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

SA-CO-403-S

Decision Date: October 6, 2010

Decision Type: PERB Decision

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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.