PRINTER'S NO. 238
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
238
Session of
2015
INTRODUCED BY CUTLER, EMRICK, EVANKOVICH, KNOWLES, GREINER,
F. KELLER, DUNBAR, KAUFFMAN, OBERLANDER, TOPPER, BLOOM,
McGINNIS, GABLER, MOUL, MUSTIO, TRUITT, DIAMOND, TALLMAN,
DUSH, SACCONE, METCALFE, MENTZER, MALONEY, WHEELAND, EVERETT,
DELOZIER, MARSICO, GROVE, FEE, GRELL, JAMES, SAYLOR,
CHRISTIANA, LAWRENCE, MACKENZIE, MAJOR, HICKERNELL, ZIMMERMAN
AND COX, JANUARY 28, 2015
REFERRED TO COMMITTEE ON STATE GOVERNMENT, JANUARY 28, 2015
AN ACT
Amending the act of July 23, 1970 (P.L.563, No.195), entitled
"An act establishing rights in public employes to organize
and bargain collectively through selected representatives;
defining public employes to include employes of nonprofit
organizations and institutions; providing compulsory
mediation and fact-finding, for collective bargaining
impasses; providing arbitration for certain public employes
for collective bargaining impasses; defining the scope of
collective bargaining; establishing unfair employe and
employer practices; prohibiting strikes for certain public
employes; permitting strikes under limited conditions;
providing penalties for violations; and establishing
procedures for implementation," in public policy, further
providing for declaration of intent; in definitions, further
providing for definitions; and, in scope of bargaining,
further providing for maintenance of membership and
prohibiting collective bargaining agreements from requiring
certain deductions.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 101 of the act of July 23, 1970 (P.L.563,
No.195), known as the Public Employe Relations Act, is amended
to read:
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
Section 101. The General Assembly of the Commonwealth of
Pennsylvania declares that it is the public policy of this
Commonwealth and the purpose of this act to promote orderly and
constructive relationships between all public employers and
their employes subject, however, to the paramount right of the
citizens of this Commonwealth to keep inviolate the guarantees
for their health, safety and welfare. Unresolved disputes
between the public employer and its employes are injurious to
the public and the General Assembly is therefore aware that
adequate means must be established for minimizing them and
providing for their resolution. Within the limitations imposed
upon the governmental processes by these rights of the public at
large and recognizing that harmonious relationships are required
between the public employer and its employes, the General
Assembly has determined that the overall policy may best be
accomplished by (1) granting to public employes the right to
organize and choose freely their representatives; (2) requiring
public employers to negotiate and bargain with employe
organizations representing public employes and to enter into
written agreements evidencing the result of such bargaining;
[and] (3) establishing procedures to provide for the protection
of the rights of the public employe, the public employer and the
public at large[.]; and (4) ensuring public employers do not
collect money intended for political purposes from the wages of
employes. The General Assembly declares that section 301(21) is
in pari materia with the definition of "fair share fee" in
section 2215 of the act of April 9, 1929 (P.L.177, No.175),
known as "The Administrative Code of 1929," and the definition
of "fair share fee" in section 2 of the act of June 2, 1993
(P.L.45, No.15), known as the "Public Employee Fair Share Fee
20150HB0238PN0238 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
Law."
Section 2. Section 301 of the act is amended by adding
clauses to read:
Section 301. As used in this act:
* * *
(20) "Political contribution" means any money or funds
appropriated for any of the following:
(i) A contribution, as defined in section 1621 of the act of
June 3, 1937 (P.L.1333, No.320), known as the "Pennsylvania
Election Code."
(ii) An independent expenditure, as defined in section 1621
of the "Pennsylvania Election Code."
(iii) An expenditure, as defined in section 1621 of the
"Pennsylvania Election Code."
(iv) Lobbying, as defined in 65 Pa.C.S. ยง 13A03 (relating to
definitions).
(v) A voter registration drive.
(vi) A get-out-the-vote drive.
(vii) Any other electoral, political or legislative purpose.
(21) "Fair share fee" means the regular membership dues
required of members of the exclusive representative, less the
cost for the previous fiscal year of its activities or
undertakings which were not reasonably employed to implement or
effectuate the duties of the employe organization as exclusive
representative.
Section 3. Section 705 of the act is amended to read:
Section 705. [Membership dues deductions and maintenance of
membership are proper subjects] Maintenance of membership is a
proper subject of bargaining with the proviso that [as to the
latter,] the payment of dues and assessments while members[,]
20150HB0238PN0238 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
may be the only requisite employment condition.
Section 4. The act is amended by adding a section to read:
Section 705.1. (a) (1) Any collective bargaining agreement
entered into, renewed or extended on or after the effective date
of this section may not contain provisions requiring the
deduction of political contributions or membership dues
deductions from a public employe's wages, including, without
limitation, wages of public school employes covered by the act
of March 10, 1949 (P.L.30, No.14), known as the "Public School
Code of 1949."
(2) Notwithstanding clause (1), this section shall not be
construed to preclude a public employer, if required to do so by
a collective bargaining agreement entered into with a
representative of its employes, from deducting from the wages of
an employe organization member an amount equal to, but not
greater than, a fair share fee . A collective bargaining
agreement may require a public employer to deduct from the wages
of employes and remit to the employe representative an amount
equal to, but not greater than, a fair share fee, which shall be
determined in the manner required by law for the determination
of a fair share fee annually during each year of the agreement.
(b) A public employer may not deduct political contributions
or membership dues from the wages of a public employe, including
public school employes covered by the "Public School Code of
1949," except as required by a valid collective bargaining
agreement entered into between a public employer and a
representative of its employes prior to the effective date of
this subsection.
(c) This section shall not apply to any of the following:
(1) Employes of a public employer who are subject to the act
20150HB0238PN0238 - 4 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
of June 24, 1968 (P.L.237, No.111), referred to as the Policemen
and Firemen Collective Bargaining Act.
(2) Employes of a public employer who are not permitted to
strike pursuant to section 1001.
Section 5. The provisions of this act are severable. If any
provision of this act or its application to any person or
circumstance is held invalid, the invalidity shall not affect
other provisions or applications of this act which can be given
effect without the invalid provision or application.
Section 6. This act shall take effect as follows:
(1) The addition of section 705.1 of the act shall take
effect in 30 days.
(2) The remainder of this act shall take effect
immediately.
20150HB0238PN0238 - 5 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14