Decision 1460E – California School Employees Association, Chapter 258 (Gerber)
LA-CO-869-E
Decision Date: September 6, 2001
Decision Type: PERB Decision
Description: The Board dismissed the unfair practice charge, which alleged that the employee organization violated the EERA by unlawfully collecting agency fees.
Disposition: Dismissed. Charging party failed to demonstrate that the union failed to request a prompt hearing; that the union violated PERB Regulation 32994(5); that the union failed to provide a copy of the auditor’s report; that the union caused or attempted to cause the employer to interfere with protected rights; or that the union’s conduct violated the duty of fair representation.
Perc Vol: 25
Perc Index: 32110
Decision Headnotes
800.01000 – In General; Prima Facie Case
There is no breach of the duty of fair representation where charge contains no instances in which union has acted arbitrary or in bad faith with respect to its assessment of agency fees.
803.01000 – In General
There is no violation of PERB Regulation 32994(3), where charging party alleges hearing was more than 45 days after objection period but doesn’t show that the union failed to request a prompt hearing. There is no violation of PERB Regulation 32994(5), where charging party didn’t receive an arbitration notice from the exclusive representative because the union had no obligation to provide, or failed to provide notice of arbitration. There is no violation of PERB Regulation 32992, because the union did provide a copy of the auditor's report. The regulation requires only that the union provide the basis for calculation, and basis for chargeable expenditures.
805.01000 – In General
Charge failed to show how and in what manner the employee organization induced or attempted to induce employer interference or discrimination by not giving him a service fee deduction form. There is no information showing how denial of the form harmed his rights, plus there was no casual connection to the District established.
1503.03000 – Regulations Considered (By Number) (Continued)
There is no violation of PERB Regulation 32994(3), where charging party alleges hearing was more than 45 days after objection period but doesn’t show that the union failed to request a prompt hearing. There is no violation of PERB Regulation 32994(5), where charging party didn’t receive an arbitration notice from the exclusive representative because the union had no obligation to provide, or failed to provide notice of arbitration. There is no violation of PERB Regulation 32992, because the union did provide a copy of the auditor's report. The regulation requires only that the union provide the basis for calculation, and basis for chargeable expenditures.