2018 Maryland Code
Education
Division II - Elementary and Secondary Education
Title 6 - Teachers and Other Personnel
Subtitle 4 - Organizations of Certificated Employees
§ 6-407. Designated organization is negotiating agent; representation in Allegany, Anne Arundel, Charles, Garrett, Howard, Montgomery, Prince George's, and Washington counties and Baltimore City
(a) Negotiating agent. -- 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) Fair representation. --
(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 ยง 6-401(e) of this subtitle as public school employees.
(c) Representation fees. --
(1) Subject to subsection (d) of this section, the public school employer shall negotiate with the employee organization designated as the exclusive representative for the public school employees in a unit, a requirement of 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) The exclusive representative shall establish and maintain a procedure that provides nonmembers with:
(i) An adequate explanation of the basis for the service or representation fee; and
(ii) An opportunity to challenge the amount of the fee.
(6) 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.
(7) The public school employer shall:
(i) Deduct the service or representation fee from the earnings of the nonmember employees in accordance with a schedule provided by the exclusive representative; and
(ii) Promptly transmit the amount deducted to the exclusive representative.
(d) Negotiation of application of fee to current employees. -- When negotiating the implementation of a service or representation fee under this section, the public school employer and the exclusive bargaining representative shall negotiate whether the fee is applicable to current employees.
(e) Ratification of fee -- Fee not negotiated prior to July 1, 2013. --
(1) This subsection applies to a county in which a service or representation fee was not negotiated before July 1, 2013.
(2) The following employees in a unit are eligible to vote on ratification of the implementing agreement that provides for a service or representation fee:
(i) Members of the employee organization; and
(ii) Nonmembers affected by the service or representation fee.
(3) The implementing agreement that provides for a service or representation fee shall be ratified by a majority of votes cast by the employees eligible to vote under paragraph (2) of this subsection.
(f) Ratification of fee -- Fee negotiated prior to July 1, 2013. -- In a county in which a service or representation fee has been negotiated before July 1, 2013, the fee shall be implemented under the provisions of the agreement negotiated before July 1, 2013, and consistent with the requirements of this section without the need for further negotiations.
