Decision 2137H – California State University Employees Union, Service Employees International Union Local 2579 (Sarca)
LA-CO-485-H
Decision Date: October 20, 2010
Decision Type: PERB Decision
Description: The charge alleged that CSUEU improperly calculated the fair share fee amount for fiscal year 2006-2007.
Disposition: The Board affirmed the Board agent’s dismissal of the charge. The Board held that Sarca lacked standing because he was not a fair share fee payer. The Board also held that CSUEU could lawfully cease requiring him to pay fair share fees and that the allegation it did so to prevent him from challenging the fee amount was untimely.
Perc Vol: 34
Perc Index: 152
Decision Headnotes
803.01000 – In General
Because the charging party was not obligated to pay a fair share fee, he lacked standing to allege that the union improperly calculated the fair share fee amount. Although it satisfied the exhaustion of internal challenge procedures requirement in PERB Regulation 32994(a), charging party’s representation of other employees in fair share fee arbitration proceedings did not confer standing upon him.
1100.03000 – Standing
Because the charging party was not obligated to pay a fair share fee, he lacked standing to allege that the union improperly calculated the fair share fee amount. Although it satisfied the exhaustion of internal challenge procedures requirement in PERB Regulation 32994(a), charging party’s representation of other employees in fair share fee arbitration proceedings did not confer standing upon him.