Decision 1582H – University Professional and Technical Employees, Communications Workers of America Local 9119 (Trout)
LA-CO-95-H
Decision Date: January 13, 2004
Decision Type: PERB Decision
Description: Trout, an agency fee payer, alleged that UPTE failed to make its financial report available within the 60 day deadline. UPTE requested that the Board accept its late-filed response to Trout’s appeal.
Disposition: Under HEERA section 3587 and PERB Reg. 32125, only members of the employee organization may petition to compel compliance for provision of financial reports. Therefore, Trout lacks a remedy to compel provision of UPTE’s financial records. These records must be distinguished from the annual notice for agency fees and the rights of nonmembers to certain information under PERB regulations.
Perc Vol: 28
Perc Index: 59
Decision Headnotes
803.01000 – In General
UPTE is not required to make financial statements available to non-members under HEERA section 3587.
1107.01000 – Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Board will not excuse late filing where good cause is not demonstrated.
1108.01000 – In General
The Board “may also issue a compliance order on its motion” under HEERA section 3587 and under its plenary powers under HEERA section 3563(m) but Trout has failed to allege facts that would support such an action.
1204.01000 – In General
The Board “may also issue a compliance order on its motion” under HEERA section 3587 and under its plenary powers under HEERA section 3563(m) but Trout has failed to allege facts that would support such an action.
1204.04000 – Reimbursement of Dues, Fees and Exactions to Employees; Union Liability
The Board “may also issue a compliance order on its motion” under HEERA section 3587 and under its plenary powers under HEERA section 3563(m) but Trout has failed to allege facts that would support such an action.
1503.02000 – Regulations Considered (By Number)
Trout as a non-member does not have the right to petition the Board for compliance with HEERA section 3587. This opinion is supported by the Board’s promulgation of PERB Trout as a non-member does not have the right to petition the Board for compliance with HEERA section 3587. This opinion is supported by the Board’s promulgation of PERB Regulation 32125(a) after the Board’s split decision on this issue in California Teachers Association and National Education Association (Link) (1981) PERB Order No. Ad-123. Thus, Trout, as a non-member, has no remedy under HEERA section 3587.The phrase “belonging to the organization” in PERB Regulation 32125(a) connotes membership. This phrase may be distinguished from PERB requirements under the Dills Act section 3515.7(e) that require financial records be made available to “the employees in the unit.