Apr 01, 2021

NAGE Triumphs in PFML Case

Nearly two years ago, the Baker Administration and the Trial Court informed NAGE that they intended to impose a .5% tax on the hard earned wages of our Trial Court members to fund their new law, called “Paid Family and Medical Leave, (PFML). This new law was proposed as part of the so-called “Grand Bargain,” and while NAGE supports the legislation to provide a paid family leave program, NAGE filed a demand to bargain over the Trial Courts’ unilateral decision to tax the highest amount permitted under law.

NAGE reached out to other unions representing state and judicial employees to fight this attempt. Many responded and with NAGE leading the charge, we fought this effort.

In October of 2019, the Trial Court unilaterally began to deduct the new tax from employees paychecks, despite the fact we had filed a demand to bargain AND bargaining had begun.

Seeing that our NAGE brother and sister members in the Executive branch had already filed at the DLR and the merits of the case were identical, NAGE and the Trial Court met and agreed that the outcome of the NAGE Executive Branch case would be honored as the resolution to our identical charge at the DLR.

Earlier this week, the Commonwealth Employment Relations Board (CERB) found that the Baker Administration had violated the law and that NAGE members were entitled to be reimbursed for every penny that has been deducted from their paychecks since October of 2019, with interest! The CERB also ordered the State to stop collecting this tax from NAGE members. The Administration has been ordered to bargain with NAGE over the PFML deductions going forward.

NAGE National President David J Holway stated, “NAGE believes that the Baker Administration should do the right thing and implement CERB’s unanimous decision for ALL state and judicial employees who are affected by the implementation of the PFML tax. We implore Baker to not appeal this decision and fairly compensate the employees who were unfairly taxed.” Holway went on to acknowledge the work of the CERB, thanking them for their adherence to the letter of the law. 

It is uncertain whether the Baker Administration will try to drag this out with frivolous appeals in the court system, but we are confident that we will prevail, how ever long it takes, we WILL protect the rights of our members!

The full text of the decision can be found HERE

We can either have democracy in this country or we can have great wealth concentrated in the hands of a few; but we can't have both. - Supreme Court Justice Louis Brandeis
NAGE HEADQUARTERS 159 Burgin Parkway
Quincy, MA 02169
Main Phone: (617)376-0220
Main Fax: (617)984-5695
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