PARRIS N. GLENDENING, Governor

Ch. 706

Annotated Code of Maryland
(1997 Replacement Volume)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article - Education

6-407.

(c) (1) In Montgomery [and Prince George's Counties] 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 [subsection
(c)(2)] PARAGRAPH (2) of this [section] 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

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