Decision 1802H – University Professional and Technical Employees, Communications Workers of America Local 9119 (Widman)

SA-CO-46-H

Decision Date: December 30, 2005

Decision Type: PERB Decision

Description:  The unfair practice charge filed by Widman is the same as in a number of charges filed by Werner Witke on behalf of numerous individuals regarding UPTE’s collection of agency fees.  (See PERB Decision No. 1792-H.)

Disposition:  The Board remanded the charge to the General Counsel’s Office for a complaint to issue and consolidation with numerous other charges.  (See PERB Decision No. 1792-H.)

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Perc Vol: 30
Perc Index: 43

Decision Headnotes

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
1100.01000 – In General/Prima Facie Case

Where there is a material factual dispute the charging party’s allegations must be accepted as true.

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
1100.02000 – Investigation of Charge

Where there is a material factual dispute the charging party’s allegations must be accepted as true.

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
1100.03000 – Standing

Board held agency fee payers have standing to challenge violation of PERB Regulation 32992 and that there is harm in violating the regulation that is separate from any harm that is remedied by returning fees.