Bill Text: PA HB52 | 2009-2010 | Regular Session | Introduced

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Bill Title: Eliminating authority for the fair share fee for employees of Commonwealth entities; and relieving certain employee organizations of certain duties and obligations.

Sponsorship: Partisan Bill (Republican 29)

Status: (Introduced - Dead) 2009-11-10 - Referred to LABOR RELATIONS [HB52 Detail]

Download: Pennsylvania-2009-HB52-Introduced.html

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PRINTER'S NO. 2872
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 52 Session of2009
INTRODUCED BY CREIGHTON, METCALFE, RAPP, ROHRER, BOYD, CLYMER, DENLINGER, EVERETT, KAUFFMAN, MILLER, O'NEILL, REICHLEY, SWANGER, SCHRODER, BEAR, COX, FAIRCHILD, GINGRICH, GRELL, GRUCELA, HARPER, HELM, HICKERNELL, M. KELLER, MAJOR, MOUL, ROAE, SAYLOR, TALLMAN, TRUE AND CHRISTIANA, NOVEMBER 10, 2009
REFERRED TO COMMITTEE ON LABOR RELATIONS, NOVEMBER 10, 2009
AN ACT
Amending the act of April 9, 1929 (P.L.177, No.175), entitled
"An act providing for and reorganizing the conduct of the
executive and administrative work of the Commonwealth by the
Executive Department thereof and the administrative
departments, boards, commissions, and officers thereof,
including the boards of trustees of State Normal Schools, or
Teachers Colleges; abolishing, creating, reorganizing or
authorizing the reorganization of certain administrative
departments, boards, and commissions; defining the powers and
duties of the Governor and other executive and administrative
officers, and of the several administrative departments,
boards, commissions, and officers; fixing the salaries of the
Governor, Lieutenant Governor, and certain other executive
and administrative officers; providing for the appointment of
certain administrative officers, and of all deputies and
other assistants and employes in certain departments, boards,
and commissions; and prescribing the manner in which the
number and compensation of the deputies and all other
assistants and employes of certain departments, boards and
commissions shall be determined," eliminating authority for
the fair share fee for employees of Commonwealth entities;
and relieving certain employee organizations of certain
duties and obligations.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definitions of "Commonwealth" and "public
employer" in section 2215 of the act of April 9, 1929 (P.L.177,
No.175), known as The Administrative Code of 1929, added July
13, 1988 (P.L.493, No.84), are amended to read:
Section 2215. Fair Share Fee; Payroll Deduction.--(a) As
used in this section, the following words and phrases shall have
the meanings given to them in this subsection:
* * *
["Commonwealth" shall mean the Commonwealth of Pennsylvania,
including any board, commission, department, agency or
instrumentality of the Commonwealth.]
* * *
"Public employer" shall mean [the Commonwealth of
Pennsylvania or] a school entity.
* * *
Section 2. (a) No collective bargaining agreement made
after the effective date of this section by any Commonwealth
entity as formerly defined in section 2215 of the act nor any
extension of an existing collective bargaining agreement made
after the effective date of this section may require payment of
a fair share fee to the exclusive representative by a nonmember
of the exclusive representative.
(b) Notwithstanding the provisions of section 606 of the act
of July 23, 1970 (P.L.563, No.195), known as the Public Employe
Relations Act, or any other law to the contrary, an employee
organization acting as an exclusive representative in any
Commonwealth entity shall owe no duty to and shall have no
obligation to represent any public employee who is not a member
of the employee organization in any grievance or other
proceeding filed with or against a public employer.
Section 3. This act shall take effect immediately.
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