CORRECTIVE REPRINT

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY METCALFE, RAPP, CREIGHTON, COX, AUMENT, BEAR, BLOOM, BOYD, CLYMER, CUTLER, DENLINGER, EVERETT, GILLEN, GINGRICH, GRELL, GROVE, HARPER, HELM, HICKERNELL, KAUFFMAN, M. K. KELLER, MAJOR, MALONEY, MILLER, 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

Providing that employment shall not be conditional upon

membership or nonmembership in, nor upon the payment or

nonpayment of money to, a labor organization; and providing

for bargaining, penalties and remedies.

The General Assembly finds that 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. It is therefore declared to be the public policy of this

Commonwealth that 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; that 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; and that 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 agency or employee

representation committee, plan or arrangement in which employees

participate and which exists for the purpose 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 may 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 may 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 may 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.  Bargaining.

Notwithstanding section 606 of the act of July 23, 1970

(P.L.563, No.195), known as the Public Employe Relations Act, or

any other statute to the contrary, an employee organization

acting as an exclusive representative shall owe no duty to, and

shall have no obligation to represent, an employee who is not a

member of the employee organization in any grievance or other

proceeding filed with or against an employer.

Section 5.  Penalty.

A person commits a misdemeanor of the third degree, and

shall, upon conviction, be sentenced to pay a fine of not more

than $1,000 or to imprisonment for not more than six months, or

both, with each day of violation constituting a separate

offense, if the person does any of the following:

(1)  Directly or indirectly places upon any other person

any requirement or compulsion prohibited by this act.

(2)  Makes any agreement, written or oral, express or

implied, to violate paragraph (1).

(3)  Engages in any lockout, layoff, strike, work

stoppage, slowdown, picketing, boycott or other action or

conduct that has the purpose or effect of imposing upon any

person, directly or indirectly, any requirement or compulsion

prohibited by this act.

Section 6.  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

and to damages for any injuries sustained.

Section 7.  Repeals.

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

inconsistent with this act.

Section 8.  Effective date.

This act shall take effect in 60 days.