Challenge of a Service Fee

(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.