PRINTER'S NO. 411
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
371
Session of
2019
INTRODUCED BY MARTIN, MENSCH, FOLMER, PHILLIPS-HILL, ALLOWAY,
DiSANTO, J. WARD AND STEFANO, MARCH 13, 2019
REFERRED TO LABOR AND INDUSTRY, MARCH 13, 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 preliminary provisions,
further providing for definitions; in employee rights,
providing for payments to employee organizations; in scope of
bargaining, providing for collection of payments from
nonmembers; 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 sections to read:
Section 402. (a) A public employer shall notify each
employe in writing that there is no statutory obligation by
employes to make any payments to the employe organization that
serves as the employe's exclusive representative. The notice
shall specify the following:
(1) A payment shall not be made to the employe organization
unless the employe affirmatively consents to make the payment.
(2) A payment to the employe organization shall not be
necessary to maintain employment.
(3) If the employe agrees to make a payment to the employe
organization, the payment shall be made directly to the employe
organization and not through a wage deduction.
(b) The notice required under subsection (a) shall be made
biannually and may be made electronically.
(c) Prior to the hiring of a new public employe, the public
employer, when applicable, shall notify the applicant of the
following:
(1) It is not a condition of employment with the public
employer for the applicant to become a member of the employe
organization that serves as the exclusive representative of the
collective bargaining unit.
(2) The applicant may opt to be a nonmember. As a nonmember,
there is no statutory obligation to make any payments to the
employe organization.
Section 707. A public employer may not collect through a
wage deduction any form of payment from a nonmember to an
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employe 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), 402 and 707 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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