PRINTER'S NO. 1081
No. 837 Session of 2005
INTRODUCED BY M. WHITE, PICCOLA, VANCE, PUNT, MADIGAN, CORMAN, WENGER, WAUGH, THOMPSON AND ARMSTRONG, JULY 25, 2005
REFERRED TO LABOR AND INDUSTRY, JULY 25, 2005
AN ACT 1 Prohibiting employers from making employment conditional on 2 certain labor organization status; and providing remedies and 3 penalties. 4 The General Assembly finds and declares as follows: 5 (1) To require a person to be a member of or not to be a 6 member of a private organization as a compulsory condition of 7 work or employment is not in accord with fundamental 8 principles of individual liberty and freedom of choice. 9 (2) It is the public policy of this Commonwealth that: 10 (i) Membership or nonmembership in a labor union 11 should not be made a condition of the opportunity to work 12 or to be or remain in the employment of any employer. 13 (ii) Employees should have the right to form, join, 14 continue membership in or assist labor organizations and 15 should equally have the right to refrain from forming, 16 joining, continuing membership in or assisting labor 17 organizations. 18 (iii) Any agreement, express or implied, between
1 employers and labor organizations, or any practice 2 whatsoever, which directly or indirectly makes membership 3 or nonmembership in a labor organization or support or 4 nonsupport of a labor organization a condition of 5 employment or continued employment is a violation of 6 individual liberty and freedom and is against the public 7 policy of this Commonwealth. 8 The General Assembly of the Commonwealth of Pennsylvania 9 hereby enacts as follows: 10 Section 1. Short title. 11 This act shall be known and may be cited as the Freedom of 12 Employment Law. 13 Section 2. Definitions. 14 The following words and phrases when used in this act shall 15 have the meanings given to them in this section unless the 16 context clearly indicates otherwise: 17 "Labor organization." An organization, or an agency or 18 employee representation committee, plan or arrangement in which 19 employees participate and which exists for the purpose, in whole 20 or in part, of dealing with employers concerning grievances, 21 labor disputes, wages, rates of pay, hours of employment or 22 conditions of work. 23 "Person." An individual or a corporation, association, 24 company, firm or labor organization. 25 Section 3. Prohibited conditions of employment. 26 (a) Membership.--No person shall be required to become or 27 remain a member of a labor organization as a condition of 28 employment or continuation of employment. 29 (b) Abstention from membership.--No person shall be required 30 to abstain or refrain from membership in a labor organization as 20050S0837B1081 - 2 -
1 a condition of employment or continuation of employment. 2 (c) Dues, fees and charges.--No person shall be required to 3 pay or refrain from paying any dues, fees or other charges of 4 any kind to a labor organization as a condition of employment or 5 continuation of employment. 6 Section 4. Penalty. 7 A person who directly or indirectly places upon another 8 person any requirement or compulsion prohibited by this act, or 9 who makes any agreement, written or oral, express or implied, to 10 do so, or who engages in any lockout, layoff, strike, work 11 stoppage, slowdown, picketing, boycott or other action or 12 conduct, the purpose or effect of which is to impose upon any 13 person directly or indirectly any requirement or compulsion 14 prohibited by this act commits a misdemeanor of the third 15 degree, punishable by a fine of not more than $1,000 or a term 16 of imprisonment of not more than six months, or both. Each day 17 of continued violation shall constitute a separate offense. 18 Section 5. Injunctive relief. 19 Notwithstanding any other law to the contrary, a person 20 injured or threatened with injury by any action or conduct 21 prohibited by this act shall be entitled to injunctive relief 22 therefrom and to damages for any injuries sustained. 23 Section 6. Repeals. 24 All acts and parts of acts are repealed insofar as they are 25 inconsistent with this act. 26 Section 7. Effective date. 27 This act shall take effect in 60 days. B23L43DMS/20050S0837B1081 - 3 -