Regular Session 2015-2016 Senate Bill 0501 P.N. 1315

PRIOR PRINTER'S NO. 497

PRINTER'S NO. 1315

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

501

Session of

2015

INTRODUCED BY EICHELBERGER, SCARNATI, BARTOLOTTA, YAW, AUMENT,

CORMAN, FOLMER, WHITE, SMUCKER, HUTCHINSON, STEFANO, ALLOWAY,

VULAKOVICH, GORDNER, MENSCH AND WAGNER, FEBRUARY 20, 2015

AS AMENDED ON THIRD CONSIDERATION, OCTOBER 13, 2015

AN ACT

Providing for protection of paychecks of certain workers, AND

for the collection of membership dues and political

contributions; and repealing certain provisions of The

Administrative Code of 1929 and the Public Employee Fair

Share Fee Law.

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 Protection of

Employee Wages Act OR MARY'S LAW.

Section 2. Public policy.

The General Assembly finds and declares that it is the public

policy of this Commonwealth and the purpose of this act to

promote orderly and constructive relationships between employers

and their employees and that this overall policy may be

accomplished, at least in part, by ensuring public employers do

not collect money intended for political or other inappropriate

purposes from the wages of public employees.

Section 3. Definitions.

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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:

"Employee organization." An organization of any kind, or any

agency or employee representation committee or plan in which

membership includes public employees, and which exists for the

purpose, in whole or in part, of dealing with employers

concerning grievances, employee-employer disputes, wages, rates

of pay, hours of employment or conditions of work. The term does

not include an organization which practices discrimination in

membership because of race, color, creed, national origin or

political affiliation.

"Fair share fee." The regular membership dues required of

members of an employee organization acting as 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 employee organization

as exclusive representative. This definition shall stand 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 Law.

"Management level employee." An individual who is involved

directly in the determination of policy or who responsibly

directs the implementation of policy. The term includes an

employee above the first level of supervision.

"Political contribution." Money or funds appropriated to be

used for:

(1) a contribution, as defined in section 1621 of the

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act of June 3, 1937 (P.L.1333, No.320), known as the

Pennsylvania Election Code;

(2) an independent expenditure, as defined in section

1621 of the Pennsylvania Election Code;

(3) an expenditure, as defined in section 1621 of the

Pennsylvania Election Code;

(4) lobbying, as defined in 65 Pa.C.S. § 13A03 (relating

to definitions);

(5) a voter registration drive;

(6) a get-out-the-vote drive; or

(7) any other electoral, political or legislative

purpose.

"Public employee." An individual employed by a public

employer. The term does not include an elected official,

appointee of the Governor with the advice and consent of the

Senate as required by law, management level employee or any

employee covered under the act of June 24, 1968 (P.L.237,

No.111), referred to as the Policemen and Firemen Collective

Bargaining Act., INCLUDING A PUBLIC SCHOOL EMPLOYEE UNDER THE

ACT OF MARCH 10, 1949 (P.L.30, NO.14), KNOWN AS THE PUBLIC

SCHOOL CODE OF 1949.

"Public employer." The Commonwealth, A POLITICAL

SUBDIVISION, a school district, and any officer, board,

commission, agency, authority or other instrumentality thereof.

"Wages." Hourly rates of pay, salary or other form of

compensation due to an employee for services rendered.

Section 3 4. Protection of public employee wages.

(a) Paycheck protection.--A public employer may not deduct

from the wages of a public employee, including, without

limitation, public school employees covered by the act of March

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10, 1949 (P.L.30, No.14), known as the Public School Code of

1949, political contributions, fair share fees or membership

dues, MONEY OR FUNDS TO BE USED FOR POLITICAL CONTRIBUTIONS,

except as required by a valid collective bargaining agreement

entered into between a public employer and a representative of

its employees prior to the effective date of this section.

(b) Collective bargaining.--A collective bargaining THIS

SECTION. NO INDIVIDUAL OR ORGANIZATION SHALL SEEK TO HAVE A

POLITICAL CONTRIBUTION DEDUCTED FROM THE WAGES OF A PUBLIC

EMPLOYEE. A COLLECTIVE BARGAINING agreement entered into,

renewed or extended on or after the effective date of this

section shall not contain provisions authorizing or requiring

the deduction of political contributions., fair share fees or

membership dues deductions from a public employee's wages,

including, without limitation, public school employees covered

by the Public School Code of 1949.

(1) employees of a public employer who are not permitted

to strike pursuant to section 1001 of the act of July 23,

1970 (P.L.563, No.195), known as the Public Employe Relations

Act; or

(2) employees of a public employer who are subject to

the act of June 24, 1968 (P.L.237, No.111), referred to as

the Policemen and Firemen Collective Bargaining Act.

Section 4. Repeals.

Repeals are as follows:

(1) The General Assembly declares that the repeals under

paragraph (2) are necessary to effectuate this act.

(2) The following sections are repealed:

(i) Section 2215(c) of the act of April 9, 1929

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(P.L.177, No.175), known as The Administrative Code of

1929.

(ii) Section 4(a) of the act of June 2, 1993

(P.L.45, No.15), known as the Public Employee Fair Share

Fee Law.

(B) APPLICABILITY.--NOTHING IN THIS SECTION SHALL BE

CONSTRUED TO PRECLUDE A PUBLIC EMPLOYER FROM:

(1) DEDUCTING A DESIGNATED AMOUNT FOR A CHARITABLE

CONTRIBUTION EXPRESSLY AUTHORIZED BY AN EMPLOYEE; OR

(2) IF REQUIRED TO DO SO BY A COLLECTIVE BARGAINING

AGREEMENT ENTERED INTO WITH A REPRESENTATIVE OF ITS

EMPLOYEES, DEDUCTING FROM THE WAGES OF AN EMPLOYEE

ORGANIZATION MEMBER AN AMOUNT EQUAL TO, BUT NOT GREATER THAN,

A "FAIR SHARE FEE" AS DEFINED IN SECTION 2215(A) OF THE ACT

OF APRIL 9, 1929 (P.L.177, NO.175), KNOWN AS THE

ADMINISTRATIVE CODE OF 1929, AND SECTION 2 OF THE ACT OF JUNE

2, 1993 (P.L.45, NO.15), KNOWN AS THE PUBLIC EMPLOYEE FAIR

SHARE FEE LAW.

Section 5. Effective date.

This act shall take effect as follows:

(1) Section 3 4 shall take effect in 60 days.

(2) The remainder of this act shall take effect

immediately.

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