Decision 1589E – Paso Robles Public Educators (Andrus, et al.)

LA-CO-1119-E; LA-CO-1122-E; LA-CO-1124-E; LA-CO-1125-E; LA-CO-1126-E

Decision Date: January 22, 2004

Decision Type: PERB Decision

Description:  Charge alleged that union violated EERA by collecting agency fees prior to issuance of a Hudson notice.  Board rejected proposed decision.  Board found that union failed to issue proper Hudson notice before collecting fees.

Disposition:  Board found that union violated EERA.

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Perc Vol: 28
Perc Index: 65

Decision Headnotes

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

PERB Regulation 32992(c) requires that a Hudson notice be provided at least 30 days prior to the collection of agency fees. Union violated this provision by sending required Hudson notice months after it began collecting agency fees.

803.00000 – UNION UNFAIR PRACTICES; UNION SECURITY; AGENCY/FAIR SHARE FEE; DUES DEDUCTION/CHECK OFF
803.03000 – Procedures for Collection

PERB Regulation 32992(c) requires that a Hudson notice be provided at least 30 days prior to the collection of agency fees. Union violated this provision by sending required Hudson notice months after it began collecting agency fees.

1204.00000 – REMEDIES FOR UNFAIR PRACTICES; REMEDIES AGAINST UNION
1204.04000 – Reimbursement of Dues, Fees and Exactions to Employees; Union Liability

Union that collected agency fees prior to providing notice to fee payers must return those fees.

1503.00000 – MISCELLANEOUS ISSUES; REGULATIONS
1503.03000 – Regulations Considered (By Number) (Continued)

PERB Regulation 32992(c) requires that a Hudson notice be provided at least 30 days prior to the collection of agency fees. Union violated this provision by sending required Hudson notice months after it began collecting agency fees.