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

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Perc Vol: 28
Perc Index: 59

Decision Headnotes

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

UPTE is not required to make financial statements available to non-members under HEERA section 3587.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
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.

1108.00000 – UNFAIR PRACTICE PROCEDURES; COMPLIANCE
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.

1204.00000 – REMEDIES FOR UNFAIR PRACTICES; REMEDIES AGAINST UNION
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.

1204.00000 – REMEDIES FOR UNFAIR PRACTICES; REMEDIES AGAINST UNION
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.

1503.00000 – MISCELLANEOUS ISSUES; REGULATIONS
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.