Decision 1482H – California Faculty Association (Malamud)
LA-CO-74-H
Decision Date: May 30, 2002
Decision Type: PERB Decision
Description: The Board dismissed the unfair practice charge. The charge alleged that the Association violated HEERA section 3583.5 by collecting non-chargeable agency fees. Malamud contended that dues should be based upon actual expenditures and not include CFA affiliate expenditures and or be calculated at a percentage of membership dues. The same issues were submitted to arbitration; the arbitrator rejected Malamud’s claims. The Board agent correctly found that the arbitrator’s decision was not repugnant to HEERA with regard to either of Malamud’s contentions.
Description: The Board will defer to an arbitrator’s ruling that is not repugnant to HEERA in regard to computation of agency fees.
Perc Vol: 26
Perc Index: 33074
Decision Headnotes
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.
803.02000 – Proper Uses
An arbitrator’s ruling that agency fee calculation may include CFA affiliate expenditures is not repugnant to HEERA.
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.
803.01000 – 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.
803.05000 – Affiliate Organization Liability
An arbitrator’s ruling that agency fee calculation may include CFA affiliate expenditures is not repugnant to HEERA.