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<section article="ghs" article_name="Housing and Community Development" number="16-303" title_number="16" title_name="Montgomery County" subtitle_number="3" subtitle_name="Collective Bargaining">
  <level label="a">
    <level label="1">
      <text>The Montgomery Commission shall recognize the right of an employee organization certified under this subtitle as the exclusive representative of a bargaining unit to represent the employees of the bargaining unit in collective bargaining and in the settlement of grievances.</text>
    </level>
    <level label="2">
      <text>If a single employee organization is certified to represent more than one bargaining unit, the Montgomery Commission shall negotiate a single contract with that organization covering all employees the organization represents.</text>
    </level>
  </level>
  <level label="b">
    <level label="1">
      <text>An employee organization certified as the exclusive representative of a bargaining unit shall:</text>
      <level label="i">
        <text>serve as the only bargaining agent for the unit in collective bargaining; and</text>
      </level>
      <level label="ii">
        <text>except as provided in subsection (c) of this section, represent all employees in the unit fairly and without discrimination.</text>
      </level>
    </level>
    <level label="2">
      <text>An employee organization meets the requirements of paragraph (1)(ii) of this subsection as long as its actions are not arbitrary, discriminatory, or in bad faith toward an employee in the bargaining unit.</text>
    </level>
  </level>
  <level label="c">
    <level label="1">
      <text>The exclusive representative may require an employee who does not pay membership dues or equivalent fees to pay:</text>
      <level label="i">
        <text>the reasonable costs and fees, including expenses for staff time and materials, arbitrator fees, and related attorney’s fees, for filing a grievance or arbitrating a matter that arises under a collective bargaining agreement negotiated under this subtitle brought by the exclusive representative at the request of the employee; and</text>
      </level>
      <level label="ii">
        <text>any anticipated proportional costs and fees before a grievance is filed or arbitration is pursued.</text>
      </level>
    </level>
    <level label="2">
      <text>Failure by the employee to pay the costs and fees required under paragraph (1) of this subsection shall relieve the exclusive representative of any further responsibility to the employee.</text>
    </level>
    <level label="3">
      <text>A dispute concerning the reasonableness of the costs and fees imposed under paragraph (1) of this subsection shall be submitted to the labor relations administrator in accordance with the procedures established under § 16–318 of this subtitle for unfair labor practices.</text>
    </level>
  </level>
  <level label="d">
    <level label="1">
      <text>An exclusive representative’s duty of fair representation owed to a public employee who is in the bargaining unit shall be limited to the negotiation and enforcement of the terms of the collective bargaining agreement with the public employer.</text>
    </level>
    <level label="2">
      <text>Nothing in this subsection may be construed to limit an employee organization from providing only to the organization’s members legal, economic, or job–related services or benefits outside the collective bargaining agreement.</text>
    </level>
  </level>
</section>
