456 CMR 17.02
Ratification
(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.
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;
Mass. Register #1322 (9/23/16)
(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.