THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY M. WHITE, PICCOLA, VANCE, EICHELBERGER, FOLMER, WAUGH, BRUBAKER, EARLL AND YAW, SEPTEMBER 20, 2011

REFERRED TO LABOR AND INDUSTRY, SEPTEMBER 20, 2011  

AN ACT

Repealing the act of June 2, 1993 (P.L.45, No.15), entitled "An

act requiring public employees who are not members of a

collective bargaining unit to contribute a fair share fee;

establishing payment, notice, objection and reporting

procedures; and imposing penalties," relieving certain

employee organizations of certain duties and obligations.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  The act of June 2, 1993 (P.L.45, No.15), known as

the Public Employee Fair Share Fee Law, is repealed:

[AN ACT

Requiring public employees who are not members of a collective

bargaining unit to contribute a fair share fee; establishing

payment, notice, objection and reporting procedures; and

imposing penalties.

Section 1.  Short title.

This act shall be known and may be cited as the Public

Employee Fair Share Fee Law.

Section 2.  Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Bona fide religious objection."  An objection to the payment

of a fair share fee based upon the tenets or teachings of a bona

fide church or religious body of which the employee is a member.

"Employee organization."  An organization of any kind or any

agency or employee representation committee or plan in which

membership includes public employees and which exists for the

purpose, in whole or in part, of dealing with employers

concerning grievances, employee-employer disputes, wages, rates

of pay, hours of employment or conditions of work. The term does

not include any organization which practices discrimination in

membership because of race, gender, color, creed, national

origin or political affiliation.

"Exclusive representative."  The employee organization

selected by the employees of a public employer to represent them

for purposes of collective bargaining pursuant to the act of

July 23, 1970 (P.L.563, No.195), known as the Public Employe

Relations Act.

"Fair share fee."  The regular membership dues required of

members of the exclusive representative, less the cost for the

previous fiscal year of its activities or undertakings which

were not reasonably employed to implement or effectuate the

duties of the employee organization as exclusive representative.

"Nonmember."  A public employer's employee who is not a

member of the exclusive representative but who is represented in

a collective bargaining unit by the exclusive representative for

purposes of collective bargaining.

"Political subdivision."  A city, county, borough,

incorporated town, township, institution district or any newly

created governmental unit.

"Public employer."  All political subdivisions of the

Commonwealth. The term shall include "community college" as

defined in section 1901-A of the act of March 10, 1949 (P.L.30,

No.14), known as the Public School Code of 1949.

"Statewide employee organization."  The Statewide affiliated

parent organization of an exclusive representative, or an

exclusive representative representing employees Statewide, which

is receiving nonmember fair share payments.

Section 3.  Fair share fee.

If the provisions of a collective bargaining agreement so

provide, each nonmember of a collective bargaining unit shall be

required to pay to the exclusive representative a fair share

fee.

Section 4.  Procedure.

(a)  Deduction by employer.--To implement fair share

agreements in accordance with section 3, the exclusive

representative shall provide the public employer with the name

of each nonmember who is obligated to pay a fair share fee, the

amount of the fee that he is obligated to pay and a reasonable

schedule for deducting the amount from the salary or wages of

the nonmember. The public employer shall deduct the fee in

accordance with the schedule and promptly transmit the amount

deducted to the exclusive representative.

(b)  Annual notice.--As a precondition to the collection of

fair share fees, the exclusive representative shall establish

and maintain a full and fair procedure, consistent with

constitutional requirements, that provides nonmembers, by way of

annual notice, with sufficient information to gauge the

propriety of the fee and that responds to challenges by

nonmembers to the amount of the fee. The procedure shall provide

for an impartial hearing before an arbitrator to resolve

disputes regarding the amount of the chargeable fee. A public

employer shall not refuse to carry out its obligations under

subsection (a) on the grounds that the exclusive representative

has not satisfied its obligation under this subsection.

Section 5.  Objection to fee.

(a)  Grounds.--Within 40 days of transmission of notice under

section 4, any nonmember may challenge the fee based upon:

(1)  The propriety of the fair share fee.

(2)  Bona fide religious grounds.

(b)  Procedure.--Any objection under subsection (a) shall be

made in writing to the exclusive representative and shall state

whether the objection is made on the grounds set forth in

subsection (a).

(c)  Challenge to propriety of fee.--If a challenge is made

under subsection (a)(1), the challenge shall be resolved, along

with all similar challenges, by an impartial arbitrator, paid

for by the exclusive representative and selected by the American

Arbitration Association or the Federal Mediation and

Conciliation Service pursuant to the Rules for Impartial

Determination of Union Fees promulgated by the American

Arbitration Association. This subsection does not preclude a

constitutional challenge being filed in a court of competent

jurisdiction.

(d)  Challenge based upon religious grounds.--If a challenge

is made under subsection (a)(2), the objector shall provide the

exclusive representative with verification that the challenge is

based on bona fide religious grounds. If the exclusive

representative accepts the verification, the challenging

nonmember shall pay the equivalent of the fair share fee to a

nonreligious charity agreed upon by the nonmember and the

exclusive representative. If the exclusive representative

rejects the verification because it is not based on bona fide

religious grounds, the challenging nonmember may challenge that

determination within 40 days from receipt of notification.

(e)  Escrow account.--If a challenge is made under subsection

(a), the exclusive representative shall place each challenged

fair share fee into an interest-bearing escrow account until the

challenge is resolved by an arbitrator.

Section 6.  Reports.

Every Statewide employee organization required to submit a

report under Title II of the Labor-Management Reporting and

Disclosure Act of 1959 (Public Law 86-257, 29 U.S.C. § 401 et

seq.) shall make available to the Secretary of Labor and

Industry a copy of such report.

Section 7.  Public records.

All materials and reports filed pursuant to this act shall be

deemed to be public records and shall be available for public

inspection at the Office of the Secretary of Labor and Industry

during the usual business hours of the Department of Labor and

Industry.

Section 8.  Penalties.

(a)  Violations by organization.--An employee organization

which violates any provision of this act or fails to file any

required report or affidavit or files a false report or

affidavit commits a summary offense subject to a fine of not

more than $2,000.

(b)  Violation by individuals.--An individual who willfully

violates this act or who makes a false statement knowing it to

be false or who knowingly fails to disclose a material fact

commits a summary offense subject to a fine of not more than

$1,000 or imprisonment for not more than 30 days, or both. Each

individual required to sign affidavits or reports under this act

shall be personally responsible for filing such reports or

affidavits and for any statement contained therein he knows to

be false.

Section 9.  Severability.

The provisions of this act are severable. If any provision of

this act or its application to any person or circumstance is

held invalid, the invalidity shall not affect other provisions

or applications of this act which can be given effect without

the invalid provision or application.

Section 10.  Repeals.

Sections 401 and 705 of the act of July 23, 1970 (P.L.563,

No.195), known as the Public Employe Relations Act, are repealed

insofar as they are inconsistent with this act.

Section 11.  Effective date.

This act shall take effect immediately.]

Section 2.  (1)  No collective bargaining agreement made

after the effective date of this section by a political

subdivision nor an extension of an existing collective

bargaining agreement made after the effective date of this

section by a political subdivision may require payment of a

fair share fee to the exclusive representative by a nonmember

of the exclusive representative.

(2)  Notwithstanding the provisions of section 606 of the

act of July 23, 1970 (P.L.563, No.195), known as the Public

Employe Relations Act, or any other law to the contrary, an

employee organization acting as an exclusive representative

shall owe no duty and shall have no obligation to represent a

public employee who is not a member of the employee

organization in any grievance or other proceeding filed with

or against a public employer.

Section 3.  This act shall take effect immediately.