PRINTER'S NO. 984
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
870
Session of
2019
INTRODUCED BY KNOWLES, RYAN, MACKENZIE, METCALFE, B. MILLER,
GLEIM AND SCHEMEL, MARCH 18, 2019
REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, MARCH 18, 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, further
providing for exclusivity and providing for separate
bargaining.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 606 of the act of July 23, 1970 (P.L.563,
No.195), known as the Public Employe Relations Act, is amended
to read:
Section 606. [Representatives] Subject to section 606,
representatives selected by public employes in a unit
appropriate for collective bargaining purposes shall be the
exclusive representative of all the employes in such unit to
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bargain on wages, hours, terms and conditions of employment:
Provided, That any individual employe or a group of employes
shall have the right at any time to present grievances to their
employer and to have them adjusted without the intervention of
the bargaining representative as long as the adjustment is not
inconsistent with the terms of a collective bargaining contract
then in effect: And, provided further, That the bargaining
representative has been given an opportunity to be present at
such adjustment.
Section 2. The act is amended by adding a section to read:
Section 606.1. Public employes who are not members of the
employe organization acting as the exclusive representative of
its members shall have the right to separately bargain on their
wages, hours, terms and conditions of employment if these public
employes notify the public employer, in writing, that they
choose to be excluded from the collective agreement negotiated
by the employe organization. Upon compliance with this section,
all of the following apply:
(1) The employee organization shall have no duty to
represent these public employes in presenting and adjusting any
grievance to the public employer.
(2) The limitations of a collective bargaining agreement
shall not apply to adjustment of grievances for these public
employes.
(3) The employe organization shall not have the opportunity
to be present at such grievance adjustment.
Section 3. The amendment or addition of sections 606 and
606.1 of the act shall apply to collective bargaining agreements
entered into or renewed on or after the effective date of this
section.
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Section 4. This act shall take effect in 60 days.
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