THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY CREIGHTON, COX, METCALFE, RAPP, AUMENT, BEAR, BENNINGHOFF, BLOOM, BOYD, CUTLER, DENLINGER, EVERETT, GILLEN, GINGRICH, GRELL, GROVE, HICKERNELL, KAUFFMAN, MAJOR, MALONEY, MILLER, MILNE, MOUL, OBERLANDER, REICHLEY, ROAE, ROCK, SAYLOR, SCHRODER, SIMMONS, STEVENSON, SWANGER AND TALLMAN, 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," eliminating authority for

the fair share fee for employees of Commonwealth entities;

and relieving certain employee organizations of certain

duties and obligations.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  The definitions of "Commonwealth" and "public

employer" in section 2215 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:

* * *

["Commonwealth" shall mean the Commonwealth of Pennsylvania,

including any board, commission, department, agency or

instrumentality of the Commonwealth.]

* * *

"Public employer" shall mean [the Commonwealth of

Pennsylvania or] a school entity.

* * *

Section 2.  (a)  No collective bargaining agreement made

after the effective date of this section by any Commonwealth

entity as formerly defined in section 2215 of the act nor any

extension of an existing collective bargaining agreement made

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

Commonwealth entity shall owe no duty to and shall have no

obligation to represent any 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.