Code of Massachusetts Regulations
456 CMR - DEPARTMENT OF LABOR RELATIONS
Title 456 CMR 17.00 - Agency Service Fee
Section 17.02 - Ratification

Universal Citation: 456 MA Code of Regs 456.17

Current through Register 1531, September 27, 2024

(1) No service fee shall be imposed unless the collective bargaining agreement requiring its payment as a condition of employment has been formally executed pursuant to a ratification vote of a majority of all employees casting valid votes in person at a meeting or meetings or by mail in a mail ballot ratification procedure.

(2) The ratification vote shall be taken by mail or at a meeting or meetings called by the exclusive bargaining agent. The right to vote by mail or in person at a meeting shall be extended to all employees in the bargaining unit covered by the proposed collective bargaining agreement. Ratification meetings shall be held at a reasonable time and place. Mail ballot ratifications shall be conducted in a manner calculated to ensure custody of the ballots and compliance with the public counting requirement of 456 CMR 17.02(3).

(3) The vote shall be publicly counted, and the majority of valid votes cast by mail or in person at a meeting or meetings shall prevail. If the collective bargaining agreement is ratified, the exclusive bargaining agent shall maintain a written record of the results of the vote until the expiration of said agreement.

(4) The exclusive bargaining agent shall maintain and make available for inspection by members of the bargaining unit, at reasonable times and places, a copy of its most recent financial report in the form of a balance sheet and operating statement listing all receipts and disbursements of the previous fiscal year as required by M.G.L. c. 150E, § 14.

(5) Notice of the ratification procedure shall be given by the exclusive bargaining agent in like manner to all employees in the bargaining unit at least five calendar days prior to the holding of the meeting(s) or the distribution of ballots to employees in a mail ratification unless extraordinary circumstances warrant notice of fewer than five days. The notice shall include the following information:

(a) The time and place of the meeting(s) or details of the mail ratification procedure;

(b) A statement that the proposed collective bargaining agreement, if ratified, shall require payment of a service fee as a condition of employment;

(c) The current amount of the service fee;

(d) A statement that all employees in the bargaining unit may attend and vote at the meeting(s) or by mail in a mail ballot ratification;

(e) A statement that all employees within the bargaining unit covered by the proposed agreement are eligible to vote;

(f) The full identity, including affiliations, of the exclusive bargaining agent; and

(g) A statement that the exclusive bargaining agent's most recent financial report in the form of a balance sheet and operating statements listing all receipts and disbursements of the previous financial year is available for inspection.

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