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.

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Perc Vol: 34
Perc Index: 152

Decision Headnotes

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

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
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.