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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY CUTLER, EMRICK, AUMENT, BEAR, BLOOM, BOYD, CHRISTIANA, COX, CREIGHTON, DAY, DENLINGER, GROVE, HICKERNELL, KAUFFMAN, KRIEGER, LAWRENCE, METCALFE, MILLER, MOUL, PERRY, ROAE, SACCONE, SCHRODER, SIMMONS, STERN, SWANGER AND TALLMAN, APRIL 28, 2011 |
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| REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, APRIL 28, 2011 |
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| AN ACT |
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1 | Amending the act of July 23, 1970 (P.L.563, No.195), entitled |
2 | "An act establishing rights in public employes to organize |
3 | and bargain collectively through selected representatives; |
4 | defining public employes to include employes of nonprofit |
5 | organizations and institutions; providing compulsory |
6 | mediation and fact-finding, for collective bargaining |
7 | impasses; providing arbitration for certain public employes |
8 | for collective bargaining impasses; defining the scope of |
9 | collective bargaining; establishing unfair employe and |
10 | employer practices; prohibiting strikes for certain public |
11 | employes; permitting strikes under limited conditions; |
12 | providing penalties for violations; and establishing |
13 | procedures for implementation," further providing for public |
14 | employees organizing, forming, joining or assisting employee |
15 | organizations and for subjects of bargaining for certain |
16 | public employees; and making related repeals. |
17 | The General Assembly of the Commonwealth of Pennsylvania |
18 | hereby enacts as follows: |
19 | Section 1. Sections 401 and 705 of the act of July 23, 1970 |
20 | (P.L.563, No.195), known as the Public Employe Relations Act, |
21 | are amended to read: |
22 | Section 401. It shall be lawful for public employes to |
23 | organize, form, join or assist in employe organizations or to |
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1 | engage in lawful concerted activities for the purpose of |
2 | collective bargaining or other mutual aid and protection or to |
3 | bargain collectively through representatives of their own free |
4 | choice and such employes shall also have the right to refrain |
5 | from any or all such activities[, except as may be required |
6 | pursuant to a maintenance of membership provision in a |
7 | collective bargaining agreement]. |
8 | Section 705. (a) Membership dues deductions and maintenance |
9 | of membership are proper subjects of bargaining for public |
10 | employes subject to the conditions of section 805, 806 and 1001 |
11 | with the proviso that as to the latter, the payment of dues and |
12 | assessments while members, may be the only requisite employment |
13 | condition. |
14 | (b) Membership dues deduction and maintenance of membership |
15 | shall not be subjects of bargaining for other public employes |
16 | covered under this act, provided that collective bargaining |
17 | agreements entered into after the effective date of this |
18 | subsection with such employes shall not contain such provisions. |
19 | Section 2. Repeals are as follows: |
20 | (1) The General Assembly declares that the repeals under |
21 | paragraph (2) are necessary to effectuate this act. |
22 | (2) The following are repealed: |
23 | (i) Section 2215(c) of the act of April 9, 1929 |
24 | (P.L.177, No.175), known as The Administrative Code of |
25 | 1929. |
26 | (ii) Section 4(a) of the act of June 2, 1993 |
27 | (P.L.45, No.15), known as the Public Employee Fair Share |
28 | Fee Law. |
29 | Section 3. This act shall take effect in 60 days. |
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