Decision 1626H – California State Employees Association, California State University Division (Sarca)

SA-CO-18-H

Decision Date: April 29, 2004

Decision Type: PERB Decision

Description:  Charge alleged that agency fee arbitration decision was repugnant because arbitrator allowed the improper calculation of agency fees.  Board found arbitration decision reasonable and dismissed charge.

Disposition:  Board dismissed charge.

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Perc Vol: 28
Perc Index: 147

Decision Headnotes

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

Board rejected charging party’s contention that union’s surplus funds must be subtracted from any expenses charged to agency fee payers.

803.00000 – UNION UNFAIR PRACTICES; UNION SECURITY; AGENCY/FAIR SHARE FEE; DUES DEDUCTION/CHECK OFF
803.02000 – Proper Uses

Board rejected charging party’s contention that union’s surplus funds must be subtracted from any expenses charged to agency fee payers.

1102.00000 – CASE PROCESSING PROCEDURES; DEFERRAL TO ARBITRATION
1102.02000 – Post Arbitration; Repugnancy

Even though charging party’s closing brief was not forwarded to arbitrator, arbitration decision was not repugnant to HEERA because arbitrator took notice of charging party’s position during closing arguments at hearing. Failure of arbitrator and parties to discuss law during arbitration does not form the basis for repugnancy.