Non payment of Fee

(1) If an employee, after demand by the exclusive bargaining agent, refuses to pay the service fee in accordance with the requirements of a collective bargaining agreement, the exclusive bargaining agent may request the employee's termination or other sanction. The employer, after reasonable notice to the employee, shall terminate or otherwise sanction the employee pursuant to the collective bargaining agreement; provided, however, that no employee shall be terminated or otherwise sanctioned who has tendered the required service fee prior to the decision to terminate or otherwise sanction; and provided further that payment of a service fee shall not be required before the 30th day following the beginning of the employee's employment or the effective date of the collective bargaining agreement, whichever is later. No employee who has filed a charge with the Department and established an escrow account, if required under the provisions of 456 CMR 17.05 and 17.06, shall be terminated or otherwise sanctioned for failure to pay the service fee during the pendency of the charge before the Department and any related judicial appeal.