Decision I047E – Antioch Unified School District, et. al (Link); Mt. Diablo Unified School District, et al. (Townley); Fremont Unified School District, et al. (Neely)

SF-CE-494; SF-CO-134; SF-CE-605; SF-CO-159; SF-CE-612; SF-CO-163

Decision Date: November 4, 1985

Decision Type: Injunctive Relief

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Perc Vol: 9
Perc Index: 16238

Decision Headnotes

1207.00000 – REMEDIES FOR UNFAIR PRACTICES; INJUNCTIVE RELIEF
1207.02000 – Standards for Obtaining Injunctive Relief

Injunction requiring escrow of 100 percent of the employees' agency fees or expansion of protections afforded employees by the procedures as currently implement is not "just and proper;" pp. 6-7, 22, 26, 27, 31 & 32. Absence of a precollection hearing for agency fees does not establish reasonable cause to believe an unfair practice has occurred; p. 19. However, CTA's control and/or management of the agency fee account does present reasonable cause to believe an unfair practice has been committed; p. 20. Injunction requiring increases of the advance reduction and/or rebate amount is neither constitutionally required, nor just and proper; p. 30.

1207.00000 – REMEDIES FOR UNFAIR PRACTICES; INJUNCTIVE RELIEF
1207.04000 – Other

Injunction requiring escrow of 100 percent of the employees' agency fees or expansion of protections afforded employees by the procedures as currently implement is not "just and proper;" pp. 6-7, 22, 26, 27, 31 & 32. Absence of a precollection hearing for agency fees does not establish reasonable cause to believe an unfair practice has occurred; p. 19. However, CTA's control and/or management of the agency fee account does present reasonable cause to believe an unfair practice has been committed; p. 20. Injunction requiring increases of the advance reduction and/or rebate amount is neither constitutionally required, nor just and proper; p. 30.

803.00000 – UNION UNFAIR PRACTICES; UNION SECURITY; AGENCY/FAIR SHARE FEE; DUES DEDUCTION/CHECK OFF
803.03000 – Procedures for Collection

Injunction requiring escrow of 100 percent of the employees' agency fees or expansion of protections afforded employees by the procedures as currently implement is not "just and proper;" pp. 6-7, 22, 26, 27 31 & 32. Absence of a precollection hearing for agency fees does not establish reasonable cause to believe an unfair practice has occurred; p. 19. However, CTA's control and/or management of the agency fee account does present reasonable cause to believe an unfair practice has been committed; p. 20.