PRINTER'S NO. 466
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
478
Session of
2019
INTRODUCED BY GROVE, RYAN, GLEIM, ZIMMERMAN, DUSH, JONES AND
KEEFER, FEBRUARY 12, 2019
REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, FEBRUARY 12, 2019
AN ACT
Amending the act of July 23, 1970 (P.L.563, No.195), entitled
"An act establishing rights in public employes to organize
and bargain collectively through selected representatives;
defining public employes to include employes of nonprofit
organizations and institutions; providing compulsory
mediation and fact-finding, for collective bargaining
impasses; providing arbitration for certain public employes
for collective bargaining impasses; defining the scope of
collective bargaining; establishing unfair employe and
employer practices; prohibiting strikes for certain public
employes; permitting strikes under limited conditions;
providing penalties for violations; and establishing
procedures for implementation," in representation, providing
for recertification.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of July 23, 1970 (P.L.563, No.195), known
as the Public Employe Relations Act, is amended by adding a
section to read:
Section 608. (a) The board shall conduct periodic
recertification elections using a secret ballot vote among the
public employes in a collective bargaining unit to determine if
the majority of the employes desire to continue representation.
(b) Recertification elections under subsection (a) shall be
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conducted in accordance with the following schedule:
(1) The initial recertification election shall be conducted
in the period between six years after acquiring representation
and seven years after acquiring representation.
(2) If more than six years have elapsed since acquiring
representation, the board shall conduct a recertification
election within two years after the effective date of this
section.
(3) Subsequent recertification elections shall be conducted
in the period between six years after a recertification election
and seven years after a recertification election, with the time
frame tolled from the date of the recertification election.
(c) If a majority of the public employes in the collective
bargaining unit who vote in the recertification election under
subsection (a) determines not to continue representation, the
current representative's duties, including collection of dues,
fees and grievance arbitration, shall terminate, provided that
the collective bargaining agreement shall remain in effect with
respect to wages, hours and conditions of employment.
(d) If public employes vote to end representation under
subsection (c), a period of at least two years must elapse
before any representative may initiate a petition under this
article to become a certified representative of the public
employes.
Section 2. This act shall take effect in 60 days.
20190HB0478PN0466 - 2 -
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