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PRINTER'S NO. 2216
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1399
Session of
2015
INTRODUCED BY EICHELBERGER, SCARNATI, FOLMER, WHITE, WAGNER,
AUMENT AND ALLOWAY, OCTOBER 26, 2016
REFERRED TO STATE GOVERNMENT, OCTOBER 26, 2016
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," repealing the definition of
"maintenance of membership"; and further providing for
employee rights and the scope of collective bargaining and
for membership dues deductions.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 301(18), 401 and 705 of the act of July
23, 1970 (P.L.563, No.195), known as the Public Employe
Relations Act, are amended to read:
Section 301. As used in this act:
* * *
(18) ["Maintenance of membership" means that all employes
who have joined an employe organization or who join the employe
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organization in the future must remain members for the duration
of a collective bargaining agreement so providing with the
proviso that any such employe or employes may resign from such
employe organization during a period of fifteen days prior to
the expiration of any such agreement.] (Reserved).
* * *
Section 401. (a) It shall be lawful for public employes to
organize, form, join or assist in employe organizations or to
engage in lawful concerted activities for the purpose of
collective bargaining or other mutual aid and protection or to
bargain collectively through representatives of their own free
choice and such employes shall also have the right to refrain
from any or all such activities[, except as may be required
pursuant to a maintenance of membership provision in a
collective bargaining agreement].
(b) Except as required by a collective bargaining agreement
entered into prior to the effective date of this section, all
public employes who have joined an employe organization may
resign from such employe organization by doing so in writing at
any time and become a nonmember, as defined in section 2 of the
act of June 2, 1993 (P.L.45, No.15), known as the Public
Employee Fair Share Fee Law, at any time.
Section 705. [Membership dues deductions and maintenance of
membership are proper subjects] The deduction of membership dues
is a proper subject of bargaining with the proviso that [as to
the latter,] the payment of dues and assessments while
members[,] may be the only requisite employment condition.
Section 2. This act shall take effect in 30 days.
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