Section 12. The commonwealth or any other employer shall require as a condition of employment during the life of a collective bargaining agreement so providing, the payment on or after the thirtieth day following the beginning of such employment or the effective date of such agreement, whichever is later, of a service fee to the employee organization which in accordance with the provisions of this chapter, is duly recognized by the employer or designated by the commission as the exclusive bargaining agent for the unit in which such employee is employed; provided, however, that such service fee shall not be imposed unless the collective bargaining agreement requiring its payment as a condition of employment has been formally executed, pursuant to a vote of a majority of all employees in such bargaining unit present and voting.
Prior to the vote, the exclusive bargaining agent shall make reasonable efforts to notify all employees in the unit of the time and place of the meeting at which the ratification vote is to be held, or any other method which will be used to conduct the ratification vote. The amount of such service fee shall be equal to the amount required to become a member and remain a member in good standing of the exclusive bargaining agent and its affiliates to or from which membership dues or per capita fees are paid or received. No employee organization shall receive a service fee as provided herein unless it has established a procedure by which any employee so demanding may obtain a rebate of that part of said employee's service payment, if any, that represents a pro rata share of expenditures by the organization or its affiliates for:
(1) contributions to political candidates or political committees formed for a candidate or political party;
(2) publicizing of an organizational preference for a candidate for political office;
(3) efforts to enact, defeat, repeal or amend legislation unrelated to the wages, hours, standards of productivity and performance, and other terms and conditions of employment, and the welfare or the working environment of employees represented by the exclusive bargaining agent or its affiliates;
(4) contributions to charitable, religious or idealogical causes not germane to its duties as the exclusive bargaining agent;
(5) benefits which are not germane to the governance or duties as bargaining agent, of the exclusive bargaining agent or its affiliates and available only to the members of the employee organization.
It shall be a prohibited labor practice for an employee organization or its affiliates to discriminate against an employee on the basis of the employee's membership, nonmembership or agency fee status in the employee organization or its affiliates.
Notes of Decisions
Branch v. Commonwealth Emp. Relations Bd., 120 N.E.3d 1163 (Mass. 2019).
· cites it 8× “The employees argue that Janus requires us to overturn the board's decision dismissing their charges and declare the agency fee provision of the collective bargaining statute, G. L. c. 150E, § 12, unconstitutional on its face, and the exclusive representation provisions of the…”
Wareham Educ. Ass'n v. Labor Relations Comm'n, 430 Mass. 81 (Mass. 1999).
· cites it 7× “4 On the basis of these complaints, the commission issued separate two-count complaints against each union alleging that each union violated G. L. c. 150E, § 12, by demanding an agency service fee without providing the teachers with an independent auditor’s financial statement…”
Lyons v. Labor Relations Comm'n, 492 N.E.2d 343 (Mass. 1986).
· cites it 3× “23, § 9R, the commission promulgated regulations to implement the provisions of G. L. c. 150E, § 12. See 402 Code Mass. Regs.”
Lyons v. Labor Relations Comm'n, 476 N.E.2d 243 (Mass. App. Ct. 1985).
· cites it 3× “*568 Similar concerns influenced the court’s interpretation of G. L. c. 150E, § 12. Although that section requires a union to establish a rebate procedure, the court was not satisfied that that remedy would prove constitutionally adequate.”
O'BRIEN v. City of Springfield, 319 F. Supp. 2d 90 (D. Mass. 2003).
· cites it 4× “See Mass. Gen. Laws ch. 150E, § 12. This fee ensures that every teacher covers their proportional share of the costs of collective bargaining and contract administration.”
Therrien v. Labor Relations Comm'n, 390 Mass. 644 (Mass. 1983).
· cites it 4× “They consistently protested the amount of agency fees and requested pro rata rebates for political expenditures pursuant to G. L. c. 150E, § 12. *646 On two occasions during the fall of 1980, the association notified Therrien and Wasiuk that the agency service fees were due on…”
Belhumeur v. Labor Relations Comm'n, 735 N.E.2d 860 (Mass. 2000).
· cites it 3× “See also G. L. c. 150E, § 12. Consistent with these principles, a union must implement certain procedures before it may validly demand payment of an agency fee.”
Barksdale v. Dir. of the Div. of Emp. Sec., 489 N.E.2d 994 (Mass. 1986).
· cites it 5× “The plaintiff and others opposed the agency fee and pursuant to G. L. c. 150E, § 12, filed a prohibited practice charge with the Labor Relations Commission (commission) challenging the amount of the fee.”
McCormick v. Labor Relations Comm'n, 588 N.E.2d 1 (Mass. 1992).
“9 She argues that, in prohibiting her from speaking or asking questions about the contract, the association violated its duty of fair representation, which, she claims, is prohibited by G. L. c. 150E, §§12 and 5, as well as the Federal and State Constitutions.”
— Mass. Gen. Laws ch. 150E, § 12(l) — 1 case
O'BRIEN v. City of Springfield, 319 F. Supp. 2d 90 (D. Mass. 2003).
“See Mass. Gen. Laws ch. 150E, § 12. This fee ensures that every teacher covers their proportional share of the costs of collective bargaining and contract administration.”
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