PRINTER'S NO. 3723
No. 2565 Session of 2004
INTRODUCED BY CREIGHTON, ARMSTRONG, ROHRER, METCALFE, BALDWIN, BOYD, DENLINGER, FABRIZIO, HICKERNELL, TRUE, BASTIAN, BIRMELIN, COLEMAN, EGOLF, FLICK, FORCIER, HERSHEY, LEWIS, R. MILLER, S. MILLER, SCHRODER, STEIL, E. Z. TAYLOR, WATERS, YOUNGBLOOD, CLYMER, T. STEVENSON, VANCE AND ZUG, APRIL 13, 2004
REFERRED TO COMMITTEE ON LABOR RELATIONS, APRIL 13, 2004
AN ACT 1 Amending the act of April 9, 1929 (P.L.177, No.175), entitled 2 "An act providing for and reorganizing the conduct of the 3 executive and administrative work of the Commonwealth by the 4 Executive Department thereof and the administrative 5 departments, boards, commissions, and officers thereof, 6 including the boards of trustees of State Normal Schools, or 7 Teachers Colleges; abolishing, creating, reorganizing or 8 authorizing the reorganization of certain administrative 9 departments, boards, and commissions; defining the powers and 10 duties of the Governor and other executive and administrative 11 officers, and of the several administrative departments, 12 boards, commissions, and officers; fixing the salaries of the 13 Governor, Lieutenant Governor, and certain other executive 14 and administrative officers; providing for the appointment of 15 certain administrative officers, and of all deputies and 16 other assistants and employes in certain departments, boards, 17 and commissions; and prescribing the manner in which the 18 number and compensation of the deputies and all other 19 assistants and employes of certain departments, boards and 20 commissions shall be determined," eliminating authority for 21 the fair share fee for employees of Commonwealth entities; 22 and relieving certain employee organizations of certain 23 duties and obligations. 24 The General Assembly of the Commonwealth of Pennsylvania 25 hereby enacts as follows: 26 Section 1. The definitions of "Commonwealth" and "public
1 employer" in section 2215 of the act of April 9, 1929 (P.L.177, 2 No.175), known as The Administrative Code of 1929, added July 3 13, 1988 (P.L.493, No.84), are amended to read: 4 Section 2215. Fair Share Fee; Payroll Deduction.--(a) As 5 used in this section, the following words and phrases shall have 6 the meanings given to them in this subsection: 7 * * * 8 ["Commonwealth" shall mean the Commonwealth of Pennsylvania, 9 including any board, commission, department, agency or 10 instrumentality of the Commonwealth.] 11 * * * 12 "Public employer" shall mean [the Commonwealth of 13 Pennsylvania or] a school entity. 14 * * * 15 Section 2. (a) No collective bargaining agreement made 16 after the effective date of this section by any Commonwealth 17 entity as formerly defined in section 2215 of the act nor any 18 extension of an existing collective bargaining agreement made 19 after the effective date of this section may require payment of 20 a fair share fee to the exclusive representative by a nonmember 21 of the exclusive representative. 22 (b) Notwithstanding the provisions of section 606 of the act 23 of July 23, 1970 (P.L.563, No.195), known as the Public Employe 24 Relations Act, or any other law to the contrary, an employee 25 organization acting as an exclusive representative in any 26 Commonwealth entity shall owe no duty to and shall have no 27 obligation to represent any public employee who is not a member 28 of the employee organization in any grievance or other 29 proceeding filed with or against a public employer. 30 Section 3. This act shall take effect immediately. K25L71SFL/20040H2565B3723 - 2 -