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PRINTER'S NO. 3171
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2230
Session of
2020
INTRODUCED BY GREINER, RYAN, FEE, MACKENZIE, PYLE, HICKERNELL,
JAMES, KEEFER, MENTZER AND ZIMMERMAN, JANUARY 17, 2020
REFERRED TO COMMITTEE ON STATE GOVERNMENT, JANUARY 17, 2020
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 public policy, further
providing for declaration of purpose; in definitions, further
providing for definitions; in employee rights, providing for
unlawful deductions for political contributions; in scope of
bargaining, providing for prohibited collective bargaining
agreement provisions; and, in judicial review, providing for
additional remedies for certain unfair practices.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 101 of the act of July 23, 1970 (P.L.563,
No.195), known as the Public Employe Relations Act, is amended
to read:
Section 101. The General Assembly of the Commonwealth of
Pennsylvania declares that it is the public policy of this
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Commonwealth and the purpose of this act to promote orderly and
constructive relationships between all public employers and
their employes subject, however, to the paramount right of the
citizens of this Commonwealth to keep inviolate the guarantees
for their health, safety and welfare. Unresolved disputes
between the public employer and its employes are injurious to
the public and the General Assembly is therefore aware that
adequate means must be established for minimizing them and
providing for their resolution. Within the limitations imposed
upon the governmental processes by these rights of the public at
large and recognizing that harmonious relationships are required
between the public employer and its employes, the General
Assembly has determined that the overall policy may best be
accomplished by (1) granting to public employes the right to
organize and choose freely their representatives; (2) requiring
public employers to negotiate and bargain with employe
organizations representing public employes and to enter into
written agreements evidencing the result of such bargaining;
[and] (3) establishing procedures to provide for the protection
of the rights of the public employe, the public employer and the
public at large[.]; and (4) ensuring public employers do not
collect money intended for political purposes from the wages of
employes.
Section 2. Section 301 of the act is amended by adding a
clause to read:
Section 301. As used in this act:
* * *
(20) "Political contribution" means funds allocated for any
of the following purposes:
(i) A contribution as defined in section 1621(b) of the act
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of June 3, 1937 (P.L.1333, No.320), known as the "Pennsylvania
Election Code."
(ii) An independent expenditure as defined in section
1621(e) of the "Pennsylvania Election Code."
(iii) An expenditure as defined in section 1621(d) of the
"Pennsylvania Election Code."
(iv) A voter registration drive.
(v) A get-out-the-vote drive.
(vi) Any other electoral or political purpose.
Section 3. The act is amended by adding sections to read:
Section 402. (a) It shall be unlawful for a public employer
to deduct political contributions from the wages of public
employes, including public school employes governed under the
act of March 10, 1949 (P.L.30, No.14), known as the "Public
School Code of 1949," except as required by a valid collective
bargaining agreement entered into or renewed between the public
employer and a representative of the public employes before the
effective date of this section.
(b) This section shall not apply to any of the following:
(1) Employes of a public employer who are subject to the act
of June 24, 1968 (P.L.237, No.111), referred to as the Policemen
and Firemen Collective Bargaining Act.
(2) Employes of a public employer who are not permitted to
strike pursuant to section 1001.
Section 705.1. A collective bargaining agreement entered
into or renewed on or after the effective date of this section
may not contain provisions that violate section 402.
Section 1506. In addition to any other remedies provided
under this act, w henever it is charged by a public employe that
a public employer has engaged in or is engaging in an unfair
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practice prohibited under section 402, the public employe may
file a petition in the Commonwealth Court for temporary relief,
or a restraining or mandamus order as the Commonwealth Court
deems just and proper or requisite to effectuate section 402. In
a proceeding under this section, the parties before the
Commonwealth Court shall be the public employer charged with the
commission of the unfair labor practice prohibited under section
402 and the charging party. The jurisdiction of the Commonwealth
Court under this section shall be exclusive within the limits of
its jurisdiction.
Section 4. The provisions of this act are severable. If any
provision of this act or its application to any person or
circumstance is held invalid, the invalidity shall not affect
other provisions or applications of this act which can be given
effect without the invalid provision or application.
Section 5. This act shall take effect as follows:
(1) The addition of sections 402 and 705.1 of the act
shall take effect in 30 days.
(2) The remainder of this act shall take effect
immediately.
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