Ch. 129                                   2004 LAWS OF MARYLAND

(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

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