Decision 1446H – University Professional and Technical Employees, Communications Workers of America Local 9119 (Witke)

LA-CO-69-H

Decision Date: June 21, 2001

Decision Type: PERB Decision

Description: The Board dismissed the unfair practice charge. The charge alleged that the arbitrator’s award did not issue within 30 days of the close of the hearing, and that the exclusive representative failed to provide a reasonable basis by which chargeable and nonchargeable agency fee expenses could be calculated.

Disposition: Dismissed. The award complied with the 30-day requirement of PERB Regulation 32994(b)(8); also, the charge failed to demonstrate that the decision was clearly repugnant to the EERA.

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Perc Vol: 25
Perc Index: 32086

Decision Headnotes

803.00000 – UNION UNFAIR PRACTICES; UNION SECURITY; AGENCY/FAIR SHARE FEE; DUES DEDUCTION/CHECK OFF
803.01000 – In General

In light of the fact that the arbitrator kept the fair share hearing open while he waited for the exclusive representative to comply with his request for documents regarding jurisdiction, the award complied with the 30-day requirement of PERB Regulation 32994(b)(8); pp 2-3, warning letter. When the agency fee arbitration has already concluded, PERB will defer to an arbitrator's award and refuse to issue a complaint in which: (1) the arbitration proceedings were fair and regular; and (2) the arbitrator's award is not clearly repugnant to the purposes of the Act; p. 3, warning letter. The charge demonstrated that the arbitration proceeding violated several AAA rules. Although failure to comply with the AAA rules is a serious matter, the rule violations involved a jurisdictional issue tangential to the issues raised by the charging party. The charging party raised objections regarding whether the respondent's expenses were chargeable or non-chargeable, not whether the respondent's notice adequately informed him of the possibility of other forums. As such, the proceedings appear to have been fair and regular as they pertained to the charging party's objections, except as to whether the award was issued in a timely manner; p. 3, dismissal letter. The failure of the arbitrator to issue the award in a timely manner was insufficient to demonstrate the proceedings were conducted in an irregular and unfair manner; p. 3, dismissal letter. Charging party alleged the arbitrator's award was repugnant to the Act because a comparison of the respondent's financial statements and the respondent's IRS forms revealed different figures, and that the respondent used different accounting methods to calculate these figures. However, the charge failed to demonstrate that such a comparison rendered the decision clearly repugnant to the Act. The award analyzed the respondent's system for identifying chargeable and non-chargeable expenses and concluded the system was fair and reasonable. Even in a case where PERB may have reached different conclusions than the arbitrator, that alone does not demonstrate the award is repugnant to the Act; p. 4, dismissal letter.

803.00000 – UNION UNFAIR PRACTICES; UNION SECURITY; AGENCY/FAIR SHARE FEE; DUES DEDUCTION/CHECK OFF
803.02000 – Proper Uses

Charging party alleged the arbitrator's award was repugnant to the Act because a comparison of the respondent's financial statements and the respondent's IRS forms revealed different figures, and that the respondent used different accounting methods to calculate these figures. However, the charge failed to demonstrate that such a comparison rendered the decision clearly repugnant to the Act. The award analyzed the respondent's system for identifying chargeable and non-chargeable expenses and concluded the system was fair and reasonable. Even in a case where PERB may have reached different conclusions than the arbitrator, that alone does not demonstrate the award is repugnant to the Act; p. 4, dismissal letter.

1102.00000 – CASE PROCESSING PROCEDURES; DEFERRAL TO ARBITRATION
1102.02000 – Post Arbitration; Repugnancy

In light of the fact that the arbitrator kept the fair share hearing open while he waited for the exclusive representative to comply with his request for documents regarding jurisdiction, the award complied with the 30-day requirement of PERB Regulation 32994(b)(8); pp. 2-3, warning letter. When the agency fee arbitration has already concluded, PERB will defer to an arbitrator's award and refuse to issue a complaint in which: (1) the arbitration proceedings were fair and regular; and (2) the arbitrator's award is not clearly repugnant to the purposes of the Act; p. 3, warning letter. The charge demonstrated that the arbitration proceeding violated several AAA rules. Although failure to comply with the AAA rules is a serious matter, the rule violations involved a jurisdictional issue tangential to the issues raised by the charging party. The charging party raised objections regarding whether the respondent's expenses were chargeable or non-chargeable, not whether the respondent's notice adequately informed him of the possibility of other forums. As such, the proceedings appear to have been fair and regular as they pertained to the charging party's objections, except as to whether the award was issued in a timely manner; p. 3, dismissal letter. The failure of the arbitrator to issue the award in a timely manner was insufficient to demonstrate the proceedings were conducted in an irregular and unfair manner; p. 3, dismissal letter. Charging party alleged the arbitrator's award was repugnant to the Act because a comparison of the respondent's financial statements and the respondent's IRS forms revealed different figures, and that the respondent used different accounting methods to calculate these figures. However, the charge failed to demonstrate that such a comparison rendered the decision clearly repugnant to the Act. The award analyzed the respondent's system for identifying chargeable and non-chargeable expenses and concluded the system was fair and reasonable. Even in a case where PERB may have reached different conclusions than the arbitrator, that alone does not demonstrate the award is repugnant to the Act; p. 4, dismissal letter.