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Senate of Pennsylvania
Session of 2019 - 2020 Regular Session


Posted: December 4, 2018 02:57 PM
From: Senator Scott Martin
To: All Senate members
Subject: Notice of Employee Rights
Soon I will be introducing legislation to amend the Public Employe Relations Act (Act 195 of 1970) as a result of the U.S. Supreme Court’s decision in the Janus v. AFSCME case. 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. Therefore, 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.

In addition to repealing two Pennsylvania laws that authorized the payment of fair share fees by nonmembers (Act 84 of 1988 and Act 15 of 1993), this legislation proposes the following changes to Act 195:
  • Amends the Act to require that public employers biannually notify all employees that any payment they make to a representative union is voluntary, consensual and is not a condition of employment.
  • Amends the Act to require that a public employer notify job applicants that being a member of the representative union is optional and is not a condition of employment.
  • Amends the Act to prohibit public employers from making any payroll deductions from wages of nonmembers for payments to a representative union.

Introduced as SB371