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

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Perc Vol: 36
Perc Index: 120

Decision Headnotes

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

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

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

1101.00000 – CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE
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.

1101.00000 – CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE
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.