An Act amending the act of July 23, 1970 (P.L.563, No.195), known as the Public Employe Relations Act, in definitions, further providing for the definition of "maintenance of membership"; in employee rights, further providing for lawful activities and providing for rights and privileges and for civil actions; and, in scope of bargaining, further providing for proper subjects of bargaining.

PRINTER'S NO. 208
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 263
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 definitions, further
providing for the definition of "maintenance of membership";
in employee rights, further providing for lawful activities
and providing for rights and privileges and for civil
actions; and, in scope of bargaining, further providing for
proper subjects of bargaining.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 301(18) and 401 of the act of July 23,
1970 (P.L.563, No.195), known as the Public Employe Relations
Act, are amended to read:
Section 301. As used in this act:
* * *
[(18) "Maintenance of membership" means that all employes
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who have joined an employe organization or who join the employe
organization in the future must remain members for the duration
of a collective bargaining agreement so providing with the
proviso that any such employe or employes may resign from such
employe organization during a period of fifteen days prior to
the expiration of any such agreement.]
* * *
Section 401. It shall be lawful for public employes to
organize, form, join or assist in employe organizations or to
engage in lawful concerted activities for the purpose of
collective bargaining or other mutual aid and protection or to
bargain collectively through representatives of their own free
choice and such employes shall also have the right to refrain
from any or all such activities[, except as may be required
pursuant to a maintenance of membership provision in a
collective bargaining agreement].
Section 2. The act is amended by adding sections to read:
Section 402. (Reserved).
Section 402.1. The following apply regarding rights and
privileges:
(1) Public employes shall have equal rights and privileges,
without regard to membership in an employe organization, to
attend all meetings at which collective bargaining agreements
governing their employment will be submitted for ratification
and to participate in the deliberations and voting upon the
ratification on equal terms with members of the employe
organization.
(2) An employe organization may not limit or condition the
right of a public employe to:
(i) speak and express views, arguments or opinions regarding
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the employe organization or business properly before the employe
organization;
(ii) associate or disassociate from membership with the
employe organization at any time; or
(iii) cease payment of dues upon resignation of union
membership.
(3) Each member of an employe organization shall have the
right to transparency and uniformity regarding membership dues,
initiation fees and assessments charged by the employe
organization.
(4) On an annual basis, an employe organization shall
provide to the members of the employe organization a full
accounting of the activities of the employe organization and the
amount of dues, initiation fees and assessments charged to each
member.
(5) Each public employe of an employe organization is
entitled to receive a copy of the membership card, form,
agreement, contract or other document governing the public
employe's membership with the employe organization, upon the
execution of the document.
(6) With respect to the documents referenced in clause (5),
the secretary or corresponding principal officer of an employe
organization shall:
(i) Maintain copies of the documents at the principal office
of the employe organization.
(ii) Upon the request of a public employe whose rights are
affected by the agreement or contract, provide the documents to
the public employe immediately and in electronic form.
Section 403. (Reserved).
Section 403.1. A person whose rights secured by section
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402.1 have been infringed by a violation of section 402.1 of
this article may bring a civil action in a court of competent
jurisdiction for appropriate relief and shall be entitled to
reasonable costs and attorney fees if the person prevails in the
civil action.
Section 3. Section 705 of the act is amended to read:
Section 705. Membership dues deductions [and maintenance of
membership] are proper subjects of bargaining [with the proviso
that as to the latter, the payment of dues and assessments while
members, may be the only requisite employment condition].
Section 4. The amendment or addition of sections 301(18),
401, 402.1, 403.1 and 705 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 5. This act shall take effect in 60 days.
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