PRINTER'S NO. 1604
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
50
Session of
2017
INTRODUCED BY METCALFE, RAPP, F. KELLER, BLOOM, KNOWLES,
KAUFFMAN, EVERETT, RYAN, WARD, MACKENZIE, HICKERNELL,
SCHEMEL, TALLMAN, McGINNIS, SAYLOR, IRVIN, GROVE, MENTZER,
B. MILLER, LAWRENCE, ZIMMERMAN AND KEEFER, MAY 1, 2017
REFERRED TO COMMITTEE ON STATE GOVERNMENT, MAY 1, 2017
AN ACT
Providing that employment shall not be conditional upon
membership or nonmembership in, nor upon the payment or
nonpayment of money to, a labor organization; and providing
for penalties and relief.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
The General Assembly finds and declares that to require a
person to be a member of, or not to be a member of, a private
organization as a compulsory condition of work or employment is
not in accordance with fundamental principles of individual
liberty and freedom of choice. It is therefore declared to be
the public policy of this Commonwealth that membership or
nonmembership in a labor union should not be made a condition of
the opportunity to work or to be or remain in the employment of
any employer; that employees should have the right to form,
join, continue membership in or assist labor organizations and
should equally have the right to refrain from forming, joining,
continuing membership in or assisting labor organizations; and
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
that any agreement, express or implied, between employers and
labor organizations, or any practice whatsoever, that directly
or indirectly makes membership or nonmembership in a labor
organization, or support or nonsupport of a labor organization,
a condition of employment or continued employment is a violation
of individual liberty and freedom and is against the public
policy of this Commonwealth.
Section 1. Short title.
This act shall be known and may be cited as the Freedom of
Employment Act.
Section 2. Definitions.
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:
"Labor organization." An organization or agency or employee
representation committee, plan or arrangement in which employees
participate and which exists for the purpose of dealing with
employers concerning grievances, labor disputes, wages, rates of
pay, hours of employment or conditions of work.
"Person." An individual, corporation, association, company,
firm or labor organization.
Section 3. Prohibited conditions of employment.
(a) Membership.--A person may not be required to become or
remain a member of a labor organization as a condition of
employment or continuation of employment.
(b) Abstention from membership.--A person may not be
required to abstain or refrain from membership in a labor
organization as a condition of employment or continuation of
employment.
(c) Dues, fees and charges.--A person may not be required to
20170HB0050PN1604 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
pay or refrain from paying any dues, fees or other charges of
any kind to a labor organization as a condition of employment or
continuation of employment.
Section 4. Penalty.
A person commits a misdemeanor of the third degree, and
shall, upon conviction, be sentenced to pay a fine of not more
than $1,000 or to imprisonment for not more than six months, or
both, with each day of violation constituting a separate
offense, if the person does any of the following:
(1) Directly or indirectly places upon any other person
any requirement or compulsion prohibited by this act.
(2) Makes any agreement, written or oral, express or
implied, to violate paragraph (1).
(3) Engages in any lockout, layoff, strike, work
stoppage, slowdown, picketing, boycott or other action or
conduct that has the purpose or effect of imposing upon any
person, directly or indirectly, any requirement or compulsion
prohibited by this act.
Section 5. Relief.
Notwithstanding any other law to the contrary, a person
injured or threatened with injury by any action or conduct
prohibited by this act shall be entitled to injunctive relief
and to damages for any injuries sustained.
Section 6. Repeals.
All acts and parts of acts are repealed insofar as they are
inconsistent with this act.
Section 7. Effective date.
This act shall take effect in 60 days.
20170HB0050PN1604 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28