§ 4-5-301. EMPLOYEE RIGHTS AND RESPONSIBILITIES.

(a)

Right - Join an employee organization. Employees may form, join, and participate in the activities of employee organizations of their own choosing for the purpose of representation in matters of employee relations.

(b)

Same - Refusal to join.

(1)

Employees may refuse to join or participate in activities of employee organizations.

(2)

An employee who refuses to join or participate in activities of an employee organization may not be interfered with, restrained, coerced, or intimated against because of the employee's exercise of this right.

(c)

Mandated charges in lieu of membership dues.

(1)

Notwithstanding subsection (b) of this section, under the provisions of a valid memorandum of understanding, the county administration may make an agreement with an exclusive representative requiring an employee who is not a member of the exclusive representative to pay a monthly service charge as a condition of employment in an amount that is not greater than the regular monthly dues that the exclusive representative collects from its members.

(2)

The agreement authorized under this subsection does not constitute an unfair labor practice under § 4-5-203 of this title.

(d)

Same - Conditions.

(1)

Except as provided in paragraph (2) of this subsection and in accordance with subsection (c) of this section:

(i)

If at least 70% of the total number of employees in a representation unit are members of the exclusive representative for that representation unit, all employees of the representation unit shall pay the service charge; and

(ii)

If less than 70%, but more than 40% of employees in a representation unit are members, the following employees of the representation unit shall pay the service charge:

1.

Employees who are hired into the representation unit, but do not become members of the exclusive representative; and

2.

Current members of the exclusive representative who elect to discontinue membership in the exclusive representative.

(2)

(i)

This paragraph applies to salaried employees in pay schedules I and I-C of the County Classification and Compensation Plans.

(ii)

In accordance with subsection (c) of this section:

1.

If at least 70% of the total number of employees in the representation unit are members of the exclusive representative for that representation unit, all employees of the representation unit shall pay the service charge; and

2.

If less than 70%, but more than 30% of employees in the representation unit are members, the following employees of the representation unit shall pay the service charge:

A.

Employees who are hired into the representation unit after July 1, 2012, but do not become members of the exclusive representative; and

B.

Members of the exclusive representative as of July 1, 2012 who elect to discontinue membership in the exclusive representative.

(e)

Same - Right to challenge. Any employee required to pay a service charge required by this section may challenge the exclusive representative as to the amount of the service charge through an available and applicable process.

(f)

Same - Dismissal of employee. An employee who has not paid the service charge required by this section may not be discharged until:

(1)

The county administration and the employee have been given proper notice of the delinquency and adequate time to correct the delinquency; and

(2)

The county administration has afforded the employee sufficient opportunity, consistent with the requirements of due process, to defend against the petition for discharge.

(1988 Code, §§ 25-55, 25-56) (Bill No. 147-97, § 1, 1-26-1998; Bill No. 66-99, § 2, 7-1-2004; Bill No. 16-03, § 1, 4-11-2003; Bill No. 71-03, §§ 3, 4, 7-1-2004; Bill No. 29-13, § 1, 6-5-2013)

Editor's note:
  Section 2 of the Act provides that the Act shall take effect June 5, 2013, retroactive to July 1, 2012.