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§ 6-407. Powers and duties of designated representatives

West's Annotated Code of MarylandEducationEffective: July 1, 2010

West's Annotated Code of Maryland
Education (Refs & Annos)
Division II. Elementary and Secondary Education [Titles 2-9.5] (Refs & Annos)
Title 6. Teachers and Other Personnel (Refs & Annos)
Subtitle 4. Organizations of Certificated Employees (Refs & Annos)
Effective: July 1, 2010
MD Code, Education, § 6-407
§ 6-407. Powers and duties of designated representatives
Negotiating agent of public school employees in county
(a) An employee organization designated as an exclusive representative shall be the negotiating agent of all public school employees in the unit in the county.
Fair and nondiscriminatory representation of employees
(b)(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 § 6-401(e) of this subtitle as public school employees.
Montgomery, Prince George’s, Baltimore, and Howard Counties; Baltimore City
(c)(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.
Service or representation fees
(d) 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.
Employees eligible to vote for ratification of fees
(e)(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.
Implementation of fee
(f) 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.

Credits

Added by Acts 1978, c. 22, § 2, eff. July 1, 1978. Amended by Acts 1978, c. 713, § 2; Acts 1983, c. 630; Acts 1984, c. 255; Acts 1985, c. 427; Acts 1987, c. 767; Acts 1991, c. 305; Acts 1994, c. 709, § 1, eff. July 1, 1994; Acts 1995, c. 3, § 1, eff. March 7, 1995; Acts 1997, c. 706, § 1, eff. July 1, 1997; Acts 2000, c. 61, §§ 1, 6, eff. April 25, 2000; Acts 2000, c. 176, § 1, eff. July 1, 2000; Acts 2004, c. 129, § 1, eff. Oct. 1, 2004; Acts 2005, c. 64, § 1, eff. July 1, 2005; Acts 2007, c. 631, § 1, eff. Oct. 1, 2007; Acts 2008, c. 36, § 1, eff. April 8, 2008; Acts 2009, c. 281, § 1, eff. Oct. 1, 2009; Acts 2009, c. 282, § 1, eff. Oct. 1, 2009; Acts 2010, c. 72, § 5, eff. April 13, 2010; Acts 2013, c. 261, § 1, eff. July 1, 2013; Acts 2013, c. 262, § 1, eff. July 1, 2013.
MD Code, Education, § 6-407, MD EDUC § 6-407
Current with all legislation from the 2021 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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