Decision 2135S – Service Employees International Union Local 1000 (Slotterbeck)

SA-CO-403-S

Decision Date: October 6, 2010

Decision Type: PERB Decision

Description: The charge alleged that SEIU unlawfully deducted the full amount of fair share fees from Slotterbeck’s paycheck despite his requests to pay a reduced fee amount and/or challenge SEIU’s calculation of the fair share amount.

Disposition: The Board affirmed the Board agent’s dismissal of the charge.  Allegations that SEIU had unlawfully deducted the full fee amount in prior fiscal years were untimely and the charge did not allege that such deductions were made in the current fiscal year.  Slotterbeck lacked standing to challenge the fair share fee amount because he had not exhausted SEIU’s internal challenge procedure.

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Perc Vol: 34
Perc Index: 142

Decision Headnotes

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

Allegations that union failed to honor non-member’s request to pay reduced fair share fee for two prior fiscal years were untimely because non-member knew, or should have known, when he received his first paycheck of each fiscal year that the union had not honored his request; the deduction of the full fair share fee on each subsequent paycheck did not extend the six-month statute of limitations under the continuing violation doctrine. Charge did not allege facts showing that the union failed to honor the non-member’s request to pay a reduced fair share fee in the current fiscal year. Non-member lacked standing to allege that the union improperly calculated the fair share fee because the non-member did not allege that he exhausted the union’s internal procedure for challenging the fee calculation, as required by PERB Regulation 32994(a).

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

Allegations that union failed to honor non-member’s request to pay reduced fair share fee for two prior fiscal years were untimely because non-member knew, or should have known, when he received his first paycheck of each fiscal year that the union had not honored his request; the deduction of the full fair share fee on each subsequent paycheck did not extend the six-month statute of limitations under the continuing violation doctrine. Charge did not allege facts showing that the union failed to honor the non-member’s request to pay a reduced fair share fee in the current fiscal year. Non-member lacked standing to allege that the union improperly calculated the fair share fee because the non-member did not allege that he exhausted the union’s internal procedure for challenging the fee calculation, as required by PERB Regulation 32994(a).

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

Allegations that union failed to honor non-member’s request to pay reduced fair share fee for two prior fiscal years were untimely because non-member knew, or should have known, when he received his first paycheck of each fiscal year that the union had not honored his request; the deduction of the full fair share fee on each subsequent paycheck did not extend the six-month statute of limitations under the continuing violation doctrine.