Decision 2236M – Office and Professional Employees International Union, Local 29, AFL-CIO and Central Labor Councils (Fowles)
SF-CO-229-M
Decision Date: February 7, 2012
Decision Type: PERB Decision
Description: The charge alleged that OPEIU Local 29 violated the MMBA and PERB Regulation 32992 by failing to inform charging party of her right not to become a union member and failing to adequately inform her of her rights as an agency fee payer.
Disposition: The Board found that the charge stated sufficient facts to warrant issuance of a complaint.
Perc Vol: 36
Perc Index: 120
Decision Headnotes
803.01000 – In General
Allegations that employee did not receive notice of her right not to become a union member, and that notice she did receive was inadequate to apprise her of her rights because union misrepresented that she was required to join union and pay full union dues as a condition of employment and failed to inform her of her rights to become an agency fee payer and to pay a reduced fee, states a prima facie violation of the MMBA and PERB Regulation 32992.
803.03000 – Procedures for Collection
Allegations that employee did not receive notice of her right not to become a union member, and that notice she did receive was inadequate to apprise her of her rights because union misrepresented that she was required to join union and pay full union dues as a condition of employment and failed to inform her of her rights to become an agency fee payer and to pay a reduced fee, states a prima facie violation of the MMBA and PERB Regulation 32992.
803.07000 – Dues Deduction/Check Off
Allegations that employee did not receive notice of her right not to become a union member, and that notice she did receive was inadequate to apprise her of her rights because union misrepresented that she was required to join union and pay full union dues as a condition of employment and failed to inform her of her rights to become an agency fee payer and to pay a reduced fee, states a prima facie violation of the MMBA and PERB Regulation 32992.
1101.01000 – In General
Amended unfair practice charges “relate back” to the original charge when they clarify existing allegations or add a new legal theory based on the same set of facts in the original charge. Amended charge that clarified existing factual allegations by providing specific dates and describing the factual circumstances under which union allegedly made misrepresentations to employee concerning her obligation to join the union and pay union dues was sufficiently related to the original allegations of the charge and therefore timely.
1101.02000 – Amended Charge or Complaint; Withdrawal of Charge; Relation Back Doctrine
Amended unfair practice charges “relate back” to the original charge when they clarify existing allegations or add a new legal theory based on the same set of facts in the original charge. Amended charge that clarified existing factual allegations by providing specific dates and describing the factual circumstances under which union allegedly made misrepresentations to employee concerning her obligation to join the union and pay union dues was sufficiently related to the original allegations of the charge and therefore timely.