Code of Massachusetts Regulations
456 CMR - DEPARTMENT OF LABOR RELATIONS
Title 456 CMR 17.00 - Agency Service Fee
Section 17.03 - Impermissible and Permissible Costs

Universal Citation: 456 MA Code of Regs 456.17

Current through Register 1531, September 27, 2024

(1) Costs attributable to the following shall be deemed impermissible in computing a service fee:

(a) Expenditures for political candidates or political committees formed for a candidate or political party;

(b) Establishing and publicizing of an organizational preference for a candidate for political office;

(c) Lobbying or efforts to enact, defeat, repeal or amend legislation or regulations unrelated to wages, hours, standards of productivity and performance, and other terms and conditions of employment of employees represented by the exclusive bargaining agent or its affiliates;

(d) Expenditures for charitable, religious or ideological causes not germane to a bargaining agent's duties as the exclusive representative;

(e) Benefits and activities which are:
1. Not germane to the governance or duties of the exclusive bargaining agent, and

2. Available only to the members of the employee organization which is the exclusive bargaining agent;

(f) Fines, penalties or damages arising from the unlawful activities of the exclusive bargaining agent or the exclusive bargaining agent's officers, agents or members;

(g) Overhead and administrative costs allocable to any activity listed in 456 CMR 17.03(1)(a) through (f).

(2) Costs attributable to the following shall be deemed permissible to the extent that they are not deemed impermissible under 456 CMR 17.03(1):

(a) Preparation, negotiation, and ratification of collective bargaining agreements;

(b) Adjusting employee grievances and complaints;

(c) The public advertising of positions on the negotiating of, or provisions in, collective bargaining agreements, as well as on matters relating to the collective bargaining process and contract administration;

(d) Purchasing of materials and supplies used in matters relating to the collective bargaining process and contract administration;

(e) Paying specialists in labor law, negotiations, economics and other subjects for services used in matters relating to working conditions and to the collective bargaining process and contract administration;

(f) Organizing within the charging party's bargaining unit;

(g) Organizing bargaining units in which charging parties are not employed, including units where there is an existing exclusive bargaining agent;

(h) Defending the employee organization seeking a service fee against efforts by other unions or organizing committees to gain representation rights in units represented by the employee organization seeking a service fee or by its affiliates;

(i) Proceedings involving jurisdictional controversies under the AFL-CIO constitution or analogous provisions governing bargaining agents that are not affiliated with the AFL-CIO;

(j) Lobbying or efforts to enact, defeat, repeal, or amend legislation or regulations relating to wages, hours, standards of productivity and performance, and other terms and conditions of employment of employees represented by the exclusive bargaining agent or its affiliates;

(k) Paying costs and fees to employee organizations affiliated with the exclusive bargaining agent seeking a service fee;

(l) Meetings and conventions;

(m) Publications of the exclusive bargaining agent seeking a service fee;

(n) Lawful impasse procedures to resolve disputes arising in connection with negotiating and enforcing collective bargaining agreements;

(o) Professional services rendered to the exclusive bargaining agent and its affiliates;

(p) Wages and benefits for persons employed by the exclusive bargaining agent;

(q) All other activities not listed in 456 CMR 17.03(1);

(r) Overhead and administrative costs allocable to any item in 456 CMR 17.03(2)(a) through (q).

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