Decision 1831H – University Professional and Technical Employees, Communications Workers of America Local 9119 (Booth)

SA-CO-80-H, et al.

Decision Date: March 13, 2006

Decision Type: PERB Decision

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

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Perc Vol: 30
Perc Index: 102

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).