Decision A351H – California State University Employees Union, Service Employees International Union Local 2579, California State Employees Association (Sarca)

LA-FS-8-H

Decision Date: March 2, 2006

Decision Type: Administrative Appeal

Description:  The Board upheld the dismissal of a petition to compel in which the petitioner alleged the union failed the information required by Government Code section 3587.  The petitioner also alleged the union’s agency fee calculation was erroneous.

Disposition:  The Board held dismissal of a petition to compel is appropriate when the responding party provides the petitioner with the requested information.  The Board further held petitions to compel are not appropriate mechanisms to challenge agency fee calculations; rather, such challenges are governed by PERB Regulation 32994.

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Perc Vol: 30
Perc Index: 81

Decision Headnotes

803.00000 – UNION UNFAIR PRACTICES; UNION SECURITY; AGENCY/FAIR SHARE FEE; DUES DEDUCTION/CHECK OFF
803.01000 – In General

A petition to compel the production of financial records is not an unfair practice charge. Rather, it is a statutory mechanism to compel compliance with the disclosure requirements for certain records. Once the records are produced, the responding party’s obligations have been fully discharged and the matter is properly dismissed. Petitions to compel compliance with HEERA section 3587 are not appropriate mechanisms to challenge agency fee calculations. Such challenges are governed by PERB Regulation 32994.

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
1100.05000 – Dismissal of Charge; Appeal

A petition to compel the production of financial records is not an unfair practice charge. Rather, it is a statutory mechanism to compel compliance with the disclosure requirements for certain records. Once the records are produced, the responding party’s obligations have been fully discharged and the matter is properly dismissed.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.17000 – Advisory Opinions

PERB does not issue advisory opinions.