Decision 0197E – King City High School District Association, et al. (Cumero)
Decision Date: March 3, 1982
Decision Type: PERB Decision
Perc Vol: 6
Perc Index: 13065
803.01000 – In General
The specific and unequivocal authority to negotiate a mandatory service fee found in EERA section 3546 controls and qualifies the general right (of employees) to refrain from participating in organizational activities expressed in section 3543. Therefore, "interference" with Cumero's right to refuse to participate in organizational activities resulting from his obligation to pay some service fee is justified by the California Legislature's assessment of the important contribution of organizational security arrangements to the system of employer-employee relations established under EERA; p. 10.
803.07000 – Dues Deduction/Check Off
Exclusive representative needs no prior approval of service fee payer to have agency fees deducted from wages; p. 25.
1106.01000 – In General
Prehearing discovery is not required of administrative agency except in limited circumstances; p. 26.
1100.08000 – Pleading Requirements
PERB regulations require that unfair practice charges must be supported by statements of fact and proved by a preponderance of the evidence. Notwithstanding that specific uses of agency fees are within respond- ent union's knowledge, sufficient information is available to nonmem- bers sufficient to state a prima facie case; pp. 27-28. Here, prima facie case stated; p. 29.
806.03000 – Exhaustion of Administrative/Internal Remedies
Respondent union's rebate procedure, which requires nonmembers to submit claims to binding arbitration, does not operate to preclude PERB from hearing unfair practice charge on use of agency fees. California public policy looks with disfavor on involuntary arbitration arrangements; p. 33.
803.03000 – Procedures for Collection
Agency fees can be enforced through a termination of employee provision in a collective bargaining agreement; p. 34.
803.02000 – Proper Uses
Agency fee payor is not required to support activities which are beyond the union's representational obligations. However, representa- tional obligations extend beyond actual negotiations, contract admini- stration and grievance adjustment; pp. 10-11. Political activity is not beyond union's representational obligation if its underlying purpose is employee representation; p. 15. Lobbying activity concerning legislation on school financing and employee working conditions is legitimate pursuit of representational objectives; p. 15. Union support of or opposition to individual candidates are improper uses of agency fees. Organizational activities with respect to employees covered by EERA are properly funded by agency fees; pp. 18-19. Affiliation dues may be financed from compulsory service fees; p. 19. Union publications may be funded with agency fees where the content of publication is representation oriented; pp. 19-20. fees; p. 19. Union publications may be funded with agency fees where the content of publication is representation oriented; pp. 19-20. is unrelated to its representational duties, which is administered independently of permissible functions, and where the costs of such administration are severable from permissable administrative costs, service fees should not be used to finance them; p. 21. The use of service fees to defend against a charge that union violated its duty of fair representation is not impermissible unless the defense is frivolous or taken in bad faith; p. 31. Group legal services for representation of members and nonmembers alike on employment-related matters only are services toward which nonmembers are properly obligated to contribute through service fees; p. 31. Using agency fees to pay for insurance which is provided free to members is improper. Refund ordered in form of reduction of agency fee; p. 32.