(a)  The exclusive representative shall have the right to act for and negotiate agreements covering all employees in the bargaining unit. Nothing in the provision shall require the exclusive representative to provide representation at any level of the grievance process, including arbitration, in any case on behalf of an employee who has elected not to maintain membership in the employee organization for a period of at least ninety (90) days prior to the events giving rise to the grievance.

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(b)  An employee who has elected not to maintain membership in the employee organization may, at his or her own expense, pursue a grievance against the employer and have the grievance heard, without intervention by the exclusive representative, provided that the exclusive representative is afforded the opportunity to be present at the grievance/arbitration hearing and that any resolution of the grievance shall not be inconsistent with the terms of the collective bargaining agreement then in effect between the employer and the exclusive representative. The exclusive representative shall have no obligation to incur expenses related to a grievance initiated by an employee who has elected not to maintain membership in the employee organization for a period of at least ninety (90) days prior to the events giving rise to the grievance.