Decision 1813H – California State Employees Association (Sarca)

SA-CO-23-H

Decision Date: January 27, 2006

Decision Type: PERB Decision

Description:  Sarca appealed Board agent’s partial dismissal of his unfair practice charge and excepted to an administrative law judge’s proposed decision on portion of charge where complaint was issued.  The charge alleged that the association denied Sarca the right to challenge the calculation of the 2003-2004 agency fee, incorrectly calculating the agency gee and denied him a fair arbitration hearing.  Sarca alleged that the union was collecting non-chargeable agency fees and maintaining a surplus of funds.

Disposition:  The Board dismissed the charge and complaint holding that paying agency fees in prior year does not give an employee standing to object to agency fees based on the belief that union is collecting non-chargeable fees and maintaining a surplus of funds in a year where no agency fees are accepted.  The Board deferred to agency fee arbitration award because (1) proceedings were fair and regular, (2) decision of arbitrator was not clearly repugnant to purposes of HEERA.

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Perc Vol: 30
Perc Index: 57

Decision Headnotes

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
1100.03000 – Standing

Paying agency fees in prior year does not give employee standing to object to agency fees based on belief that union is collecting non-chargeable fees and maintaining a surplus of funds in year where no agency fees are accepted by the union.

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

Board deferred to agency fee arbitration award because (1) proceedings were fair and regular, (2) decision of arbitrator was not clearly repugnant to purposes of HEERA.