Oneil v. Cunningham

This is an appeal from a judgment of dismissal entered after the trial court sustained a demurrer without leave to amend on the basis of appellants failure to exhaust their administrative remedies before the Public Employment Relations Board (PERB). Appellants primary contention is that the substantive grievances alleged in their complaint do not constitute "unfair practices" as defined by the Educational Employment Relations Act (EERA) and therefore lie beyond the jurisdiction of the board. More particularly at issue is the right of the exclusive representative to bargain for "organizational security" which is a clause in the collective bargaining agreement requiring all members of the bargaining unit (the public school employees in question) to become members of the association that is the exclusive bargaining representative or to pay fees to that association in an amount that does not exceed the membership dues of the association. (See Gov. Code, §§ 3540.1, subd. (i)(2), 3543.2 and 3546.)