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STATE OF WASHINGTON

BEFORE THE PUBLIC EMPLOYMENT RELATIONS COMMISSION

In the matter of the petition of:

 

ABERDEEN EDUCATION ASSOCIATION

CASE NO. 6749-D-87-64

For declaratory ruling concerning the union security obligations of:

DECISION 2694 - EDUC

DON JENSEN

 

Under a collective bargaining agreement between the petitioner and:

SUMMARY JUDGMENT

ABERDEEN SCHOOL DISTRICT

 

On January 29, 1987, the Aberdeen Education Association (union) filed a letter with the Public Employment Relations Commission, requesting determination of an issue arising from the union security obligations of a bargaining unit employee, Don Jensen. The union did not dispute that the employee was eligible to make alternative payments under RCW 41.59.100, but indicated that the union and the affected employee could not agree on the non-religious charity to receive the alternative payments. The union indicated that the employee desired to make payment to the Boy Scouts of America, while the union preferred that the payments should be made to one of several local groups including the Peoples Food Bank, the Community Clothing Bank, and the Sunshine Kids 20/30 Active Club.

RCW 41.59.100 specifies that employees asserting objection to union security obligations may make alternative payments to a non-religious charity. The union's petition in this case does not assert that the Boy Scouts of America was somehow affiliated with a religious group, so as to disable it from receiving the alternative payments. On April 30, 1987, the Executive Director issued a letter to the union allowing a period of 14 days in which to show cause why the payments should not be made to the Boy Scouts. The association did not file any further statement of position or objection to the designation of the Boy Scouts of America as the non-religious charity that should receive the payments.

ORDER OF SUMMARY JUDGMENT

Don Jensen shall be permitted to make alternative payments in lieu of regular dues and initiation fees to the Boy Scouts of America.

DATED at Olympia, Washington, this 28th day of May, 1987.

PUBLIC EMPLOYMENT RELATIONS COMMISSION

[SIGNED]

MARVIN L. SCHURKE, Executive Director

This Order may be appealed by filing a petition for review with the Commission pursuant to RCW 391-95-270.

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