Code of Massachusetts Regulations
456 CMR - DEPARTMENT OF LABOR RELATIONS
Title 456 CMR 17.00 - Agency Service Fee
Section 17.06 - Escrow Account

(1) An employee filing a charge contesting the amount of a service fee shall jointly establish and administer an escrow account with the employee's exclusive bargaining agent.

(2) The amount deposited in the escrow account must be equal to the full amount of the service fee for the disputed period of time, or equal to whatever amount remains in dispute after partial settlement between the employee and the exclusive bargaining agent seeking the fee.

(3) Except for good cause shown, the charging party shall file with the Department evidence of the establishment of an escrow account before the date of the Department's investigation of the charge pursuant to 456 CMR 17.08. Failure to submit such evidence may result in dismissal of the charge.

(4) Failure of the exclusive bargaining agent to cooperate in the establishment of the escrow account may waive its right to the establishment of the escrow account. If the exclusive bargaining agent waives its right to an escrow account, the charging party shall not be required to pay a service fee until the Department determines the fee due pursuant to 456 CMR 17.12.

(5) Until a final order is issued by a hearing officer or the Board, the charging party shall continue to pay into the escrow account as such sums become due an amount equal to the service fee, or equal to whatever amount remains in dispute after a partial settlement between the employee and exclusive bargaining agent.