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PRINTER'S NO. 2346
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2036
Session of
2021
INTRODUCED BY ROTHMAN, HERSHEY, BERNSTINE, HAMM, GROVE, MENTZER,
R. MACKENZIE, SMITH, JONES, JAMES, METCALFE AND ZIMMERMAN,
OCTOBER 29, 2021
REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, OCTOBER 29, 2021
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 employee rights, providing
for conditions of collective bargaining agreement; and, in
scope of bargaining, further providing for maintenance of
membership.
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 402. No collective bargaining agreement entered into
on or after the effective date of this section shall establish
conditions for when a public employe may join or resign from an
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employe organization acting as the exclusive representative of a
unit. This section does not apply to collective bargaining
between a public employer and an employe organization that
primarily consists of corrections officers employed by the
Department of Corrections or a county.
Section 2. Section 705 of the act is amended to read:
Section 705. [Membership] (a) Subject to subsection (b),
membership dues deductions and maintenance of membership are
proper subjects of bargaining with the proviso that as to the
latter, the payment of dues and assessments while members, may
be the only requisite employment condition.
(b) On or after the effective date of this subsection,
maintenance of membership shall not be a proper subject of
bargaining. The following apply:
(1) No collective bargaining agreement entered into on or
after the effective date of this subsection may contain a
provision regarding maintenance of membership.
(2) This subsection does not apply to collective bargaining
between a public employer and an employe organization that
primarily consists of corrections officers employed by the
Department of Corrections or a county.
Section 3. This act shall take effect immediately.
20210HB2036PN2346 - 2 -
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