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House of Representatives
Session of 2017 - 2018 Regular Session


Posted: July 11, 2018 09:05 AM
From: Representative Kate A. Klunk
To: All House members
Subject: Introduction of Legislation to Ensure Public Employees Are Aware of Janus Rights
Please find attached a copy of legislation I will be introducing soon to address changes I believe need to be made to the Public Employe Relations Act (Act 195 of 1970) because of the U.S. Supreme Court’s June 27th decision in the Janus v. AFSCME case. As you may know, the Janus decision overturned the Court’s previous ruling in the 1977 Abood v. Detroit decision which allowed unions to require public employees, who are not union members, to pay a “fair share” fee to public labor unions. In Janus, the Court ruled that requiring a non-consenting employee to pay a fair share fee violates the First Amendment by requiring workers to financially support a union that supports issues they may disagree with. The Janus decision holds that a public employee cannot be forced to pay a fair share fee - or any other money they did not consent to pay - to a public labor union.

My legislation is intended to protect the rights of individuals in a collective bargaining unit who are not members of the representative union (before Janus “fair share fee” payers). My legislation proposes the following four changes to Act 195:
  • Amends the act to require that public employers notify nonunion members, every payday, that any payment they make to a representative union is voluntary and must have affirmative consent of the individual; such notice must also state it is not a condition of employment for nonmembers to make any payment to the union.
  • Amends the act to require that a public employer notify job applicants that being a member of the representative union is not a condition of employment, and that as a nonmember they have no obligation to make any payments to the representative union.
  • Amends the act to prohibit public employers from making any payroll deductions from wages of nonmembers to make voluntary payments to a representative union.
  • Repeals the two Pennsylvania laws that authorized the payment of “fair share fees” by nonmembers (Act 84 of 1988 and Act 15 of 1993)

My legislation deals strictly with the subject area of the Janus decision. It does not affect the ability of public sector unions to continue to collect union dues through payroll deduction for members of the union.

View Attachment

Introduced as HB2571