Deferral to Rebate Procedure

At any time after the establishment of an escrow account pursuant to 456 CMR 17.06, the Department may defer to an exclusive bargaining agent's procedure for rebating impermissible expenses to members of the bargaining unit. In order for the Department to consider deferral, a rebate procedure must meet the following standards: (1) Disputed amounts shall be placed in an escrow account during the pendency of the rebate proceedings; (2) The exclusive bargaining agent shall establish the justification for the fee demanded; (3) The exclusive bargaining agent shall make available to the dissenting employee the books and records on which the exclusive bargaining agent relies to justify the amount of the service fee demanded; (4) The procedure shall provide for a hearing or similar proceeding before a neutral decision maker in order to determine impermissible and permissible costs used in determining the fee, in accordance with the standards set forth in 456 CMR 17.03; At any hearing or similar proceeding, the dissenting employee shall be entitled to a representative of her or his choice; (6) The costs arising from the hearing before a neutral decision maker shall be borne by the exclusive bargaining agent; and (7) The procedure shall not be unduly lengthy, cumbersome, or burdensome.