WILLIAM DONALD SCHAEFER, Governor                            Ch. 563

(III)    REFUSE TO COLLECTIVELY BARGAIN IN GOOD FAITH WITH
THE MNCPPC AS PROVIDED IN SUBSECTION (E)(1) OF THIS SECTION, IF A LABOR
ORGANIZATION HAS BEEN DESIGNATED AS THE EXCLUSIVE REPRESENTATIVE OF
EMPLOYEES IN A UNIT IN ACCORDANCE WITH THE PROVISIONS OF SUBSECTION (C)
OF THIS SECTION;

(IV)    REFUSE TO PARTICIPATE IN GOOD FAITH IN THE PROCEDURES
FOR FACT-FINDING AS PROVIDED IN SUBSECTION (E)(4) OF THIS SECTION;

(V)     ENGAGE IN A STRIKE IN VIOLATION OF SUBSECTION (E)(5) OF
THIS SECTION; OR

(VI)    REFUSE OR FAIL TO COMPLY WITH ANY PROVISION OF THIS
SECTION.

(3) AN EXPRESSION OF ANY VIEWS, ARGUMENTS, OR OPINIONS,
WHETHER ORAL OR WRITTEN, PRINTED, GRAPHIC, OR VISUAL FORM, MAY NOT
CONSTITUTE OR BE EVIDENCE OF AN UNFAIR LABOR PRACTICE UNDER ANY OF THE
PROVISIONS OF THIS SECTION, IF THE EXPRESSION DOES NOT CONTAIN A THREAT
OF REPRISAL OR FORCE, A PROMISE OF BENEFIT, OR A MISREPRESENTATION OF
FACT.

(J) (1) NOTHING IN THIS SECTION OR IN ANY OTHER FEDERAL OR STATE
LAW MAY PRECLUDE THE MNCPPC FROM MAKING A COLLECTIVE BARGAINING
AGREEMENT WITH AN EXCLUSIVE REPRESENTATIVE THAT REQUIRES AN
EMPLOYEE, AS A CONDITION OF EMPLOYMENT, TO PAY A MAINTENANCE OR
SERVICE FEE AS A CONTRIBUTION TOWARDS THE COST OF THE NEGOTIATION AND
ADMINISTRATION OF THE AGREEMENT, IN AN AMOUNT NOT GREATER THAN THE
REGULAR ANNUAL DUES PAID TO THE EXCLUSIVE REPRESENTATIVE.

(2)      BEFORE THE MNCPPC DISCHARGES AN EMPLOYEE WHO FAILS TO
PAY A MAINTENANCE OR SERVICE FEE, IT SHALL GIVE THE EMPLOYEE:

(I)       WRITTEN NOTICE OF THE DELINQUENT PAYMENT; AND

(II)     ADEQUATE TIME TO CORRECT THE DELINQUENCY.

(3)      IF THE MNCPPC AND THE EMPLOYEE ARE UNABLE TO RESOLVE THE
FEE ISSUE, THE ISSUE SHALL BE SUBMITTED TO AN UMPIRE IN ACCORDANCE WITH
THE PROVISIONS OF SUBSECTION (K) OF THIS SECTION.

(K) (1) ANY CHARGE THAT THE MNCPPC, A PUBLIC EMPLOYEE, OR A LABOR
ORGANIZATION HAS ENGAGED IN AN UNFAIR LABOR PRACTICE SHALL:

(I)       BE IN WRITING;

(II)     STATE CONCISELY AND SIMPLY THE FACTS THAT ARE
ASSERTED OR IF THE FACTS CANNOT BE STATED IN DETAIL, THE ISSUES THAT ARE
INVOLVED; AND

(III)    BE SERVED PERSONALLY ON THE PARTY ALLEGED TO HAVE
ENGAGED IN THE VIOLATION WITHIN 180 DAYS OF THE ALLEGED VIOLATION.

- 2825 -