PRINTER'S NO. 1631
THE GENERAL ASSEMBLY OF PENNSYLVANIA
INTRODUCED BY KNOWLES, BLOOM, METCALFE, RAPP, F. KELLER, COX, AUMENT, CLYMER, CUTLER, DAY, DENLINGER, EVERETT, GILLEN, GINGRICH, GRELL, GROVE, HAHN, HELM, HICKERNELL, KAUFFMAN, M. K. KELLER, LAWRENCE, MARSICO, MCGINNIS, MILLER, MOUL, REGAN, ROAE, ROCK, SAYLOR, SWANGER AND TALLMAN, APRIL 30, 2013
REFERRED TO COMMITEE ON LABOR AND INDUSTRY, APRIL 30, 2013
1Providing that employment shall not be conditional upon
2membership or nonmembership in, nor upon the payment or
3nonpayment of money to, a labor organization; and providing
4for bargaining, penalties and remedies.
5The General Assembly finds that to require a person to be a
6member of, or not to be a member of, a private organization as a
7compulsory condition of work or employment is not in accord with
8fundamental principles of individual liberty and freedom of
9choice. It is therefore declared to be the public policy of this
10Commonwealth that membership or nonmembership in a labor union
11should not be made a condition of the opportunity to work or to
12be or remain in the employment of any employer; that employees
13should have the right to form, join, continue membership in or
14assist labor organizations and should equally have the right to
15refrain from forming, joining, continuing membership in or
16assisting labor organizations; and that any agreement, express
17or implied, between employers and labor organizations, or any
1practice whatsoever, which directly or indirectly makes
2membership or nonmembership in a labor organization, or support
3or nonsupport of a labor organization, a condition of employment
4or continued employment is a violation of individual liberty and
5freedom and is against the public policy of this Commonwealth.
6The General Assembly of the Commonwealth of Pennsylvania
7hereby enacts as follows:
8Section 1. Short title.
9This act shall be known and may be cited as the Freedom of
11Section 2. Definitions.
12The following words and phrases when used in this act shall
13have the meanings given to them in this section unless the
14context clearly indicates otherwise:
15"Labor organization." An organization or agency or employee
16representation committee, plan or arrangement in which employees
17participate and which exists for the purpose of dealing with
18employers concerning grievances, labor disputes, wages, rates of
19pay, hours of employment or conditions of work.
20"Person." An individual or a corporation, association,
21company, firm or labor organization.
22Section 3. Applicability.
23This act shall apply to private sector unions.
24Section 4. Prohibited conditions of employment.
25(a) Membership.--No person may be required to become or
26remain a member of a labor organization as a condition of
27employment or continuation of employment.
28(b) Abstention from membership.--No person may be required
29to abstain or refrain from membership in a labor organization as
30a condition of employment or continuation of employment.
1(c) Dues, fees and charges.--No person may be required to
2pay or refrain from paying any dues, fees or other charges of
3any kind to a labor organization as a condition of employment or
4continuation of employment.
5Section 5. Penalty.
6A person commits a misdemeanor of the third degree, and
7shall, upon conviction, be sentenced to pay a fine of not more
8than $1,000 or to imprisonment for not more than six months, or
9both, with each day of violation constituting a separate
10offense, if the person does any of the following:
11(1) Directly or indirectly places upon any other person
12any requirement or compulsion prohibited by this act.
13(2) Makes any agreement, written or oral, express or
14implied, to violate paragraph (1).
15(3) Engages in any lockout, layoff, strike, work
16stoppage, slowdown, picketing, boycott or other action or
17conduct that has the purpose or effect of imposing upon any
18person, directly or indirectly, any requirement or compulsion
19prohibited by this act.
20Section 6. Relief.
21Notwithstanding any other law to the contrary, a person
22injured or threatened with injury by any action or conduct
23prohibited by this act shall be entitled to injunctive relief
24and to damages for any injuries sustained.
25Section 19. Repeals.
26All acts and parts of acts are repealed insofar as they are
27inconsistent with this act.
28Section 20. Effective date.
29This act shall take effect in 60 days.