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                                                      PRINTER'S NO. 1664

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 151 Session of 2007


        INTRODUCED BY RAPP, METCALFE, CREIGHTON, ROHRER, BENNINGHOFF,
           CLYMER, CUTLER, EVERETT, FAIRCHILD, GINGRICH, GRELL, HARPER,
           HERSHEY, HICKERNELL, KAUFFMAN, M. KELLER, MAJOR, R. MILLER,
           NAILOR, REICHLEY, ROAE, SAYLOR, SCHRODER, STEIL, SWANGER,
           TRUE, BOYD, BEAR AND DENLINGER, MAY 24, 2007

        REFERRED TO COMMITTEE ON LABOR RELATIONS, MAY 24, 2007

                                     AN ACT

     1  Amending the act of April 9, 1929 (P.L.177, No.175), entitled
     2     "An act providing for and reorganizing the conduct of the
     3     executive and administrative work of the Commonwealth by the
     4     Executive Department thereof and the administrative
     5     departments, boards, commissions, and officers thereof,
     6     including the boards of trustees of State Normal Schools, or
     7     Teachers Colleges; abolishing, creating, reorganizing or
     8     authorizing the reorganization of certain administrative
     9     departments, boards, and commissions; defining the powers and
    10     duties of the Governor and other executive and administrative
    11     officers, and of the several administrative departments,
    12     boards, commissions, and officers; fixing the salaries of the
    13     Governor, Lieutenant Governor, and certain other executive
    14     and administrative officers; providing for the appointment of
    15     certain administrative officers, and of all deputies and
    16     other assistants and employes in certain departments, boards,
    17     and commissions; and prescribing the manner in which the
    18     number and compensation of the deputies and all other
    19     assistants and employes of certain departments, boards and
    20     commissions shall be determined," further providing for the
    21     fair share fee for employees of public employers.

    22     The General Assembly of the Commonwealth of Pennsylvania
    23  hereby enacts as follows:
    24     Section 1.  The definitions of "public employer" and "school
    25  entity" in section 2215(a) of the act of April 9, 1929 (P.L.177,
    26  No.175), known as The Administrative Code of 1929, added July

     1  13, 1988 (P.L.493, No.84), are amended to read:
     2     Section 2215.  Fair Share Fee; Payroll Deduction.--(a)  As
     3  used in this section, the following words and phrases shall have
     4  the meanings given to them in this subsection:
     5     * * *
     6     "Public employer" shall mean the Commonwealth of
     7  Pennsylvania. [or a school entity.
     8     "School entity" shall mean any school district, intermediate
     9  unit or vocational-technical school.]
    10     * * *
    11     Section 2.  (a)  No collective bargaining agreement made by a
    12  school district, intermediate unit or vocational-technical
    13  school after the effective date of this section nor any
    14  extension of an existing collective bargaining agreement made by
    15  a school district, intermediate unit or vocational-technical
    16  school after the effective date of this section may require
    17  payment of a fair share fee to the exclusive representative by a
    18  nonmember of the exclusive representative.
    19     (b)  Notwithstanding the provisions of section 606 of the act
    20  of July 23, 1970 (P.L.563, No.195), known as the Public Employe
    21  Relations Act, or any other law to the contrary, an employee
    22  organization acting as an exclusive representative in any school
    23  district, intermediate unit or vocational-technical school shall
    24  owe no duty to and shall have no obligation to represent any
    25  employee of a school district, intermediate unit or vocational-
    26  technical school who is not a member of the employee
    27  organization in any grievance or other proceeding filed with or
    28  against the school district, intermediate unit or vocational-
    29  technical school.
    30     Section 3.  This act shall take effect immediately.
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