Bill Text: PA HB2112 | 2009-2010 | Regular Session | Introduced

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Bill Title: Prohibiting membership in labor unions by illegal aliens.

Spectrum: Partisan Bill (Republican 27-0)

Status: (Introduced - Dead) 2009-11-23 - Referred to LABOR RELATIONS [HB2112 Detail]

Download: Pennsylvania-2009-HB2112-Introduced.html

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PRINTER'S NO. 2941
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2112 Session of2009
INTRODUCED BY BOYD, BEAR, BEYER, CHRISTIANA, CLYMER, CREIGHTON, CUTLER, EVERETT, FAIRCHILD, GINGRICH, GROVE, HICKERNELL, KAUFFMAN, KRIEGER, MILLER, MOUL, MUSTIO, OBERLANDER, RAPP, REICHLEY, STEVENSON, SWANGER, TALLMAN, TRUE, VULAKOVICH AND WATSON, NOVEMBER 23, 2009
REFERRED TO COMMITTEE ON LABOR RELATIONS, NOVEMBER 23, 2009
AN ACT
Prohibiting membership in labor unions by illegal aliens.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Union
Membership Protection Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Employer." The Commonwealth, its political subdivisions and
their instrumentalities and every individual, copartnership,
association and corporation, both profit and nonprofit.
"INA." The Immigration and Nationality Act (66 Stat. 163, 8
U.S.C. § 1101 et seq.).
"Labor organization." Any organization of any kind or any
agency or employee representation committee or plan in which
employees participate and which exists for the purpose, in whole
or in part, of dealing with employers concerning grievances,
labor disputes, wages, rates of pay, hours of employment or
conditions of work.
"Member in good standing." An individual who is an active
member of a labor organization and who pays full dues required
by a labor organization.
Section 3. Prohibition on labor organization membership.
No labor organization representing public or private sector
employees shall:
(1) Knowingly have as members in good standing of its
organization individuals who are not legally permitted to be
employed pursuant to the INA.
(2) Knowingly solicit dues or fees from individuals who
are not legally permitted to be employed pursuant to the INA.
Section 4. Employer duties.
(a) Notification of illegal employment.--Employers shall
notify the labor organization or labor organizations which
represent any portion of their workforce of an employee's
failure to meet the criteria of the INA to be legally employed.
(b) Membership invalid.--Upon being notified that an
employee does not meet standards of the INA to be legally
employed under subsection (a), a labor organization may not
represent the employee as a member of the labor organization.
Section 5. Enforcement.
The Attorney General shall accept, review and investigate any
credible complaint that a labor organization is in violation of
this act.
Section 6. Sanctions and penalties.
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An officer or other member of a labor organization who
violates section 3 shall pay a fine of $5,000 for each
violation.
Section 7. Severability for conflict with Federal law.
If a provision of this act is found to be in conflict with
Federal law, it shall be severable form the other provisions
that are not in conflict with Federal law.
Section 8.
This act shall take effect July 1, 2010.
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