2.__Termination of representative relationship.__If, in the course of a grievance proceeding in which the bargaining agent is representing the employee, the employee reasonably believes that the bargaining agent is not acting in good faith, the employee may terminate the representative relationship with the bargaining agent and independently pursue resolution of the grievance or engage, at the employee's expense, an attorney to assist in prosecuting the grievance to its conclusion, including arbitration. If the employee prevails in the grievance, the bargaining agent shall reimburse the employee for all reasonable costs and expenses incurred by the employee, including attorney's fees.

3.__Nonmember request for representation.__If, at any step of a grievance proceeding, an employee who has declined membership in and has not paid dues to the organization certified as the bargaining agent requests representation by the bargaining agent, the bargaining agent shall provide to the employee those services that the bargaining agent would provide to member employees under the same circumstances.__An employee who requests representation under this subsection shall pay to the bargaining agent that amount that the employee would have paid in dues and fees had the employee joined the organization certified as the bargaining agent on the effective date of the collective bargaining agreement or on the actual date of commencement of the employee's employment, whichever is more recent.

4.__Rights of employee balanced against interests of majority of members.__In all proceedings under this section, the bargaining agent shall regard the rights of the employee as paramount, except that the bargaining agent may, in assessing the merits of a grievance, consider the potential effect of the resolution of that particular grievance on the best interests of a majority of the other members of the bargaining unit.

§1025-D.__Potential conflict of interest

1.__Conflict of interest.__To avoid a possible conflict of interest on the part of the bargaining agent, an employee may decline representation of the bargaining agent and engage a private attorney to pursue a grievance if: