the dues is not inaccurate or a violation of EERA.
803.03000 – Procedures for Collection
Written authorization is not required before an employer may withhold agency fee deductions from non-member paychecks. District has no obligation to ensure union is providing proper notice to employees.
803.04000 – Employer Liability
Written authorization is not required before an employer may withhold agency fee deductions from non-member paychecks. District has no obligation to ensure union is providing proper notice to employees.