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2007 Laws of Maryland
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Ch. 631
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(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.
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