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

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," in powers and duties of

Department of Labor and Industry, eliminating authority for

the fair share fee for employees of school 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 "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.  (1)  No collective bargaining agreement made

after the effective date of this section by any school entity as

formerly defined under 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.

(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 in any school

entity shall owe no duty to and shall have no obligation to

represent any employee of a school entity who is not a member of

the employee organization in any grievance or other proceeding

filed with or against a school entity.

Section 3.  This act shall take effect immediately.