Decision 2355E – California School Employees Association and its Chapter 47 (Shampine, et al.)
Decision Date: February 14, 2014
Decision Type: PERB Decision
Description: Individual union members alleged that their Union violated EERA section 3546.5 by refusing their request for the union’s financial records for the previous fiscal year.
Disposition: The Board vacated the dismissal and remanded the matter to the Office of the General Counsel for issuance of a complaint, concluding that the charging party stated a prima facie violation by the union. A charge alleging a violation of EERA section 3546.5 is timely if it is filed within six months of the organization’s refusal or failure to provide its financial report to a requesting member. A union member’s request for “financial records (Treasurer’s Report)” suffices as adequate notice to the Union of a request for the Union’s financial report required under EERA section 3546.5.
Perc Vol: 38
Perc Index: 119
1501.01000 – In General
EERA section 3546.5 gives a union up to 60 days from the end of its fiscal year to prepare and make available reports required by EERA section 3546.5. An alleged violation of EERA section 3546.5 is to be processed as an unfair practice charge, and therefore the six-month statute of limitations found in EERA section 3541.5(a)(1) applies. An employee organization’s duty under EERA section 3546.5 to “make available” its financial report does not require the employee organization to affirmatively distribute its financial report to members who do not request it. It is a member’s request that triggers the organization’s duty to provide the financial report, not the passing of the 60 days after the close of the organization’s fiscal year. If an unfair practice charge is filed within six months of the organization’s refusal or failure to provide its financial report to a member who has asked for it, the charge is timely. A union member’s request for “financial records (Treasurer’s Report)” suffices as adequate notice to the union of a request for the union’s financial report required under EERA section 3546.5.