Decision 2295M – City and County of San Francisco (Department of Aging and Adult Services)
SF-CE-829-M
Decision Date: November 30, 2012
Decision Type: PERB Decision
Description: The charge alleged that the City and County of San Francisco (Department of Aging and Adult Services) and the San Francisco In-Home Supportive Service Public Authority violated the MMBA by improperly withholding agency fees.
Disposition: The Board affirmed the dismissal of the charge due to the failure to name the proper party as respondent.
Perc Vol: 37
Perc Index: 124
Decision Headnotes
201.01000 – In General
In-home supportive services public authority arguably has a substantial interest case or will contribute substantially to a just resolution of the case and is therefore properly joined as a party to charge filed against county.
201.04000 – Joint Employer, Single Employer, and Alter Ego Doctrines
In-home supportive services public authority arguably has a substantial interest case or will contribute substantially to a just resolution of the case and is therefore properly joined as a party to charge filed against county.
803.01000 – In General
The proper respondent in an action to challenge the amount of an agency fee deduction is the union or exclusive representative. Therefore, charge alleging improper collection of agency fee should have named exclusive representative, rather than employer, as respondent.
803.04000 – Employer Liability
The proper respondent in an action to challenge the amount of an agency fee deduction is the union or exclusive representative. Therefore, charge alleging improper collection of agency fee should have named exclusive representative, rather than employer, as respondent.