Decision 1482H – California Faculty Association (Malamud)

LA-CO-74-H

Decision Date: May 30, 2002

Decision Type: PERB Decision

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Perc Vol: 26
Perc Index: 33074

Decision Headnotes

102.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION
102.01000 – In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts

The Board will defer to an arbitrator’s ruling that is not repugnant to HEERA. An arbitrator’s ruling that rejected Malamud’s claims that agency fees should be based upon actual expenditures and neither include CFA affiliate expenditures nor be calculated at a percentage of membership dues is not repugnant to HEERA.

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

An arbitrator’s ruling that agency fee calculation may include CFA affiliate expenditures is not repugnant to HEERA.

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

The Board will defer to an arbitrator’s ruling that is not repugnant to HEERA. An arbitrator’s ruling that rejected Malamud’s claims that agency fees should be based upon actual expenditures and neither include CFA affiliate expenditures nor be calculated at a percentage of membership dues is not repugnant to HEERA.

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

An arbitrator’s ruling that rejected Malamud’s claims that agency fees should be based upon actual expenditures, and neither include CFA affiliate expenditures nor be calculated at a percentage of membership dues is not repugnant to HEERA.

803.00000 – UNION UNFAIR PRACTICES; UNION SECURITY; AGENCY/FAIR SHARE FEE; DUES DEDUCTION/CHECK OFF
803.05000 – Affiliate Organization Liability

An arbitrator’s ruling that agency fee calculation may include CFA affiliate expenditures is not repugnant to HEERA.