Decision 1973E – Los Angeles City and County School Employees Union, Local 99 (Grove)

LA-CO-1333-E

Decision Date: August 26, 2008

Decision Type: PERB Decision

Description:  The Charging Party alleged that the Union violated EERA and violated his constitutional right to resign from Union membership by failing to honor his request to cease deducting full dues following his resignation of union membership.

Disposition:  The Board dismissed the charge as untimely. The six-month statute of limitations was not extended under the continuing violation doctrine each time the Charging Party’s Union dues were deducted from his paycheck.  The Board also found that it lacked jurisdiction to consider the employee’s claim that the Union’s failure to immediately reduce his dues upon resignation from union membership violated his constitutional right to resign from Union membership.

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Perc Vol: 32
Perc Index: 131

Decision Headnotes

100.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; OPERATION OF EERA, DILLS (SEERA), HEERA
100.01000 – In General

PERB lacked jurisdiction to consider the employee’s claim that a union’s failure to immediately reduce his dues upon resignation from union membership violated his constitutional right to resign from union membership.

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

The six-month statute of limitations was not extended under the continuing violation doctrine each time an employee’s union dues were deducted from the employee’s paycheck. The Board lacks jurisdiction to consider an employee’s claim that the union’s failure to immediately reduce his union dues upon resignation from union membership violated his constitutional right to resign from union membership.

803.00000 – UNION UNFAIR PRACTICES; UNION SECURITY; AGENCY/FAIR SHARE FEE; DUES DEDUCTION/CHECK OFF
803.07000 – Dues Deduction/Check Off

The six-month statute of limitations was not extended under the continuing violation doctrine each time an employee’s union dues were deducted from the employee’s paycheck. The Board lacks jurisdiction to consider an employee’s claim that the union’s failure to immediately reduce his union dues upon resignation from union membership violated his constitutional right to resign from union membership.

1101.00000 – CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE
1101.04000 – Continuing Violation

The six-month statute of limitations was not extended under the continuing violation doctrine each time an employee’s union dues were deducted from the employee’s paycheck.