Read the full stored bill text
PRINTER'S NO. 1615
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 1268
Session of
2026
INTRODUCED BY COLLETT, PISCIOTTANO, KANE, FONTANA, SANTARSIERO,
HUGHES, SAVAL, CAPPELLETTI, HAYWOOD, MALONE, TARTAGLIONE AND
MILLER, APRIL 17, 2026
REFERRED TO LABOR AND INDUSTRY, APRIL 17, 2026
AN ACT
Amending the act of June 1, 1937 (P.L.1168, No.294), entitled
"An act to protect the right of employes to organize and
bargain collectively; creating the Pennsylvania Labor
Relations Board; conferring powers and imposing duties upon
the Pennsylvania Labor Relations Board, officers of the State
government, and courts; providing for the right of employes
to organize and bargain collectively; declaring certain labor
practices by employers to be unfair; further providing that
representatives of a majority of the employes be the
exclusive representatives of all the employes; authorizing
the board to conduct hearings and elections, and certify as
to representatives of employes for purposes of collective
bargaining; empowering the board to prevent any person from
engaging in any unfair labor practice, and providing a
procedure for such cases, including the issuance of a
complaint, the conducting of a hearing, and the making of an
order; empowering the board to petition a court of common
pleas for the enforcement of its order, and providing a
procedure for such cases; providing for the review of an
order of the board by a court of common pleas on petition of
any person aggrieved by such order, and establishing a
procedure for such cases; providing for an appeal from the
common pleas court to the Supreme Court; providing the board
with investigatory powers, including the power to issue
subpoenas and the compelling of obedience to them through
application to the proper court; providing for service of
papers and process of the board; prescribing certain
penalties," further providing for definitions; providing for
notice and regulations; further providing for unfair labor
practices and for representatives and elections; providing
for initial collective bargaining agreement; further
providing for prevention of unfair labor practices and for
penalties; and imposing penalties.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 3(d) of the act of June 1, 1937
(P.L.1168, No.294), known as the Pennsylvania Labor Relations
Act, is amended and the section is amended by adding a
subsection to read:
Section 3. Definitions. When used in this act--
* * *
(d) The term "employe" shall include any employe, and shall
not be limited to the employes of a particular employer, unless
the act explicitly states otherwise, and shall include any
individual whose work has ceased as a consequence of, or in
connection with, any current labor dispute, or because of any
unfair labor practice, and who has not obtained any other
regular and substantially equivalent employment, but shall not
include any individual employed as an agricultural laborer, or
in the domestic service of any person in the home of such
person, or any individual employed by his parent or spouse. The
term "employe" shall not include an independent contractor.
(d.1) The term "independent contractor" shall mean an
individual who is free from control and direction in connection
with the performance of a service, both under the contract for
the performance of the service and is customarily engaged in an
independently established trade, occupation, profession or
business of the same nature as that involved in the service and
the service is performed outside the usual course of the
business of an employer.
* * *
Section 2. The act is amended by adding a section to read:
Section 4.1. Notice and Regulations.--(a) The board shall
20260SB1268PN1615 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
promulgate regulations requiring each employer to post and
maintain, in conspicuous places where notices to employes and
applicants for employment are customarily posted, both
physically and electronically, a notice providing the rights and
protections afforded to employes under this act. The board shall
make available to the public the form and text of the notice.
The board shall promulgate regulations requiring employers to
notify each new employe of the information contained in the
notice described under this subsection.
(b) The board shall promulgate regulations requiring an
employer of employes in the bargaining unit to, no later than
two business days after the board orders an election or
certifies the results of an election, whichever is earlier,
under section seven of this act, provide a voter list to a labor
organization that has petitioned to represent the employes. The
voter list shall include the names of all employes in the
bargaining unit and such employes' home addresses, work
locations, shifts, job classifications, and, if available to the
employer, personal landline and mobile telephone numbers and
work and personal email addresses.
Section 3. Section 6(1) of the act is amended by adding
clauses to read:
Section 6. Unfair Labor Practices.--(1) It shall be an
unfair labor practice for an employer--
* * *
(g) To require or coerce an employe to attend or participate
in the employer's campaign activities unrelated to the employe's
job duties.
(h) To enter into or attempt to enforce an agreement,
express or implied, whereby prior to a dispute to which the
20260SB1268PN1615 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
agreement applies, an employe undertakes or promises not to
pursue, bring, join, litigate or support any kind of joint,
class or collective claim arising from or relating to the
employment of the employe in any forum that, but for the
agreement, is of competent jurisdiction.
(i) To coerce an employe into undertaking or promising not
to pursue, bring, join, litigate or support any kind of joint,
class or collective claim arising from or relating to the
employment of the employe.
(j) To retaliate or threaten to retaliate against an employe
for refusing to undertake or promise not to pursue, bring, join,
litigate or support any kind of joint, class or collective claim
arising from or relating to the employment of the employe:
Provided, That any agreement that violates this clause or
results from a violation of this clause shall be to that extent
unenforceable and void. This clause shall not apply to an
agreement embodied in or expressly permitted by a contract
between an employer and a labor organization.
* * *
Section 4. Section 7(c) and (d) of the act are amended and
the section is amended by adding subsections to read:
Section 7. Representatives and Elections.--* * *
(c) (1) Whenever a question arises concerning the
representation of employes the board may, and, upon request of a
labor organization, or an employer who has not committed an act
herein defined as unfair labor practice, or any group of
employes in an appropriate unit representing by petition thirty
per centum or more of the employes of that unit, shall
investigate such controversy and certify to the parties, in
writing, the name or names of the representatives who have been
20260SB1268PN1615 - 4 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
designated or selected. In any such investigation, the board
shall provide for an appropriate hearing upon due notice, either
in conjunction with a proceeding under section eight, or
otherwise, and may utilize any suitable method to ascertain such
representatives, except that if either party to the controversy
so requests, a secret ballot of employes shall be taken within
twenty days after such request is filed. Any certification of
representatives by the board shall be binding for a period of
one year, or for a longer period if the contract so provides,
even though the unit may have changed its labor organization
membership.
(2) Whenever a petition has been filed, if the board finds
that, in an election under this section, a majority of the valid
votes cast in a unit appropriate for purposes of collective
bargaining have not been cast in favor of representation by the
labor organization, the board shall dismiss the petition.
(3) If a majority of the valid votes cast in a unit
appropriate for purposes of collective bargaining have not been
cast in favor of representation by the labor organization and
the board determines that the election should be set aside
because the employer has committed a violation of this act or
otherwise interfered with a fair election and if the employer
has not demonstrated that the violation or other interference is
unlikely to have affected the outcome of the election, the board
shall, without ordering a new election, certify the labor
organization as the representative of the employes in the unit
and issue an order requiring the employer to bargain with the
labor organization if, at any time during the period beginning
one year preceding the date of the commencement of the election
and ending on the date upon which the board makes the
20260SB1268PN1615 - 5 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
determination of a violation or other interference, a majority
of the employes in the bargaining unit have signed
authorizations designating the labor organization as their
collective bargaining representative.
(d) Whenever an order of the board, made pursuant to section
eight, subsection (c), is based, in whole or in part, upon facts
certified following an investigation pursuant to subsection
[(c)] (c)(1) of this section, and there is a petition for the
enforcement or review of such order, such certification and the
record of such investigation shall be included in the transcript
of the entire record required to be filed under subsections (a)
or (b) of section nine, and thereupon the decree of the court
enforcing, modifying or setting aside, in whole or in part, the
order of the board, shall be made and entered upon the
pleadings, testimony, and proceedings set forth in such
transcript.
(e) Whenever a petition has been filed, in accordance with
regulations promulgated by the board, by an employe or group of
employes or an individual or labor organization acting on the
employe's behalf alleging that a substantial number of employes
wish to be represented for collective bargaining and that the
employer declines to recognize their representative as the
representative or assert that the individual or labor
organization, which has been certified or is being recognized by
the employer as the bargaining representative, is no longer a
representative, the board shall investigate the petition and, if
the board has reasonable cause to believe that a question of
representation affecting commerce exists, shall provide for an
appropriate hearing upon due notice. The hearing shall be
conducted by an employe of the department appointed by the
20260SB1268PN1615 - 6 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
Secretary of Labor and Industry, who shall not make any
recommendations with respect to the petition. If the board finds
upon the record of the hearing that a question of representation
exists, the board shall direct an election by secret ballot and
shall certify the results of the election. No employer shall
have standing as a party or to intervene in any representation
proceeding under this subsection.
(f) If the board finds that, in an election under this
section, a majority of the valid votes cast in a unit
appropriate for purposes of collective bargaining have been cast
in favor of representation by the labor organization, the board
shall certify the labor organization as the representative of
the employes in the unit and shall issue an order requiring the
employer of the employes to collectively bargain with the labor
organization.
(g) Except as provided under section 7(c)(3), if the board
determines that an election under this section should be set
aside, the board shall order a new election with appropriate
additional safeguards necessary to ensure a fair election
process, except in cases where the board issues a collective
bargaining order.
Section 5. The act is amended by adding a section to read:
Section 7.1. Initial Collective Bargaining Agreement.--For
an initial collective bargaining agreement following
certification or recognition of a labor organization, the
following shall apply--(a) No later than ten days after
receiving a written request for collective bargaining from an
individual or labor organization that has been newly certified
as a representative, or within a period as the parties agree
upon, the parties shall meet and commence to bargain
20260SB1268PN1615 - 7 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
collectively and shall make every reasonable effort to conclude
and sign a collective bargaining agreement.
(b) If, after the expiration of the ninety-day period
beginning on the date on which collective bargaining is
commenced, or an additional period as the parties may agree
upon, the parties have failed to reach an agreement, either
party may notify the board of the existence of a dispute and
request mediation. When a request is received, the board shall
promptly communicate with the parties and to use its best
efforts, by mediation and conciliation, to bring the parties to
agreement.
(c) If, after the expiration of the thirty-day period
beginning on the date on which the request for mediation is
made, or an additional period as the parties may agree upon, the
board is not able to bring the parties to agreement by mediation
and conciliation, the board shall refer the dispute to a
tripartite arbitration panel comprised of one member selected by
the labor organization, one member selected by the employer and
one neutral member mutually agreed to by the parties. A majority
of the tripartite arbitration panel shall render a decision
settling the dispute and a decision shall be binding upon the
parties for a period of two years, unless amended during that
period by written consent of the parties. A decision shall be
based on the following--
(1) The employer's financial status and prospects.
(2) The size and type of the employer's operations and
business.
(3) The employes' cost of living.
(4) The employes' ability to sustain themselves, their
families and their dependents on the wages and benefits they
20260SB1268PN1615 - 8 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
earn from the employer.
(5) The wages and benefits other employers in the same
industry provide their employes.
Section 6. Section 8 of the act is amended by adding
subsections to read:
Section 8. Prevention of Unfair Labor Practices.--* * *
(g) If the board finds that an employer has discriminated
against an employe in violation of this act or has committed a
violation of this act which results in the discharge of an
employe or other serious economic harm to an employe, the board
shall award the employe back pay without any reduction,
including any reduction based on the employe's interim earnings
or failure to earn interim earnings, front pay, consequential
damages and an additional amount as liquidated damages equal to
two times the amount of damages awarded. Relief under this
subsection may not be denied on the basis that the employe is,
or was during the time of relevant employment or during the back
pay period, an unauthorized alien as defined in 8 U.S.C. §
1324a(h)(3) (relating to unlawful employment of aliens) or any
other provision of Federal law relating to the unlawful
employment of aliens.
(h) (1) Each order of the board shall take effect upon
issuance of the order, unless otherwise directed by the board,
and shall remain in effect unless modified by the board or
unless a court of competent jurisdiction issues a superseding
order.
(2) Any person who fails or neglects to obey an order of the
board shall forfeit and pay to the board a civil penalty of not
more than ten thousand dollars ($10,000) for each violation,
which shall accrue to the board and may be recovered in a civil
20260SB1268PN1615 - 9 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
action brought by the board. Action by the board under this
clause may not be made until thirty days following the issuance
of an order. Each violation of the order shall be a separate
offense, except that, in the case of a violation in which a
person fails to obey or neglects to obey a final order of the
board, each day such failure or neglect continues shall be
deemed a separate offense.
(3) If, after having provided a person with notice and an
opportunity to be heard regarding a civil action under clause
(2) for the enforcement of an order, the court determines that
the order of the board was regularly made and duly served and
that the person is in violation of the same, the court shall
enforce the order by an injunction or other proper process,
mandatory or otherwise, to restrain the person or entity or the
officers, agent or representatives of the person or entity, from
further violation of the order, or enjoin the person or entity,
officers, agents or representatives to obey the order.
Section 7. Section 11 of the act is amended to read:
Section 11. Penalties.--(a) Any person who shall wilfully
resist, prevent, impede or interfere with any member of the
board, or any of its agents, in the performance of duties
pursuant to this act, shall be guilty of a misdemeanor, and,
upon conviction thereof, shall be punished by a fine of not more
than five thousand dollars ($5,000), or by imprisonment for not
more than one year, or both.
(b) If the board, or any agent designated by the board,
determines that an employer has violated section 4.1 or
regulations issued thereunder, the board shall--
(1) State the findings of fact supporting the determination.
(2) Issue and cause to be served on the employer an order
20260SB1268PN1615 - 10 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
requiring that the employer comply with section 4.1 or
regulations issued thereunder.
(3) Impose a civil penalty in an amount determined
appropriate by the board, except that in no case shall the
amount of the penalty exceed five hundred dollars ($500) for
each violation.
(c) (1) An employer who commits an unfair labor practice
under section six that results in the discharge of an employe or
other serious economic harm to an employe, shall, in addition to
any remedy ordered by the board, be subject to a civil penalty
in an amount not to exceed fifty thousand dollars ($50,000) for
each violation, except that the board shall double the amount of
the penalty, to an amount not to exceed one hundred thousand
dollars ($100,000), in any case where the employer has within
the preceding five years committed another violation of section
six.
(2) In determining the amount of a civil penalty under this
clause, the board shall consider the following--
(i) If the unfair labor practice was knowingly committed.
(ii) The impact of the unfair labor practice on the charging
party, on other persons seeking to exercise rights guaranteed by
this act and on the public interest.
(iii) The gross income of the employer.
(3) If the board determines, based on the particular facts
and circumstances presented, that a director's or officer's
personal liability is warranted, a civil penalty for a violation
described under this subsection may be assessed against a
director or officer of the employer who directed or committed
the violation, had established a policy that led to the
violation or had actual or constructive knowledge of and the
20260SB1268PN1615 - 11 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
authority to prevent the violation and failed to prevent the
violation.
(d) The following shall apply to the right to civil action--
(1) Any person who is injured by reason of a violation of
section six may, after sixty days following the filing of a
charge with the board alleging an unfair labor practice, bring a
civil action in the appropriate court against the employer
within ninety days after the expiration of the sixty-day period
or the date the board notifies the person that no complaint
shall be heard by the board, whichever occurs earlier, provided
that the board has not filed a petition under this act prior to
the expiration of the sixty-day period. Relief under this
subsection may not be denied on the basis that the employe is,
or was during the time of relevant employment or during the back
pay period, an unauthorized alien as defined in 8 U.S.C. §
1324a(h)(3) (relating to unlawful employment of aliens) or any
other provision of Federal law relating to the unlawful
employment of aliens.
(2) Relief granted in an action under clause (1) may include
any of the following:
(i) back pay without any reduction, including any reduction
based on the employe's interim earnings or failure to earn
interim earnings;
(ii) front pay, when appropriate;
(iii) consequential damages;
(iv) an additional amount as liquidated damages equal to two
times the cumulative amount of damages awarded under subclauses
(i), (ii) and (iii);
(v) in appropriate cases, punitive damages in accordance
with clause (4); and
20260SB1268PN1615 - 12 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(vi) any other relief authorized under 42 U.S.C. § 2000e-
5(g) (relating to enforcement provisions) or under 42 U.S.C. §
1981a(b) (relating to damages in cases of intentional
discrimination in employment) (this only applies to actions
brought under sections 706 or 717 of the Civil Rights Act of
1964 and discrimination relating to unlawful intentional
discrimination or violations under the Americans with
Disabilities Act) .
(3) In any civil action under this clause, the court may
allow the prevailing party reasonable attorney fees, including
expert fees, and other reasonable costs associated with
maintaining the action.
(4) In awarding punitive damages under clause (2)(v), the
court shall consider if the unfair labor practice was knowingly
committed, the impact of the unfair labor practice on the
charging party, on other persons seeking to exercise rights
guaranteed by this act and on the public interest, and the gross
income of the employer.
Section 8. This act shall take effect in 60 days.
20260SB1268PN1615 - 13 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19