THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY M. WHITE, FOLMER, YAW, WAUGH, BRUBAKER, PICCOLA, VANCE, SMUCKER, EARLL AND EICHELBERGER, APRIL 30, 2010

REFERRED TO LABOR AND INDUSTRY, APRIL 30, 2010  

AN ACT

Prohibiting employers from making employment conditional on

certain labor organization status; and providing remedies and

penalties.

The General Assembly finds and declares as follows:

(1)  To require a person to be a member of or not to be a

member of a private organization as a compulsory condition of

work or employment is not in accord with fundamental

principles of individual liberty and freedom of choice.

(2)  It is the public policy of this Commonwealth that:

(i)  Membership or nonmembership in a labor union

should not be made a condition of the opportunity to work

or to be or remain in the employment of any employer.

(ii)  Employees should have the right to form, join,

continue membership in or assist labor organizations and

should equally have the right to refrain from forming,

joining, continuing membership in or assisting labor

organizations.

(iii)  Any agreement, express or implied, between

employers and labor organizations, or any practice

whatsoever, which directly or indirectly makes membership

or nonmembership in a labor organization or support or

nonsupport of a labor organization a condition of

employment or continued employment is a violation of

individual liberty and freedom and is against the public

policy of this Commonwealth.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Short title.

This act shall be known and may be cited as the Freedom of

Employment Act.

Section 2.  Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Labor organization."  An organization, or an agency or

employee representation committee, plan or arrangement in which

employees participate and which exists for the purpose, in whole

or in part, of dealing with employers concerning grievances,

labor disputes, wages, rates of pay, hours of employment or

conditions of work.

"Person."  An individual or a corporation, association,

company, firm or labor organization.

Section 3.  Prohibited conditions of employment.

(a)  Membership.--No person shall be required to become or

remain a member of a labor organization as a condition of

employment or continuation of employment.

(b)  Abstention from membership.--No person shall be required

to abstain or refrain from membership in a labor organization as

a condition of employment or continuation of employment.

(c)  Dues, fees and charges.--No person shall be required to

pay or refrain from paying any dues, fees or other charges of

any kind to a labor organization as a condition of employment or

continuation of employment.

Section 4.  Penalty.

A person who directly or indirectly imposes on another person

any requirement or compulsion prohibited by this act, or who

makes any agreement, written or oral, express or implied, to do

so, or who engages in any lockout, layoff, strike, work

stoppage, slowdown, picketing, boycott or other action or

conduct, the purpose or effect of which is to impose on any

person directly or indirectly any requirement or compulsion

prohibited by this act commits a misdemeanor of the third

degree, punishable by a fine of not more than $1,000 or a term

of imprisonment of not more than six months, or both. Each day

of continued violation shall constitute a separate offense.

Section 5.  Injunctive relief.

Notwithstanding any other law to the contrary, a person

injured or threatened with injury by any action or conduct

prohibited by this act shall be entitled to injunctive relief

therefrom and to damages for any injuries sustained.

Section 6.  Repeals.

All acts and parts of acts are repealed insofar as they are

inconsistent with this act.

Section 7.  Effective date.

This act shall take effect in 60 days.