Decision 1792H – University Professional and Technical Employees, Communications Workers of America Local 9119 (Aldern, et al.)
LA-CO-104-H, et al.
Decision Date: December 30, 2005
Decision Type: PERB Decision
Description: Aldern, et al. are parties in unfair practice charges filed by Werner Witke on behalf of numerous individuals. The charges alleged that UPTE violated HEERA by collecting agency fees prior to providing Hudson notices to nonmembers and benefiting from an interest free loan at their expense for the period between collection and refund of the challenged agency fees. The charges also alleged that this is a violation of PERB regulations which require that written notice be sent to nonmembers at least 30 days prior to collection of agency fees and fees subject to objection be placed in an escrow account.
Disposition: The unfair practice charges were remanded to the PERB General Counsel’s Office for a complaint to issue and consolidation with numerous other charges. Just as in UPTE (Abernathy, et al.), PERB Decision No. 1784-H, the Board held that agency fee payers have standing to challenge violation of PERB Regulation 32992 and there is harm in violating regulation that is separate from any harm that is remedied by returning fees. Where there is a material factual dispute, the charging party’s allegations must be accepted as true.
Perc Vol: 30
Perc Index: 33
Decision Headnotes
1100.01000 – In General/Prima Facie Case
Where there is a material factual dispute the charging party’s allegations must be accepted as true.
1100.02000 – Investigation of Charge
Where there is a material factual dispute the charging party’s allegations must be accepted as true.
1100.03000 – Standing
Board held agency fee payers have standing to challenge violation of PERB Regulation 32992 and there is harm in violating the regulation that is separate from any harm that is remedied by returning fees.