AN ACT

 

1Amending the act of July 23, 1970 (P.L.563, No.195), entitled
2"An act establishing rights in public employes to organize
3and bargain collectively through selected representatives;
4defining public employes to include employes of nonprofit
5organizations and institutions; providing compulsory
6mediation and fact-finding, for collective bargaining
7impasses; providing arbitration for certain public employes
8for collective bargaining impasses; defining the scope of
9collective bargaining; establishing unfair employe and
10employer practices; prohibiting strikes for certain public
11employes; permitting strikes under limited conditions;
12providing penalties for violations; and establishing
13procedures for implementation," <-defining "political 
14contributions"; further providing for <-declaration of public 
15policy, for definitions and for maintenance of membership;
16providing for membership dues<-; prohibiting certain provisions 
17relating to political contributions; and making related
18repeals.

19The General Assembly of the Commonwealth of Pennsylvania
20hereby enacts as follows:

<-21Section 1. Section 301 of act of July 23, 1970 (P.L.563,
22No.195), known as the Public Employe Relations Act, is amended
23by adding a paragraph to read:

<-24Section 1. Section 101 of the act of July 23, 1970 (P.L.563,
25No.195), known as the Public Employe Relations Act, is amended
26to read:

1Section 101. The General Assembly of the Commonwealth of
2Pennsylvania declares that it is the public policy of this
3Commonwealth and the purpose of this act to promote orderly and
4constructive relationships between all public employers and
5their employes subject, however, to the paramount right of the
6citizens of this Commonwealth to keep inviolate the guarantees
7for their health, safety and welfare. Unresolved disputes
8between the public employer and its employes are injurious to
9the public and the General Assembly is therefore aware that
10adequate means must be established for minimizing them and
11providing for their resolution. Within the limitations imposed
12upon the governmental processes by these rights of the public at
13large and recognizing that harmonious relationships are required
14between the public employer and its employes, the General
15Assembly has determined that the overall policy may best be
16accomplished by (1) granting to public employes the right to
17organize and choose freely their representatives; (2) requiring
18public employers to negotiate and bargain with employe
19organizations representing public employes and to enter into
20written agreements evidencing the result of such bargaining;
21[and] (3) establishing procedures to provide for the protection
22of the rights of the public employe, the public employer and the
23public at large; and (4) ensuring public employers do not 
24collect money intended for political purposes from the wages of 
25employes.

26Section 2. Section 301 of the act is amended by adding a
27clause to read:

28Section 301. As used in this act:

29* * *

<-30(20) "Political contributions" means any moneys or funds

1appropriated for lobbying; electoral activities; or independent
2expenditures on behalf of, or contributions to, any candidate,
3political party, voter registration campaign or any other
4political or legislative cause.

<-5(20) "Political contribution" means any money or funds
6appropriated for:

7(i) a contribution, as defined in section 1621 of the act of 
8June 3, 1937 (P.L.1333, No.320), known as the "Pennsylvania 
9Election Code";

10(ii) an independent expenditure, as defined in section 1621
11of the "Pennsylvania Election Code";

12(iii) an expenditure, as defined in section 1621 of the 
13"Pennsylvania Election Code";

14(iv) lobbying, as defined in 65 Pa.C.S. § 13A03 (relating to
15definitions).

16(v) a voter registration drive;

17(vi) a get-out-the-vote drive; or

18(vii) any other electoral, political or legislative purpose.

19Section <-2 3. Section 705 of the act is amended to read:

20Section 705. [Membership dues deductions and maintenance of
21membership are proper subjects] Maintenance of membership is a 
22proper subject of bargaining with the proviso that [as to the
23latter,] the payment of dues and assessments while members[,]
24may be the only requisite employment condition.

25Section <-3 4. The act is amended by adding a section to read:

<-26Section 705.1.  (a) Membership dues deductions and political
27contributions collected by the employer shall not be subject to
28bargaining for public employes covered under this act. Any
29collective bargaining agreement entered into after the effective
30date of this section with public employes shall not contain such

1provisions.

2(b) Employes subject to the conditions of the act of June
324, 1968 (P.L.237, No.111), referred to as the Policemen and
4Firemen Collective Bargaining Act, and public employes subject
5to sections 805, 806 and 1001 shall retain the right to
6collectively bargain for membership dues deductions.

<-7Section 705.1. (a) Any collective bargaining agreement
8entered into, renewed or extended on or after the effective date
9of this section shall not contain provisions requiring the
10deduction of political contributions or membership dues
11deductions from a public employe's wages, including, without
12limitation, public school employes covered by the act of March 
1310, 1949 (P.L.30, No.14), known as the "Public School Code of 
141949." This section, however, shall not be construed to preclude
15a public employer, if required to do so by a collective
16bargaining agreement entered into with a representative of its
17employes, from deducting from the wages of an employe
18organization member an amount equal to, but not greater than, a
19"fair share fee" as defined in section 2215(a) of the act of 
20April 9, 1929 (P.L.177, No.175), known as "The Administrative 
21Code of 1929," and section 2(a) of the act of June 2, 1993 
22(P.L.45, No.15), known as the "Public Employee Fair Share Fee 
23Law." A collective bargaining agreement may require a public
24employer to deduct from the wages of employes and then remit to
25the employe representative an amount equal to, but not greater
26than, a fair share fee, which amount shall be determined in the
27manner required by law for the determination of a fair share fee
28annually during each year of the agreement.

29(b) A public employer shall not deduct political
30contributions or membership dues from the wages of a public

1employe, including, public school employes covered by the
2"Public School Code of 1949," except as required by a valid
3collective bargaining agreement entered into between a public
4employer and a representative of its employes prior to the
5effective date of this subsection.

6(c) This section shall not apply to:

7(i) employes of a public employer who are subject to the act 
8of June 24, 1968 (P.L.237, No.111), referred to as the Policemen 
9and Firemen Collective Bargaining Act; and

10(ii) employes of a public employer who are not permitted to
11strike pursuant to section 1001.

12Section 5. The provisions of this act are severable. If any
13provision of this act or its application to any person or
14circumstance is held invalid, the invalidity shall not affect
15other provisions or applications of this act which can be given
16effect without the invalid provision or application.

17Section <-4 6. Repeals are as follows:

18(1)  The General Assembly declares that the repeals under
19paragraph (2) are necessary to effectuate this act.

20(2)  The following sections are repealed:

21(i)  Section 2215(c) of the act of April 9, 1929
22(P.L.177, No.175), known as The Administrative Code of
231929.

24(ii) Section 4(a) of the act of June 2, 1993
25(P.L.45, No.15), known as the Public Employee Fair Share
26Fee Law.

27Section 5 7. This act shall take effect <-in 60 days. as 
28follows:

29(1) The amendment or addition of sections 705 and 705.1
30of the act shall take effect in 60 days.

1(2) The remainder of this act shall take effect
2immediately.