PRINTER'S NO. 856
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
785
Session of
2019
INTRODUCED BY KLUNK, RYAN, MOUL, METCALFE, ECKER, KAUFFMAN,
DELOZIER, SCHEMEL, COX, JAMES, GLEIM, DUSH, ZIMMERMAN,
WHEELAND, KEEFER, GROVE, MACKENZIE, B. MILLER, HICKERNELL AND
ROTHMAN, MARCH 11, 2019
REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, MARCH 11, 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," further providing for
definitions; in employee rights, providing for payments to
employee organizations; and making related repeals.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 301 of the act of July 23, 1970 (P.L.563,
No.195), known as the Public Employe Relations Act, is amended
by adding a definition to read:
Section 301. As used in this act:
* * *
(20) "Nonmember" means a public employe in a collective
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bargaining unit who is not a member of the employe organization
that serves as the exclusive representative for the collective
bargaining unit.
Section 2. The act is amended by adding a section to read:
Section 402. (a) A public employer shall notify a nonmember
in writing that there is no statutory obligation by nonmembers
to make any payments to the employe organization that serves as
the nonmember's exclusive representative. The public employer
shall provide the following plain-language notice:
You are not a member of the employe organization (union)
which represents you for the purpose of collective
bargaining. As a nonmember, it is your right to decide
whether you will contribute financially to the employe
organization. Financial contributions to the employe
organization require your affirmative consent, and making a
contribution is not necessary to maintain your employment.
(b) The notice required under subsection (a) shall be made
within thirty days of the effective date of this subsection and
annually thereafter during the month of January. The notice may
be made electronically.
(c) Prior to the hiring of a new public employe or the
hiring of a public employe who returns to work following a break
in service, the public employer, when applicable, shall provide
the following plain-language notice to the applicant or
returning employe:
As a new or returning employe, it is your right to decide
whether you will join the employe organization (union) which
will represent you for the purposes of collective bargaining.
You may join the employe organization or remain a nonmember.
It is not a condition of employment to join the employe
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organization, and there is no obligation to make any payment
to the employe organization if you elect to be a nonmember.
You may contact the employe organization if you want to
discuss the possibility of membership.
(d) The public employer shall provide basic contact
information for the employe organization with the notice under
subsection (c), including the address, telephone number,
publicly accessible Internet website and e-mail address of the
organization.
Section 3. Repeals are as follows:
(1) The General Assembly declares that the repeals under
paragraph (2) are necessary to effectuate the addition of
sections 301(20) and 402 of the act.
(2) The following acts and parts of acts are repealed:
(i) Section 2215 of the act of April 9, 1929
(P.L.177, No.175), known as The Administrative Code of
1929.
(ii) The act of June 2, 1993 (P.L.45, No.15), known
as the Public Employee Fair Share Fee Law, is repealed.
Section 4. This act shall take effect in 30 days.
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