Maryland Education Section 6-407

      (a)      An employee organization designated as an exclusive representative shall be the negotiating agent of all public school employees in the unit in the county.

      (b)      (1)      An employee organization designated as an exclusive representative shall represent all employees in the unit fairly and without discrimination, whether or not the employees are members of the employee organization.

            (2)      In addition, in Montgomery County the exclusive representative shall represent fairly and without discrimination all persons actually employed as substitute teachers without regard to whether they are included in § 6-401(d) of this subtitle as public school employees.

      (c)      (1)      In Montgomery County, Prince George's County, Baltimore County, and Baltimore City, the public school employer may negotiate with the employee organization designated as the exclusive representative for the public school employees in a unit, a reasonable service or representation fee, to be charged nonmembers for representing them in negotiations, contract administration, including grievances, and other activities as are required under subsection (b) of this section.

            (2)      The service or representation fee may not exceed the annual dues of the members of the organization.

            (3)      An employee who is a substitute teacher and who works on a short-term day-to-day basis is not required to pay a service or representation fee.

            (4)      An employee whose religious beliefs are opposed to joining or financially supporting any collective bargaining organization is:

                  (i)      Not required to pay a service or representation fee; and

                  (ii)      Required to pay an amount of money as determined in paragraph (2) of this subsection to a nonreligious, nonunion charity or to such other charitable organization as may be mutually agreed upon by the employee and the exclusive representative, and who furnishes to the public school employer and the exclusive representative written proof of such payment.

            (5)      (i)      In Baltimore County, the provisions of this subsection shall apply only to employees who are hired on or after July 1, 1997.

                  (ii)      The provisions of this paragraph apply if an agency or representation fee is negotiated in Baltimore County.

                  (iii)      1.      Subject to the provisions of sub-subparagraph 2 of this subparagraph, the employee organization designated as the exclusive representative for the public school employees shall indemnify and hold harmless the Board of Education of Baltimore County against any and all claims, demands, suits, or any other forms of liability that may arise out of, or by reason of, action taken by the Board for the purpose of complying with any of the agency or representation fee provisions of the negotiated agreement.

                        2.      The Board shall retain without charge to the Board the services of counsel that are designated by the exclusive representative with regard to any claim, demand, suit, or any other liability that may arise out of, or by reason of, action taken by the Board for the purpose of complying with any of the agency or representation fee provisions of the negotiated agreement.

                  (iv)      The employee organization designated as the exclusive representative shall submit to the Board an annual audit from an external auditor that reflects the operational expenses of the employee organization and explains how the representation fee is calculated based on the audit.

                  (v)      1.      The agency or representation fee shall be based only on the expenses incurred by the employee organization in its representation in negotiations, contract administration, including the handling of grievances, and other activities, as required under this section.

                        2.      Any political activities of the employee organization designated as the exclusive representative may not be financed by the funds collected from the agency or representation fee.

            (6)      In Montgomery County, an employee who is a home or hospital teacher and who works on a short-term day-to-day basis is not required to pay a service or representation fee.

      (d)      (1)      In Allegany County, Charles County, Garrett County, and Washington County, the public school employer may negotiate with the employee organization designated as the exclusive representative for the public school employees in a unit, a reasonable service or representation fee, to be charged nonmembers for representing them in negotiation, contract administration, including grievances, and other activities specified under subsection (b) of this section.

            (2)      In Charles County, the provisions of this subsection shall apply only to employees who are hired on or after July 1, 2005.

      (e)      In Garrett County:

            (1)      A public school employee who is not a member of the employee organization designated as the exclusive representative for the public school employees in a unit at the time that a negotiated service or representation fee is initiated is exempt from the fee provided under subsection (d) of this section; and

            (2)      An individual who becomes a public school employee after the time that a negotiated service or representation fee is initiated and does not join the employee organization designated as the exclusive representative is liable for the fee provided under subsection (d) of this section.

      (f)      In Anne Arundel County:

            (1)      The public school employer may negotiate with the employee organization designated as the exclusive representative for the public school employees in a unit, a reasonable service or representation fee to be charged nonmembers for representing them in negotiations, contract administration, including grievances, and other activities as are required under subsection (b) of this section.

            (2)      (i)      Subject to the provisions of subparagraph (ii) of this paragraph, the employee organization designated as the exclusive representative for the public school employees shall indemnify and hold harmless the Anne Arundel County Board of Education against any and all claims, demands, suits, or any other forms of liability that may arise out of, or by reason of, action taken by the Board for the purpose of complying with any of the agency or representation fee provisions of the negotiated agreement.

                  (ii)      The Board shall retain without charge to the Board the services of counsel that are designated by the exclusive representative with regard to any claim, demand, suit, or any other liability that may arise out of, or by reason of, action taken by the Board for the purpose of complying with any of the agency or representation fee provisions of the negotiated agreement.

            (3)      The employee organization designated as the exclusive representative shall submit to the Anne Arundel County Board of Education an annual audit from an external auditor that reflects the operational expenses of the employee organization and explains how the service or representation fee is calculated based on the audit.

            (4)      (i)      The service or representation fee shall be based only on the expenses incurred by the employee organization in its representation in negotiations, contract administration, including grievances, and other activities under this section.

                  (ii)      Political activities of the employee organization designated as the exclusive representative may not be financed with the funds collected from the service or representation fee.

            (5)      An employee whose religious beliefs are opposed to joining or financially supporting any collective bargaining organization is:

                  (i)      Not required to pay a service or representation fee; and

                  (ii)      Required to pay an amount of money as determined under paragraph (1) of this subsection to a nonreligious, nonunion charity or to another charitable organization that is mutually agreed upon by the employee and the exclusive representative, and who furnishes to the public school employer and the exclusive representative written proof of the payment.

            (6)      Any negotiated agreement that includes a representation fee also shall contain a provision that requires that an amount of revenue equal to 25% of the annual representation fees collected and maintained by the local bargaining representative be designated for professional development for represented educators.

            (7)      This subsection shall apply only to employees who are hired on or after October 1, 2004.