Decision 1985S – State of California (Department of Personnel Administration)
SA-CE-1650-S
Decision Date: November 20, 2008
Decision Type: PERB Decision
Description: Charging Party alleged that the State of California (Department of Personnel Administration) violated the Dills Act by instructing the State Controller’s Office to stop collecting fair share fees of nonmembers of State Bargaining Unit 6 after implementing its last, best, and final offer.
Disposition: The Board upheld the Board agent’s dismissal because, pursuant to Dills Act sections 3515.7 and 3517.8, the State was not required to collect fair share fees after implementing the last, best and final offer.
Perc Vol: 32
Perc Index: 160
Decision Headnotes
401.11000 – Dues Deductions/Check Off/Agency Fee
After the expiration of a collective bargaining agreement, the union’s right to receive union dues survives. However, the State is not required to collect fair share fees after implementing the last, best and final offer irrespective of whether the State fully implements the entire last, best and final offer.
803.04000 – Employer Liability
After the expiration of a collective bargaining agreement, the union’s right to receive union dues survives. However, the State is not required to collect fair share fees after implementing the last, best and final offer irrespective of whether the State fully implements the entire last, best and final offer.
1107.01000 – Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
PERB Regulation section 32635(b) requires a showing of good cause to include a new charge or new supporting evidence on appeal. Charging party provided nothing to the Board indicating why it’s new allegation (i.e., that the State’s failure to achieve legislative approval of the last, best and final offer bars the State from ending the agency fee agreement) was not included in the underlying charge.
1107.04000 – Unalleged Violations
PERB Regulation section 32635(b) requires a showing of good cause to include a new charge or new supporting evidence on appeal. Charging party provided nothing to the Board indicating why it’s new allegation (i.e., that the State’s failure to achieve legislative approval of the last, best and final offer bars the State from ending the agency fee agreement) was not included in the underlying charge.
1107.20000 – Other
PERB Regulation section 32635(b) requires a showing of good cause to include a new charge or new supporting evidence on appeal. Charging party provided nothing to the Board indicating why it’s new allegation (i.e., that the State’s failure to achieve legislative approval of the last, best and final offer bars the State from ending the agency fee agreement) was not included in the underlying charge.