(a) A public school employee may refuse to join or participate in the activities of employee organizations.
(b) (1) Subject to subsection (e) of this section, the public school employer, with respect to noncertificated employees, shall negotiate a structure of required reasonable service or representation fees to be charged nonmembers for representation in negotiations and grievance matters by employee organizations.
(2) 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 that is equal to the service or representation fee to a nonreligious, nonunion charity or to such other charitable organization as may be mutually agreed upon by the employee and the employee organization, and who furnishes to the public school employer and the employee organization written proof of the payment.
(c) The employee organization shall establish and maintain a procedure that provides nonmembers with:
(1) An adequate explanation of the basis for the service or representation fee; and
(2) An opportunity to challenge the amount of the fee.
(d) The public school employer shall:
(1) Deduct the service or representation fee from the earnings of the nonmember employees in accordance with a schedule provided by the employee organization; and
(2) Promptly transmit the amount deducted to the employee organization.
(e) When negotiating the implementation of a service or representation fee under this section, the public school employer and the exclusive bargaining representative shall first negotiate whether the fee is applicable to current employees.
(f) (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.
(g) 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.