PRINTER'S NO. 497
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
REFERRED TO STATE GOVERNMENT, FEBRUARY 20, 2015
AN ACT
Providing for protection of paychecks of certain workers, 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.
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. ยง 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.
"Public employer." The Commonwealth, 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. 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
10, 1949 (P.L.30, No.14), known as the Public School Code of
1949, political contributions, fair share fees or membership
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dues, 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
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.
(c) Nonapplicability.--This section shall not apply to:
(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
(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
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Fee Law.
Section 5. Effective date.
This act shall take effect as follows:
(1) Section 3 shall take effect in 60 days.
(2) The remainder of this act shall take effect
immediately.
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