Decision 1844E – Kern High Faculty Association, CTA/NEA (Maaskant)

LA-CO-1184-E

Decision Date: May 19, 2006

Decision Type: PERB Decision

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Perc Vol: 30
Perc Index: 128

Decision Headnotes

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
800.06000 – Other

The standard applied in cases involving employer discrimination is appropriate in cases alleging discrimination by an employee organization. Evidence of adverse action is required to support a claim of discrimination. A union’s offer to accommodate an employee’s concerns regarding the rebate of agency fees does not constitute an adverse act.

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

Exclusive representatives are under no obligation to accept agency fees from non-members. The test for standing is whether the union accepted an employee’s agency fee payment. Once a union collects an agency fee payment, it is presumed that the union has accepted the payment and the employee has standing to challenge the fees. In order to dispossess an employee of standing, a union must take an affirmative act to completely relieve the employee of agency fee payer status.

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

Exclusive representatives are under no obligation to accept agency fees from non-members. Once a union collects an agency fee payment, it is presumed that the union has accepted the payment and the employee has standing to challenge the fees. In order to dispossess an employee of standing, a union must take an affirmative act to completely relieve the employee of agency fee payer status. An exclusive representative may collect the entire amount of annual union dues and later rebate the non-chargeable expenses with interest to the agency fee payer.