Decision 1578H – California Nurses Association (O'Malley)

SF-CO-72-H

Decision Date: December 31, 2003

Decision Type: PERB Decision

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Perc Vol: 28
Perc Index: 46

Decision Headnotes

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

HEERA section 3587, as implemented by PERB Regulation 32135, provides the appropriate and only remedy for failure to make available CNA’s financial records, a petition to compel compliance. CNA provided the requested financial information to the Board, who in turn, forwarded them to O’Malley. That is all that is required under these provisions. Therefore, the issue is now moot.It should be noted that PERB Regulation 32125(a), formerly section 32125(e), only permits an employee belonging to the organization to file a petition to compel compliance under HEERA section 3587. Therefore, O’Malley has no remedy under this section

1406.00000 – GENERAL LEGAL PRINCIPLES; MOOTNESS
1406.01000 – In General

HEERA section 3587, as implemented by PERB Regulation 32135, provides the appropriate and only remedy for failure to make available CNA’s financial records, a petition to compel compliance. CNA provided the requested financial information to the Board, who in turn, forwarded them to O’Malley. That is all that is required under these provisions. Therefore, the issue is now moot.

1503.00000 – MISCELLANEOUS ISSUES; REGULATIONS
1503.02000 – Regulations Considered (By Number)

HEERA section 3587, as implemented by PERB Regulation 32135, provides the appropriate and only remedy for failure to make available CNA’s financial records, a petition to compel compliance. CNA provided the requested financial information to the Board, who in turn, forwarded them to O’Malley. That is all that is required under these provisions. Therefore, the issue is now moot.