Decision 1460E – California School Employees Association, Chapter 258 (Gerber)

LA-CO-869-E

Decision Date: September 6, 2001

Decision Type: PERB Decision

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Perc Vol: 25
Perc Index: 32110

Decision Headnotes

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
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.

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

805.00000 – UNION UNFAIR PRACTICES; CAUSING EMPLOYER TO VIOLATE ACT
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.

1503.00000 – MISCELLANEOUS ISSUES; REGULATIONS
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.