Decision 1673H – California Nurses Association (O'Malley)
SA-CO-19-H
Decision Date: August 6, 2004
Decision Type: PERB Decision
Description: O’Malley alleged that CNA used his agency fees before issuing a Hudson notice. CNA was both proactive in attempting to stop the university’s deduction of the fees and refunded his fees with interest. Undisputed evidence showed that the Hudson notice was actually sent to all non-members at addresses provided by the university before the fees were deducted.
Disposition: The Board dismissed the charge, finding California Nurses Association (O’Malley) (2004) PERB Decision No. 1607-H dispositive, i.e., once CNA refunded the fees, there is no harm that the Board can remedy. The Board overturned California School Employees Association, Chapter 258 (Gerber) (2001) PERB Decision No. 1472 to the extent it was inconsistent with this decision.
Perc Vol: 28
Perc Index: 218
Decision Headnotes
803.01000 – In General
The Board dismissed O’Malley’s allegation that CNA used O’Malley’s agency fees before issuing a Hudson notice. CNA made every attempt to accommodate O’Malley, including refunding the fees with interest after O’Malley brought the issue to its attention. CNA was also proactive in attempting to arrange with the University to stop O’Malley’s deduction. There is evidence in the record that the Hudson notice was actually sent to the addresses of all non-members provided by the employer before the fees were deducted. The Board finds California Nurses Association (O’Malley) (2004) PERB Decision No. 1607-H dispositive in that once CNA has refunded the agency fees, there is no possibility for harm to O’Malley that the Board could remedy. The Board also stated that to the extent California School Employees Association, Chapter 258 (Gerber) (2001) PERB Decision No. 1472 is inconsistent with California Nurses Association (O’Malley), it is overturned.
803.03000 – Procedures for Collection
The Board dismissed O’Malley’s allegation that CNA used O’Malley’s agency fees before issuing a Hudson notice. CNA made every attempt to accommodate O’Malley, including refunding the fees with interest after O’Malley brought the issue to its attention. CNA was also proactive in attempting to arrange with the University to stop O’Malley’s deduction. There is evidence in the record that the Hudson notice was actually sent to the addresses of all non-members provided by the employer before the fees were deducted. The Board finds California Nurses Association (O’Malley) (2004) PERB Decision No. 1607-H dispositive in that once CNA has refunded the agency fees, there is no possibility for harm to O’Malley that the Board could remedy. The Board also stated that to the extent California School Employees Association, Chapter 258 (Gerber) (2001) PERB Decision No. 1472 is inconsistent with California Nurses Association (O’Malley), it is overturned.
1103.03000 – Variance of Complaint from Charge; Evidence, Findings, or Order Varying from Complaint; Events Subsequent to Charge or Complaint
The Board dismissed O’Malley’s allegation that CNA used O’Malley’s agency fees before issuing a Hudson notice. CNA made every attempt to accommodate O’Malley, including refunding the fees with interest after O’Malley brought the issue to its attention. CNA was also proactive in attempting to arrange with the University to stop O’Malley’s deduction. There is evidence in the record that the Hudson notice was actually sent to the addresses of all non-members provided by the employer before the fees were deducted. The Board finds California Nurses Association (O’Malley) (2004) PERB Decision No. 1607-H dispositive in that once CNA has refunded the agency fees, there is no possibility for harm to O’Malley that the Board could remedy. The Board also stated that to the extent California School Employees Association, Chapter 258 (Gerber) (2001) PERB Decision No. 1472 is inconsistent with California Nurses Association (O’Malley), it is overturned.