An Act amending the act of July 23, 1970 (P.L.563, No.195), known as the Public Employe Relations Act, in employee rights, providing for rights and privileges, for civil actions, for limitation of rights and remedies and for notice.

PRINTER'S NO. 207
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 262
Session of
2025
INTRODUCED BY GLEIM, BARGER, ZIMMERMAN, HAMM AND LEADBETER,
JANUARY 22, 2025
REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, JANUARY 22, 2025
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 rights and privileges, for civil actions, for limitation
of rights and remedies and for notice.
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
sections to read:
Section 402. The following rights and privileges apply:
(1) Each member of an employe organization shall have equal
rights and privileges within the employe organization, including
the rights and privileges to nominate candidates, vote in
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elections or referendums of the employe organization, attend
membership meetings and participate in the deliberations and
voting upon the business of the meetings, subject to reasonable
rules and regulations in the constitution and bylaws of the
employe organization.
(2) As follows:
(i) Subject to subclause (ii), each member of an employe
organization shall have the right to:
(A) Meet and assemble freely with other members of the
employe organization.
(B) Express at any meeting of the employe organization the
views, arguments or opinions of the member.
(C) Express at any meeting of the employe organization the
member's views of candidates in an election of the employe
organization or any business properly before the meeting,
subject to the employe organization's established and reasonable
rules pertaining to the conduct of meetings.
(ii) Nothing in this clause shall be construed to impair the
right of an employe organization to adopt and enforce reasonable
rules as to the responsibility of each member of the employe
organization toward the employe organization as an institution
and to the member's refraining from conduct that would interfere
with the performance of the legal or contractual obligations of
the employe organization.
(3) Beginning on the effective date of this clause, the
rates of dues and initiation fees payable by members of an
employe organization may not be increased and a general or
special assessment may not be levied upon the members of the
employe organization, except by:
(i) majority vote by secret ballot of all members of the
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employe organization at a general or special membership meeting,
after reasonable notice of the intention to vote upon the
question; or
(ii) majority vote of all members of the employe
organization in a membership referendum conducted by secret
ballot.
(4) The following apply to actions or proceedings:
(i) Except as provided in subclause (iii), an employe
organization may not limit the right of a public employe to:
(A) institute an action in a court or in a proceeding before
an administrative agency, notwithstanding whether or not the
employe organization or its officers are named as defendants or
respondents in the action or proceeding;
(B) appear as a witness in a judicial, administrative or
legislative proceeding; or
(C) petition a legislature or communicate with a legislator.
(ii) An interested employer or employer association may not
directly or indirectly finance, encourage or participate in an
action, proceeding, appearance or petition, except as a party.
(iii) A member of an employe organization may be required to
exhaust reasonable hearing procedures, not to exceed a four-
month lapse of time, within the employe organization before
instituting legal or administrative proceedings against the
employe organization or an officer of the employe organization.
(5) A member of an employe organization may not be fined,
suspended, expelled or otherwise disciplined by the employe
organization or an officer of the employe organization unless
the member of the employe organization has been served with
written specific charges, given a reasonable time to prepare a
defense and afforded a full and fair hearing.
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(6) The following apply to notice of agreements:
(i) Each public employe is entitled to receive a copy of the
collective bargaining agreement governing the employment of the
public employe, upon the execution of the collective bargaining
agreement.
(ii) The secretary or corresponding principal officer of
each employe organization shall maintain at the principal office
of the employe organization copies of an agreement made or
received by the employe organization, which shall be provided,
immediately and in electronic form, to any public employe whose
rights are affected by the agreement, upon the request of the
public employe.
Section 403. A person whose rights secured by section 402
have been infringed by a violation of section 402 may bring a
civil action in a court of competent jurisdiction for
appropriate relief.
Section 404. Nothing in this article shall limit the rights
and remedies of a member of an employe organization under
Federal or State law, before a court or other tribunal or under
the constitution and bylaws of an employe organization.
Section 405. Each employe organization shall inform its
members concerning the provisions of this article.
Section 2. The addition of sections 402, 403, 404 and 405 of
the act shall apply to collective bargaining agreements and
contracts entered into or extended or modified on or after the
effective date of this section.
Section 3. This act shall not apply to employees 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.
Section 4. This act shall take effect in 60 days.
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