Decision 1817H – University Professional and Technical Employees, Communications Workers of America Local 9119 (Nickols, et al.)
LA-CO-205-H, et al.
Decision Date: February 16, 2006
Decision Type: PERB Decision
Description: The unfair practice charges alleged that UPTE violated HEERA by sending out a defective Hudson notice.
Disposition: The Board affirmed the partial dismissal of these charges and held that agency fee questions regarding the credibility of amounts listed as chargeable or non-chargeable are not for an auditor to decide but must be addressed by timely objection after receipt of Hudson notice and timely request for arbitration hearing on accurate determination of chargeability.
Perc Vol: 30
Perc Index: 61
Decision Headnotes
803.01000 – In General
Agency fee questions regarding the credibility of amounts listed as chargeable or non chargeable not for auditor to decide but must be addressed by timely objection after receipt of Hudson notice and timely request for arbitration hearing on accurate determination of chargeability in concert with the holding in Harik v. California Teachers Association (2003) 326 F. 3d 1042.
803.03000 – Procedures for Collection
Agency fee questions regarding the credibility of amounts listed as chargeable or non chargeable not for auditor to decide but must be addressed by timely objection after receipt of Hudson notice and timely request for arbitration hearing on accurate determination of chargeability in concert with the holding in Harik v. California Teachers Association (2003) 326 F. 3d 1042.