AN ACT

 

1Amending the act of July 23, 1970 (P.L.563, No.195), entitled
2"An act establishing rights in public employes to organize
3and bargain collectively through selected representatives;
4defining public employes to include employes of nonprofit
5organizations and institutions; providing compulsory
6mediation and fact-finding, for collective bargaining
7impasses; providing arbitration for certain public employes
8for collective bargaining impasses; defining the scope of
9collective bargaining; establishing unfair employe and
10employer practices; prohibiting strikes for certain public
11employes; permitting strikes under limited conditions;
12providing penalties for violations; and establishing
13procedures for implementation," defining "political
14contributions"; further providing for maintenance of
15membership; and providing for membership dues<-; and making 
16related repeals.

17The General Assembly of the Commonwealth of Pennsylvania
18hereby enacts as follows:

19Section 1. Section 301 of act of July 23, 1970 (P.L.563,
20No.195), known as the Public Employe Relations Act, is amended
21by adding <-a paragraph clause to read:

1Section 301. As used in this act:

2* * *

<-3(20) "Political contributions" means any moneys or funds
4appropriated for lobbying; electoral activities; or independent
5expenditures on behalf of, or contributions to, any candidate,
6political party, voter registration campaign or any other
7political or legislative cause.

<-8(20) "Political contribution" means any money or funds 
9appropriated or to be used for: (i) an independent expenditure, 
10as defined in section 1621 of the act of June 3, 1937 (P.L.1333, 
11No.320), known as the "Pennsylvania Election Code"; (ii) a 
12contribution, as defined in section 1621 of the "Pennsylvania 
13Election Code"; (iii) an expenditure, as defined in section 1621 
14of the "Pennsylvania Election Code"; (iv) lobbying, as defined 
15in 65 Pa.C.S. § 13A03 (relating to definitions); (v) a voter 
16registration drive; (vi) a get-out-the vote drive; or (vii) any 
17other electoral, political or legislative purpose.

18Section 2. Section 705 of the act is amended to read:

19Section 705. [Membership dues deductions and maintenance of
20membership are proper subjects] Maintenance of membership is a 
21proper subject of bargaining with the proviso that [as to the
22latter,] the payment of dues and assessments while members[,]
23may be the only requisite employment condition.

24Section 3. The act is amended by adding a section to read:

<-25Section 705.1.  (a) Membership dues deductions and political
26contributions collected by the employer shall not be subject to
27bargaining for public employes covered under this act. Any
28collective bargaining agreement entered into after the effective
29date of this section with public employes shall not contain such
30provisions.

1(b) Employes subject to the conditions of the act of June
224, 1968 (P.L.237, No.111), referred to as the Policemen and
3Firemen Collective Bargaining Act, and public employes subject
4to sections 805, 806 and 1001 shall retain the right to
5collectively bargain for membership dues deductions.

6Section 4. Repeals are as follows:

7(1)  The General Assembly declares that the repeals under
8paragraph (2) are necessary to effectuate this act.

9(2)  The following sections are repealed:

10(i)  Section 2215(c) of the act of April 9, 1929
11(P.L.177, No.175), known as The Administrative Code of
121929.

13(ii) Section 4(a) of the act of June 2, 1993
14(P.L.45, No.15), known as the Public Employee Fair Share
15Fee Law.

<-16Section 705.1. (a) Any collective bargaining agreement
17entered into, renewed or extended on or after the effective date
18of this section shall not contain provisions requiring the
19deduction of political contributions or membership dues
20deductions from a public employe's wages, including, without
21limitation, public school employes covered by the act of March 
2210, 1949 (P.L.30, No.14), known as the "Public School Code of 
231949."

24(b) A public employer shall not deduct from the wages of a
25public employe, including, without limitation, public school
26employes covered by the "Public School Code of 1949," political
27contributions or membership dues deductions, except as required
28by a valid collective bargaining agreement entered into between
29a public employer and a representative of its employes prior to
30the effective date of this subsection.

1(c) The provisions of this section shall not apply to: (i)
2employes of a public employer who are subject to the act of June 
324, 1968 (P.L.237, No.111), referred to as the Policemen and 
4Firemen Collective Bargaining Act; and (ii) employes of a public
5employer who are not permitted to strike pursuant to section
61001.

7Section 4. The provisions of this act are severable. If any
8provision of this act or its application to any person or
9circumstance is held invalid, the invalidity shall not affect
10other provisions or applications of this act which can be given
11effect without the invalid provision or application.

12Section 5. This act shall take effect in 60 days.