Decision 1829H – University Professional and Technical Employees, Communications Workers of America Local 9119 (Hermanson)

SA-CO-66-H, et al.

Decision Date: March 10, 2006

Decision Type: PERB Decision

Description:  Charges alleged that UPTE failed to timely request an impartial hearing regarding the agency fee amount after charging parties timely objected to the amount indicated in the notice sent by UPTE.

Disposition:  The unfair practice charges were remanded to the PERB General Counsel’s Office for a complaint to issue.  The Board held that the Board agent acted outside of its scope of duties and outside the Board’s jurisdiction in allowing exclusive representative to change timeline set forth for filing objections in PERB Regulation 32994(b)(3).

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Perc Vol: 30
Perc Index: 99

Decision Headnotes

102.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION
102.01000 – In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts

Board agent acted outside scope of duties and outside Board’s jurisdiction in allowing exclusive representative to change timeline set forth for filing objections in PERB Regulation 32994(b)(3).

803.00000 – UNION UNFAIR PRACTICES; UNION SECURITY; AGENCY/FAIR SHARE FEE; DUES DEDUCTION/CHECK OFF
803.01000 – In General

Board agent acted outside scope of duties and outside Board’s jurisdiction in allowing exclusive representative to change timeline for filing objections set forth in PERB Regulation 32994(b)(3).

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

Board agent acted outside scope of duties and outside Board’s jurisdiction in allowing exclusive representative to change timeline set forth for filing objections in PERB Regulation 32994(b)(3).

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

Board agent acted outside scope of duties and outside Board’s jurisdiction in allowing exclusive representative to change timeline set forth for filing objections in PERB Regulation 32994(b)(3).