THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY RAPP, CREIGHTON, COX, METCALFE, AUMENT, BEAR, BLOOM, BOYD, CUTLER, DENLINGER, EVERETT, GILLEN, GINGRICH, GRELL, GROVE, HICKERNELL, KAUFFMAN, MAJOR, MALONEY, MILLER, MOUL, OBERLANDER, REICHLEY, ROAE, ROCK, SAYLOR, SCHRODER, SIMMONS, STEVENSON, SWANGER, TALLMAN AND WATSON, APRIL 5, 2011

REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, APRIL 5, 2011  

AN ACT

Amending the act of April 9, 1929 (P.L.177, No.175), entitled

"An act providing for and reorganizing the conduct of the

executive and administrative work of the Commonwealth by the

Executive Department thereof and the administrative

departments, boards, commissions, and officers thereof,

including the boards of trustees of State Normal Schools, or

Teachers Colleges; abolishing, creating, reorganizing or

authorizing the reorganization of certain administrative

departments, boards, and commissions; defining the powers and

duties of the Governor and other executive and administrative

officers, and of the several administrative departments,

boards, commissions, and officers; fixing the salaries of the

Governor, Lieutenant Governor, and certain other executive

and administrative officers; providing for the appointment of

certain administrative officers, and of all deputies and

other assistants and employes in certain departments, boards,

and commissions; and prescribing the manner in which the

number and compensation of the deputies and all other

assistants and employes of certain departments, boards and

commissions shall be determined," further providing for the

fair share fee for employees of public employers.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  The definitions of "public employer" and "school

entity" in section 2215(a) of the act of April 9, 1929 (P.L.177,

No.175), known as The Administrative Code of 1929, added July

13, 1988 (P.L.493, No.84), are amended to read:

Section 2215.  Fair Share Fee; Payroll Deduction.--(a)  As

used in this section, the following words and phrases shall have

the meanings given to them in this subsection:

* * *

"Public employer" shall mean the Commonwealth of

Pennsylvania. [or a school entity.

"School entity" shall mean any school district, intermediate

unit or vocational-technical school.]

* * *

Section 2.  (a)  No collective bargaining agreement made by a

school district, intermediate unit or vocational-technical

school after the effective date of this section nor any

extension of an existing collective bargaining agreement made by

a school district, intermediate unit or vocational-technical

school after the effective date of this section may require

payment of a fair share fee to the exclusive representative by a

nonmember of the exclusive representative.

(b)  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 in any school

district, intermediate unit or vocational-technical school shall

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

employee of a school district, intermediate unit or vocational-

technical school who is not a member of the employee

organization in any grievance or other proceeding filed with or

against the school district, intermediate unit or vocational-

technical school.

Section 3.  This act shall take effect immediately.