Jerabek

Plaintiffs are teachers who do not belong to their employee organization but pay an agency fee in lieu of dues. They filed suit for declaratory and injunctive relief against the Public Employment Relations Board (PERB), asserting promulgated regulations relating to the collection of agency fees violated constitutional safeguards enunciated in Chicago Teachers Union v. Hudson (1986) 475 U.S. 292 [ 89 L.Ed.2d 232 [ 106 S.Ct. 1066 ] (hereinafter referred to as Hudson). The trial court upheld most of the regulations but found portions of two regulations unconstitutional. Those regulations authorize the union to provide notice outlining the basis for the agency fee concurrently with the first agency fee collection, provided all of the collected fees are placed into escrow until any objectors are identified. (Cal. Code Regs., tit. 8, §§ 32992, subd. (c)(2), 32995, subd. (a)(2).) On appeal, interveners assert the two challenged provisions pass constitutional muster. We agree and shall reverse.

General Principles

To place interveners’ claims in context, initially we outline the relevant statutes and case law.

A. California statutes

The Ralph C. Dills Act (Gov. Code, § 3512…