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D

DLR 15-4972

DLR 15-4972

Complainant:
Brien Jansen

Summary:

"Charge I - Validity: (A) The charging party, Brian Jansen, was involuntarily expelled from union membership on or about December 4, 2013. G.L. ch. 150E, 512, requires the imposition and payment of an agency fee, but that fee can not be imposed unless the collective bargaining agreement ("CBA") requires its payment as a condition of employment. The relevant CBA at Art. 4, 51, requires the payment of an agency fee explicitly and only for each employee who "elects not to join or maintain membership" in the union. The charging party made no election not to join or maintain union membership, but was involuntarily expelled. Therefore, the demanded fee violates G.L. ch. 150E, 512 and 456 CMR 17.03. (B) The employee organization

("MCOFU") does not have an established rebate procedure which complies with G.L. ch. 150E, 512 and 456 CMR 17.08. (C) MCOFU did not make its fiscal year financial report available for the charging party's review before making its agency fee demand as required under G.L. ch. 150E, 514 and 456 CMR 17.05.

Charge 2 - Amount: MCOFU has demanded an agency fee equal to the dues paid by union members. There has been no reduction for impermissible costs as required by G.L. ch. 150E, 512 and 456 CMR 17.04. These impermissible costs include benefits and activities available only to union members during the relevant demand period, including the cost of sporting event tickets, a retirement party, calendar books, and others.

And B these and other acts, the Em 10 ee Or anization has violated M.G.L. c. 150E. 10(b)(1"



DLR 16-5136

DLR 16-5136

Complainant:
Kimberly Kenney

Summary:

The Employee Organization ("MCOFU") collects an agency service fee from me by payroll deduction on a bi-weekly basis. The amount collected is equal to the union dues paid by MCOFU members. On or about November 1, 2015, the MCOFU increased its union dues and my agency fee deduction from 1% ($27.17 Bi-Weeldy) to 1.4% ($38.04 Bi-Weekly) of a Correction Officer I's base salary. The MCOFU's stated purpose for the increase is to fund a newly formed retiree eye and dental plan open only to MCOFU members.

Charge 1 - Validity: (A) On or about December 10, 2015, the MCOFU by mail served a written agency fee demand upon me which is invalid under G.L. ch. 150E and 456 CMR 17.00 because: (1) No copy of the MCOFU's audited financial statements for the fiscal years ending September 30, 2014 or 2015 was provided before or with the written demand, (2) There was no notice provided in the written demand of the opportunity to challenge the agency fee by a rebate procedure using a neutral arbitrator, and (3) The written demand contains no explanation or list of the major categories of expenses used to calculate the agency fee, and a showing that none of those expenses are from activities which are non-chargeable.

Charge 2 - Amount: There has been no reduction made to the agency fee amount for non-chargeable activities as required under G.L. ch. 150E and 456 CMR 17.00. These activities include such things as the MCOFU Christmas party, sporting event tickets, and a fixed 40% agency fee increase (1% to 1.4%) allocated to a retiree eye and dental plan which I am not eligible to participate in as I am not a MCOFU member.

And By these and other acts, the Employee Organization has violated M.G.L. c. 150E, SIO(b)(1).

DLR 18-6891

18-6891

Complainant: James Gren

Summary:

The employee organization (MC(ÄJ) has misled its membership by negotiating agreements with the employer, Knowing that the membership was opposed to such agreements (bargaining, out Union work, closing facilities, altering the job pick procedure) and MCOFU had told it's membership that such issues were "off the table". MCOFU refused to follow it's By—Laws when the membership, according to those By—Laws, requested a special meeting to discuss matters that the membership wanted the Union to discuss with Management.