Challenge of a Service Fee
Effective Sep 23, 2016Mass. Register #1322MGL c. 23, §§ 9O, 9P, 9T(c), (d) MGL c. 150E, §§ 12 through 14Department of Labor Relations
(1) Employees may challenge the validity or amount of a service fee by filing a prohibited practice charge with the Department.
- (a) Validity shall mean whether there has been compliance with the provisions of 456 CMR 17.02 and 17.04.
- (b) Amount shall mean whether some or all of the service fee demanded by an exclusive bargaining agent is impermissible under 456 CMR 17.03(1).
- (2) Except for good cause shown, a charge challenging the amount of a service fee or its validity under 456 CMR 17.02 or 17.04 shall be filed within six months after the exclusive bargaining agent has made a written demand for payment of the fee pursuant to 456 CMR 17.04.
(3) A charge challenging the validity or amount of a service fee shall contain the following:
- (a) The full name(s) and address(es) of the individual(s) making the charge.
- (b) The full name and address of the exclusive bargaining agent against whom the charge is made.
- (c) The date the exclusive bargaining agent made a written demand for payment of the fee pursuant to 456 CMR 17.04.
- (d) The amount of the regular membership dues.
- (e) The amount of the service fee assessed by the exclusive bargaining agent, and the effective dates of the collective bargaining agreement under which the fee was assessed.
- (f) If an employee is contesting the validity of the service fee under 456 CMR 17.02 or 17.04, a clear and concise statement of the reasons for the charge, including all relevant facts on which the charge is based.
- (g) If an employee is contesting the amount of the fee, a general statement of the reasons for the charge.
- (h) The signature of the individual making the charge or his or her representative.
- (i) A statement as to whether the charging party has used the exclusive bargaining agent's rebate procedure and the result of that procedure.
- (j) A declaration by the charging party, under the penalties of perjury, that its contents are true and correct to the best of the charging party's knowledge and belief.