California Public Employee Relations (CPER) Papers
CPER Selected Publications
Recent Developments in Fair Share Fee Law Affecting Public Sector Employers, Unions and Employees
Abstract
In the last few years, through a series of Ninth Circuit decisions, there have been significant developments in public sector agency fee law with regard to how Hudson’s procedural requirements must be implemented and the consequences of failing to do so properly. Under Foster v. Mahdesian, the responsibility for Hudson compliance rests squarely on the exclusive representative. The public employer can incur no liability unless it takes “adverse action” against fee payers beyond the mere routine deduction of their fees. And, under Prescott v County of Eldorado, fee payers lack standing to challenge fair share fee indemnification clauses.
Subject Area
Accounting, Civil Rights, Conflict of Laws, Constitutional Law, Contracts, Dispute Resolution, Employment Practice, Evidence, Labor Law, Law and Society, Organizations, Politics, State and Local Government Law
Recommended Citation
Jeffrey B. Demain,
"Recent Developments in Fair Share Fee Law Affecting Public Sector Employers, Unions and Employees"
(August 2004).
California Public Employee Relations (CPER) Papers.
CPER Selected Publications.
Working Paper 6.
http://law.bepress.com/cperselect/papers/art6
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