SENATE AMENDED
PRIOR PRINTER'S NOS. 183, 266, 335, PRINTER'S NO. 2234
2043, 2123, 2137, 2218
No. 180 Session of 1985
INTRODUCED BY GREENLEAF, O'CONNELL, FISHER, SHUMAKER, HOWARD,
KRATZER, SALVATORE, WENGER, HELFRICK, ANDREZESKI, HOPPER,
PECORA, REIBMAN, O'PAKE AND ROCKS, JANUARY 22, 1985
SENATE AMENDMENTS TO HOUSE AMENDMENTS, JUNE 16, 1986
AN ACT
1 Amending the act of April 9, 1929 (P.L.177, No.175), entitled
2 "An act providing for and reorganizing the conduct of the
3 executive and administrative work of the Commonwealth by the
4 Executive Department thereof and the administrative
5 departments, boards, commissions, and officers thereof,
6 including the boards of trustees of State Normal Schools, or
7 Teachers Colleges; abolishing, creating, reorganizing or
8 authorizing the reorganization of certain administrative
9 departments, boards, and commissions; defining the powers and
10 duties of the Governor and other executive and administrative
11 officers, and of the several administrative departments,
12 boards, commissions, and officers; fixing the salaries of the
13 Governor, Lieutenant Governor, and certain other executive
14 and administrative officers; providing for the appointment of
15 certain administrative officers, and of all deputies and
16 other assistants and employes in certain departments, boards,
17 and commissions; and prescribing the manner in which the
18 number and compensation of the deputies and all other
19 assistants and employes of certain departments, boards and
20 commissions shall be determined," adding and changing
21 definitions relating to crime victims' compensation; further
22 providing for eligibility for crime victims' compensation and
23 for awards; providing for the responsibilities of providers
24 of service to crime victims; further providing for the
25 allocation of certain funds; extending the limitations period
26 for the filing of claims for crimes' victims compensation by
27 child victims; authorizing certain STATEWIDE employee <--
28 organizations to file copies of their constitutions and <--
29 bylaws SUBMIT REPORTS with the Secretary of Labor and <--
30 Industry; imposing penalties for failing to file certain
31 information; providing for agency shop agreements FAIR SHARE <--
1 FEE AGREEMENTS FOR CERTAIN COMMONWEALTH AND SCHOOL EMPLOYEES;
2 and making repeals.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. The act of April 9, 1929 (P.L.177, No.175), known <--
6 as The Administrative Code of 1929, is amended by adding a
7 section to read:
8 Section 408.2. Fair Share Fee; Payroll Deduction.--(a) As
9 used in this section:
10 "Bonafide religious grounds." The tenets or teachings of a
11 bonafide church or religious body of which the objecting fee
12 payer is a member, and which form the basis for refusal to
13 associate.
14 "Exclusive representative." The employe organization
15 selected by the employes of a school entity to represent them
16 for purposes of collective bargaining pursuant to the act of
17 July 23, 1970 (P.L.563, No.195), known as the "Public Employe
18 Relations Act."
19 "Fair share fee." The regular membership dues required of
20 members of the exclusive representative less the cost for the
21 previous fiscal year of its activities or undertakings which
22 were not reasonably employed to implement or effectuate the
23 duties of the employe organization as exclusive representative.
24 "School entity." Any school district, intermediate unit, or
25 vocational-technical school regulated by the State Board of
26 Education.
27 (b) When the exclusive representative of a school entity's
28 employes who are subject to the regulations of the State Board
29 of Education notifies the school entity as to the amount of the
30 fair share fee, the school entity may deduct from the salaries
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1 or wages of non-members of the exclusive representative the fair
2 share fee and shall transmit said fee to the exclusive
3 representative. Payroll deduction and transmittal of the fee
4 shall be in accordance with a schedule agreed to by the school
5 entity and the exclusive representative.
6 (c) As soon as the information is verified by an independent
7 auditor, the exclusive representative shall provide the school
8 entity and non-members with a list of the major categories of
9 expenses during the previous fiscal year together with a
10 statement of the fair share fee and an explanation as to how it
11 was calculated. At the same time, the exclusive representative
12 shall notify the non-members that they may challenge the fee
13 within thirty days from receipt of notification either with
14 respect to its calculation or on bonafide religious grounds
15 before an impartial arbitrator, paid for equally by the non-
16 member and the exclusive representative, and selected by both
17 from a list supplied by the American Arbitration Association,
18 pursuant to the Voluntary Rules of the Association.
19 (d) The decision of the impartial arbitrator shall be final
20 and binding and shall be appealable only on the grounds
21 available for the appeal of arbitration awards under the common
22 law of this Commonwealth.
23 (e) The exclusive representative shall place each fair share
24 fee into an escrow account until such time as the non-member's
25 challenge is resolved or until the thirty day post-notification
26 period has passed without challenge.
27 (f) Should an arbitrator decide that a non-member's
28 objection is based on bonafide religious grounds, the non-member
29 shall be required to transmit an amount equal to the fair share
30 fee to a non-religious charity agreed upon by the non-member and
19850S0180B2234 - 3 -
1 the exclusive representative.
2 Section 2 1. Section 477 of the act OF APRIL 9, 1929 <--
3 (P.L.177, NO.175), KNOWN AS THE ADMINISTRATIVE CODE OF 1929,
4 amended June 30, 1984 (P.L.458, No.96), is amended to read:
5 Section 477. Definitions.--So far as it relates to the crime
6 victim's compensation provisions, the following terms shall be
7 defined as:
8 "Board" means the Crime Victim's Compensation Board.
9 "Claimant" means the person filing a claim pursuant to this
10 act.
11 "Crime" means an act committed in Pennsylvania which, if
12 committed by a mentally competent, criminally responsible adult,
13 who had no legal exemption or defense, would constitute a crime
14 as defined in and proscribed by Title 18 of the "Pennsylvania
15 Consolidated Statutes," (relating to crimes and offenses) or
16 enumerated in the act of April 14, 1972 (P.L.233, No.64), known
17 as "The Controlled Substance, Drug, Device and Cosmetic Act" or
18 such as would constitute a crime as defined in and prescribed by
19 75 Pa.C.S. § 3731 (relating to driving under influence of
20 alcohol or controlled substance): Provided, however, That no act
21 involving the operation of a motor vehicle which results in
22 injury shall constitute a crime for the purpose of this act
23 unless such injury was intentionally inflicted through the use
24 of a motor vehicle or unless the injury or death was a result of
25 an accident involving a legally intoxicated operator of a motor
26 vehicle.
27 "Family," when used in reference to a person, shall mean (i)
28 anyone related to such person within the third degree of
29 consanguinity or affinity, (ii) anyone maintaining a common-law
30 relationship with such person, or (iii) anyone residing in the
19850S0180B2234 - 4 -
1 same household with such person.
2 "Injury" shall include physical or mental damages and
3 aggravation of existing injuries if additional losses can be
4 attributed to the result of the crime.
5 "Intervenor" shall mean a person who goes to the aid of
6 another and suffers [bodily] physical or mental injury or death
7 as a direct result of acting not recklessly to prevent the
8 commission of a crime, or to lawfully apprehend a person
9 reasonably suspected of having committed such crime, or to aid
10 the victim of such crime.
11 "Local law enforcement agency" means a police department of a
12 city, borough, incorporated town or township.
13 "Loss of earnings," in addition to its ordinary meaning,
14 shall mean the loss of the cash equivalent of a social security
15 [payment where social security], railroad retirement, or support
16 payment, where said payment is the primary source of the
17 victim's or claimant's income and where the victim is deprived
18 of the money as a direct result of a crime; or the loss of
19 earning power resulting from the injury as herein defined, to
20 the victim or claimant.
21 "Out-of-pocket loss" means the unreimbursed and
22 unreimbursable expenses or indebtedness incurred for medical
23 care, nonmedical remedial care and treatment rendered in
24 accordance with a religious method of healing as approved by the
25 board, or other services, including psychological counseling,
26 reasonably necessary as a result of the injury upon which the
27 claim is based and for which the claimant either has paid or is
28 liable, to include expenses for physical examinations and
29 materials used to obtain evidence. In no case shall property
30 damages or compensation for pain and suffering be included.
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1 "Victim" shall mean a person against whom a crime has been
2 committed, other than the alleged offender, who suffers [bodily]
3 physical or mental injury, death or the loss of [the proceeds of
4 a social security payment which is the primary income of the
5 recipient as a direct result of a crime] earnings as herein
6 defined.
7 Section 3 2. Section 477.3(c) and (d) of the act, amended <--
8 June 30, 1984 (P.L.458, No.96), are amended to read:
9 Section 477.3. Persons Eligible for Compensation.--* * *
10 (c) [A person who is not a resident of Pennsylvania at the
11 time of occurrence of the crime upon which the claim is based,
12 shall be eligible for compensation only if the law of the state
13 of which he is a resident at the time of occurrence of the crime
14 upon which the claim is based provides for compensation to
15 Pennsylvania residents who are victims of crime in such state.
16 (d) If the victim's state of residence provides payments to
17 its residents injured in Pennsylvania, primary responsibility
18 for payment to the victim shall rest with the victim's state of
19 residence.] A person who is a resident of the United States,
20 including the District of Columbia, the Commonwealth of Puerto
21 Rico and all territories and possessions of the United States,
22 shall be eligible for compensation.
23 (d) Where a crime results in death, individuals related to
24 the victim within the third degree of consanguinity or affinity
25 shall be eligible for compensation for psychological counseling.
26 Section 4 3. Section 477.4(b) of the act, added July 9, 1976 <--
27 (P.L.574, No.139), is amended to read:
28 Section 477.4. Filing of Claims for Compensation.--* * *
29 (b) A claim must be filed not later than one year after the
30 occurrence of the crime upon which the claim is based, or not
19850S0180B2234 - 6 -
1 later than one year after the death of the victim or intervenor:
2 Provided, however, That for good cause the board may extend the
3 time for filing for a period not exceeding two years after such
4 occurrence. Where a victim is under the age of eighteen at the
5 time of the occurrence of the crime and the alleged offender is
6 the victim's parent or a person responsible for the victim's
7 welfare, or any individual residing in the same home as the
8 victim, or a paramour of the victim's parent, the board may, for
9 good cause, extend the time for filing for a period not
10 exceeding five years after such occurrence.
11 * * *
12 Section 5 4. Section 477.5 of the act is repealed. <--
13 Section 6 5. Section 477.9 of the act is amended by adding <--
14 subsections to read:
15 Section 477.9. Awards.--* * *
16 (c.1) Where an order of restitution has been entered on
17 behalf of the victim, those amounts actually collected shall
18 first be applied to property losses incident to the crime and
19 secondly to personal injury losses as set forth in subsection
20 (f) of this section.
21 (c.2) Provisions of or awards made pursuant to this or any
22 other act compensating or benefiting a victim or claimant as
23 defined by this act shall in no way affect the claimant or
24 victim's eligibility under public assistance or any other State
25 or federally created social benefit or assistance program.
26 * * *
27 Section 7 6. The act is amended by adding a section to read: <--
28 Section 477.19. Responsibilities of Service Providers and
29 Insurance Companies.--(a) Providers of services, including, but
30 not limited to, doctors, hospitals, counselors and insurance
19850S0180B2234 - 7 -
1 companies providing reimbursement to victims or claimants, shall
2 respond, in writing, to the board's request for confirmation
3 under this act within thirty (30) days of receipt of the board's
4 request.
5 (b) Any provider who fails to respond within thirty (30)
6 days of receipt of the request shall be subject to civil penalty
7 of not more than ten dollars ($10) per day up to, and including
8 the date of compliance.
9 (c) The office of district attorney of the county in which
10 the provider is located or the Attorney General shall be charged
11 with enforcement of this section.
12 Section 8 7. Section 479.5 of the act is amended by adding a <--
13 subsection to read:
14 Section 479.5. Grant Program for Services.--* * *
15 (f) In the allocation of funds for services under section
16 479.4, the commission shall consider the revenue collected by
17 potential grant recipients under the penalty assessments
18 authorized in section 477.15 of this act and section 1203 of the
19 act of June 13, 1967 (P.L.31, No.21), known as the "Public
20 Welfare Code," pertaining to domestic violence and rape crisis
21 services.
22 Section 9. The act is amended by adding a section to read: <--
23 Section 2215. Employe Organizations to File Copy of
24 Constitution and Bylaws with the Department; Agency Shop
25 Agreements.--(a) Every State employe organization having an
26 agency shop agreement shall adopt a constitution and bylaws and
27 shall file a copy thereof with the Secretary of Labor and
28 Industry, together with a report, signed by its president and
29 secretary or corresponding principal officers, containing the
30 following information:
19850S0180B2234 - 8 -
1 (1) The name of the employe organization, its mailing
2 address and any other address at which it maintains its
3 principal office or at which it keeps the records referred to in
4 this section;
5 (2) The name and title of each of its officers;
6 (3) The initiation fee or fees required from a new or
7 transferred member and fees for work permits required by the
8 reporting employe organization;
9 (4) The regular dues or fees or other periodic payments
10 required to remain a member of the reporting employe
11 organization;
12 (5) Detailed statements, or references to specific
13 provisions of documents filed under this subsection which
14 contain such statements, showing the provision made and
15 procedures followed with respect to each of the following:
16 (i) qualifications for or restrictions on membership;
17 (ii) levying of assessments;
18 (iii) participation in insurance of other benefit plans;
19 (iv) authorization for disbursement of funds of the employe
20 organization;
21 (v) audit of financial transactions of the employe
22 organization;
23 (vi) the calling of regular and special meetings;
24 (vii) the selection of officers and stewards and of any
25 representatives to other bodies composed of employe
26 organizations' representatives, with a specific statement of the
27 manner in which each officer was elected, appointed or otherwise
28 selected;
29 (viii) discipline or removal of officers or agents for
30 breaches of their trust;
19850S0180B2234 - 9 -
1 (ix) imposition of fines, suspensions and expulsions of
2 members, including the grounds for such action and any provision
3 made for notice, hearing, judgment on the evidence and appeal
4 procedures;
5 (x) authorization for bargaining demands;
6 (xi) ratification of contract terms;
7 (xii) authorization for strikes; and
8 (xiii) issuance of work permits.
9 Any change in the information provided under this subsection
10 shall be reported to the Secretary of Labor and Industry at the
11 time the reporting employe organization files with the Secretary
12 of Labor and Industry the annual financial report required by
13 subsection (b).
14 (b) Every State employe organization having an agency shop
15 agreement shall file annually on or before July 15 with the
16 Secretary of Labor and Industry a financial report signed by its
17 president and treasurer or corresponding principal officers
18 containing the following information in such detail as may be
19 necessary to accurately disclose its financial condition and
20 operations for its preceding fiscal year:
21 (1) Assets and liabilities at the beginning and end of the
22 fiscal year;
23 (2) Receipts of any kind and the sources thereof;
24 (3) Salary, allowances and other direct or indirect
25 disbursements, including reimbursed expenses, to each officer
26 and to each employe who, during such fiscal year, received more
27 than ten thousand dollars ($10,000) in the aggregate from such
28 employe organization and any other employe organization
29 affiliated with it or with which it is affiliated, or which is
30 affiliated with the same national or international employe
19850S0180B2234 - 10 -
1 organization;
2 (4) Direct and indirect loans made to any officer, employe
3 or member, which aggregated more than two hundred fifty dollars
4 ($250) during the fiscal year, together with a statement of the
5 purpose, security, if any, and arrangements for repayments;
6 (5) Direct and indirect loans to any business enterprise
7 together with a statement of the purpose, security, if any, and
8 arrangements for repayment; and
9 (6) Other disbursements made by it including the purposes
10 thereof.
11 The information submitted under this subsection shall be in
12 such categories as the Secretary of Labor and Industry may
13 prescribe.
14 (c) Every employe organization which submits a report under
15 this section shall make available the information required to be
16 contained in such report to all of its members, and every such
17 employe organization and its officers shall be under a duty
18 enforceable at the suit of any member of such organization in
19 the court of common pleas of the county in which such employe
20 organization maintains its principal office, to permit such
21 member for just cause to examine any books, records and accounts
22 necessary to verify such report. The court in such action may,
23 in its discretion, in addition to any judgment awarded to the
24 plaintiff or plaintiffs, allow a reasonable attorney's fee to be
25 paid by the defendant and costs of the action.
26 (d) Every employe organization and every person filing any
27 report under this section shall maintain records on the matters
28 required to be reported which will provide in sufficient detail
29 the necessary basic information and data from which the
30 documents filed with the Secretary of Labor and Industry may be
19850S0180B2234 - 11 -
1 verified, explained or clarified, and checked for accuracy and
2 completeness, and shall include vouchers, worksheets, receipts
3 and applicable resolutions, and shall keep such records
4 available for examination for a period of not less than five
5 years after the filing of the documents based on the information
6 which they contain.
7 SECTION 8. THE ACT IS AMENDED BY ADDING A SECTION TO READ: <--
8 SECTION 2215. FAIR SHARE FEE; PAYROLL DEDUCTION.--(A) AS
9 USED IN THIS SECTION:
10 "BONA FIDE RELIGIOUS GROUNDS." THE TENETS OR TEACHINGS OF A
11 BONA FIDE CHURCH OR RELIGIOUS BODY OF WHICH THE OBJECTING FEE
12 PAYER IS A MEMBER, AND WHICH FORM THE BASIS FOR REFUSAL TO
13 ASSOCIATE.
14 "COMMONWEALTH." THE COMMONWEALTH OF PENNSYLVANIA, INCLUDING
15 ANY BOARD, COMMISSION, DEPARTMENT, AGENCY OR INSTRUMENTALITY OF
16 THE COMMONWEALTH.
17 "EMPLOYE ORGANIZATION." AN ORGANIZATION OF ANY KIND OR ANY
18 AGENCY OR EMPLOYE REPRESENTATION COMMITTEE OR PLAN IN WHICH
19 MEMBERSHIP INCLUDES PUBLIC EMPLOYES, AND WHICH EXISTS FOR THE
20 PURPOSE, IN WHOLE OR IN PART, OF DEALING WITH EMPLOYERS
21 CONCERNING GRIEVANCES, EMPLOYE-EMPLOYER DISPUTES, WAGES, RATES
22 OF PAY, HOURS OF EMPLOYMENT OR CONDITIONS OF WORK BUT SHALL NOT
23 INCLUDE ANY ORGANIZATION WHICH PRACTICES DISCRIMINATION IN
24 MEMBERSHIP BECAUSE OF RACE, GENDER, COLOR, CREED, NATIONAL
25 ORIGIN OR POLITICAL AFFILIATION.
26 "EXCLUSIVE REPRESENTATIVE." THE EMPLOYE REPRESENTATIVE
27 SELECTED BY THE EMPLOYES OF A PUBLIC EMPLOYER TO REPRESENT THEM
28 FOR PURPOSES OF COLLECTIVE BARGAINING PURSUANT TO THE ACT OF
29 JULY 23, 1970 (P.L.563, NO.195), KNOWN AS THE "PUBLIC EMPLOYE
30 RELATIONS ACT."
19850S0180B2234 - 12 -
1 "FAIR SHARE FEE." THE REGULAR MEMBERSHIP DUES REQUIRED OF
2 MEMBERS OF THE EXCLUSIVE REPRESENTATIVE LESS THE COST FOR THE
3 PREVIOUS FISCAL YEAR OF ITS ACTIVITIES OR UNDERTAKINGS WHICH
4 WERE NOT REASONABLY EMPLOYED TO IMPLEMENT OR EFFECTUATE THE
5 DUTIES OF THE EMPLOYE ORGANIZATION AS EXCLUSIVE REPRESENTATIVE.
6 "PUBLIC EMPLOYER." THE COMMONWEALTH OR A SCHOOL ENTITY.
7 "SCHOOL ENTITY." ANY SCHOOL DISTRICT, INTERMEDIATE UNIT, OR
8 VOCATIONAL-TECHNICAL SCHOOL REGULATED BY THE STATE BOARD OF
9 EDUCATION.
10 "STATEWIDE EMPLOYE ORGANIZATION." AN EMPLOYE ORGANIZATION
11 WHICH IS THE STATEWIDE AFFILIATED PARENT ORGANIZATION OF AN
12 EXCLUSIVE REPRESENTATIVE, OR AN EXCLUSIVE REPRESENTATIVE
13 REPRESENTING EMPLOYES STATEWIDE, AND WHICH IS RECEIVING NON-
14 MEMBER FAIR SHARE FEE PAYMENTS UNDER A FAIR SHARE FEE AGREEMENT.
15 (B) A PUBLIC EMPLOYER MAY ENTER INTO A FAIR SHARE FEE
16 AGREEMENT WITH AN EXCLUSIVE REPRESENTATIVE WHICH WOULD REQUIRE
17 THAT EACH NON-MEMBER OF A COLLECTIVE BARGAINING UNIT SHALL BE
18 REQUIRED TO PAY, AS A CONDITION OF CONTINUED EMPLOYMENT, A FAIR
19 SHARE FEE, EXCEPT AS PROVIDED FOR IN THIS SECTION.
20 (C) WHEN THE EXCLUSIVE REPRESENTATIVE OF EMPLOYES OF A
21 PUBLIC EMPLOYER NOTIFIES THE PUBLIC EMPLOYER AS TO THE AMOUNT OF
22 THE FAIR SHARE FEE LEVIED PURSUANT TO SUBSECTION (B), THE
23 EMPLOYER SHALL DEDUCT FROM THE SALARIES OR WAGES OF NON-MEMBERS
24 OF THE EXCLUSIVE REPRESENTATIVE THE FAIR SHARE FEE AND SHALL
25 TRANSMIT SAID FEE TO THE EXCLUSIVE REPRESENTATIVE. PAYROLL
26 DEDUCTION AND TRANSMITTAL OF THE FEE SHALL BE IN ACCORDANCE WITH
27 A SCHEDULE AGREED TO BY THE PUBLIC EMPLOYER AND THE EXCLUSIVE
28 REPRESENTATIVE.
29 (D) AS SOON AS THE INFORMATION IS VERIFIED BY AN INDEPENDENT
30 AUDITOR, THE EXCLUSIVE REPRESENTATIVE SHALL PROVIDE THE PUBLIC
19850S0180B2234 - 13 -
1 EMPLOYER AND NON-MEMBERS WITH A LIST OF THE MAJOR CATEGORIES OF
2 EXPENSES DURING THE PREVIOUS FISCAL YEAR TOGETHER WITH A
3 STATEMENT OF THE FAIR SHARE FEE AND AN EXPLANATION AS TO HOW IT
4 WAS CALCULATED. AT THE SAME TIME, THE EXCLUSIVE REPRESENTATIVE
5 SHALL NOTIFY THE NON-MEMBERS THAT THEY MAY CHALLENGE THE FEE
6 WITHIN THIRTY (30) DAYS FROM RECEIPT OF NOTIFICATION EITHER WITH
7 RESPECT TO ITS CALCULATION OR ON BONA FIDE RELIGIOUS GROUNDS
8 BEFORE AN IMPARTIAL ARBITRATOR, PAID FOR EQUALLY BY THE NON-
9 MEMBER AND THE EXCLUSIVE REPRESENTATIVE, AND SELECTED BY BOTH
10 FROM A LIST SUPPLIED BY THE AMERICAN ARBITRATION ASSOCIATION,
11 PURSUANT TO THE VOLUNTARY RULES OF THE ASSOCIATION.
12 (E) THE DECISION OF THE IMPARTIAL ARBITRATOR SHALL BE FINAL
13 AND BINDING AND SHALL BE APPEALABLE ONLY ON THE GROUNDS
14 AVAILABLE FOR THE APPEAL OF ARBITRATION AWARDS UNDER THE COMMON
15 LAW OF THIS COMMONWEALTH.
16 (F) THE EXCLUSIVE REPRESENTATIVE SHALL PLACE EACH FAIR SHARE
17 FEE INTO AN ESCROW ACCOUNT UNTIL SUCH TIME AS THE NON-MEMBER'S
18 CHALLENGE IS RESOLVED OR UNTIL THE THIRTY DAY POST-NOTIFICATION
19 PERIOD HAS PASSED WITHOUT CHALLENGE.
20 (G) SHOULD AN ARBITRATOR DECIDE THAT A NON-MEMBER'S
21 OBJECTION IS BASED ON BONA FIDE RELIGIOUS GROUNDS, THE NON-
22 MEMBER SHALL BE REQUIRED TO TRANSMIT AN AMOUNT EQUAL TO THE FAIR
23 SHARE FEE TO A NON-RELIGIOUS CHARITY AGREED UPON BY THE NON-
24 MEMBER AND THE EXCLUSIVE REPRESENTATIVE.
25 (H) EVERY STATEWIDE EMPLOYE ORGANIZATION REQUIRED TO SUBMIT
26 A REPORT UNDER TITLE II OF THE LABOR-MANAGEMENT REPORTING AND
27 DISCLOSURE ACT OF 1959 (PUBLIC LAW 86-257, 29 U.S.C. § 154 ET
28 SEQ.) SHALL MAKE AVAILABLE A COPY OF SUCH REPORT TO THE
29 SECRETARY OF LABOR AND INDUSTRY.
30 (e) (I) All materials and reports filed pursuant to this <--
19850S0180B2234 - 14 -
1 section shall be deemed to be public records and shall be
2 available for public inspection at the Office of the Secretary
3 of Labor and Industry during the usual business hours of the
4 Department of Labor and Industry.
5 (f) (J) Any employe organization which violates the <--
6 provisions of this section or fails to file any required report
7 or affidavit or files a false report or affidavit shall be
8 subject to a fine of not more than two thousand dollars
9 ($2,000).
10 (g) (K) Any person who wilfully violates this section, or <--
11 who makes a false statement knowing it to be false, or who
12 knowingly fails to disclose a material fact shall be fined not
13 more than one thousand dollars ($1,000) or undergo imprisonment
14 for not more than thirty (30) days, or both. Each individual
15 required to sign affidavits or reports under this section shall
16 be personally responsible for filing such report or affidavit
17 and for any statement contained therein he knows to be false.
18 (h) The Commonwealth of Pennsylvania, any board, commission, <--
19 department, agency or instrumentality of the Commonwealth as a
20 public employer, may make an agency shop agreement with an
21 employe organization which is qualified which would require that
22 each employe in an appropriate collective bargaining unit who is
23 not a member of the employe organization shall be required,
24 except as provided herein, as a condition of continued
25 employment, to pay to such organization for the period that it
26 is the exclusive representative, an amount equal to the dues
27 that a member is charged; however, an employe who is a member of
28 and adheres to established and traditional tenents or teachings
29 of a bona fide religion, body or sect which had traditionally
30 held conscientious objections to financially supporting labor
19850S0180B2234 - 15 -
1 organizations shall not be required to make any agency shop
2 payment as a condition of continued employment, but such employe
3 may be required, in lieu of such payment, to pay equivalent sums
4 to a nonreligious charitable fund or organization mutually
5 agreed upon by the employe and the employe organization which is
6 the exclusive representative, or, if agreement is not reached on
7 this matter, to any such fund or organization chosen by the
8 employe. An employe organization is qualified for agency shop if
9 it has established a procedure providing for the refund to any
10 employe so demanding of any part of an agency shop payment that
11 represents the employe's pro rata share of expenditures by the
12 organization for activities or causes of a political or
13 ideological nature unrelated to collective bargaining or terms
14 and conditions of employment.
15 Section 10 9. All acts and parts of acts are repealed <--
16 insofar as they are inconsistent with this act.
17 SECTION 11. (A) EXCEPT AS PROVIDED IN SUBSECTION (B), THE <--
18 PROVISIONS OF THIS ACT ARE SEVERABLE. IF ANY PROVISION OF THIS
19 ACT OR ITS APPLICATION TO ANY PERSON OR CIRCUMSTANCE IS HELD
20 INVALID, THE INVALIDITY SHALL NOT AFFECT OTHER PROVISIONS OR
21 APPLICATIONS OF THIS ACT WHICH CAN BE GIVEN EFFECT WITHOUT THE
22 INVALID PROVISION OR APPLICATION.
23 (B) NOTWITHSTANDING SUBSECTION (A) AND 1 PA.C.S. § 1925
24 (RELATING TO CONSTITUTIONAL CONSTRUCTION OF STATUTES), THE
25 PROVISIONS OF SECTIONS 408.2 AND 2215 JOINTLY ARE MADE EXPRESSLY
26 NONSEVERABLE.
27 Section 11 12. (a) Section 1 of this act shall take effect
28 July 1, 1986, or immediately, whichever is later.
29 (b) The remainder of this act shall take effect immediately.
30 SECTION 10. THIS ACT SHALL TAKE EFFECT IMMEDIATELY. <--
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