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
1 Amending the act of July 23, 1970 (P.L.563, No.195), entitled
2 "An act establishing rights in public employes to organize
3 and bargain collectively through selected representatives;
4 defining public employes to include employes of nonprofit
5 organizations and institutions; providing compulsory
6 mediation and fact-finding, for collective bargaining
7 impasses; providing arbitration for certain public employes
8 for collective bargaining impasses; defining the scope of
9 collective bargaining; establishing unfair employe and
10 employer practices; prohibiting strikes for certain public
11 employes; permitting strikes under limited conditions;
12 providing penalties for violations; and establishing
13 procedures for implementation," in definitions, further
14 providing for the definition of "maintenance of membership";
15 in employee rights, further providing for lawful activities
16 and providing for rights and privileges and for civil
17 actions; and, in scope of bargaining, further providing for
18 proper subjects of bargaining.
19 The General Assembly of the Commonwealth of Pennsylvania
20 hereby enacts as follows:
21 Section 1. Sections 301(18) and 401 of the act of July 23,
22 1970 (P.L.563, No.195), known as the Public Employe Relations
23 Act, are amended to read:
24 Section 301. As used in this act:
25 * * *
26 [(18) "Maintenance of membership" means that all employes
1 who have joined an employe organization or who join the employe
2 organization in the future must remain members for the duration
3 of a collective bargaining agreement so providing with the
4 proviso that any such employe or employes may resign from such
5 employe organization during a period of fifteen days prior to
6 the expiration of any such agreement.]
7 * * *
8 Section 401. It shall be lawful for public employes to
9 organize, form, join or assist in employe organizations or to
10 engage in lawful concerted activities for the purpose of
11 collective bargaining or other mutual aid and protection or to
12 bargain collectively through representatives of their own free
13 choice and such employes shall also have the right to refrain
14 from any or all such activities[, except as may be required
15 pursuant to a maintenance of membership provision in a
16 collective bargaining agreement].
17 Section 2. The act is amended by adding sections to read:
18 Section 402. (Reserved).
19 Section 402.1. The following apply regarding rights and
20 privileges:
21 (1) Public employes shall have equal rights and privileges,
22 without regard to membership in an employe organization, to
23 attend all meetings at which collective bargaining agreements
24 governing their employment will be submitted for ratification
25 and to participate in the deliberations and voting upon the
26 ratification on equal terms with members of the employe
27 organization.
28 (2) An employe organization may not limit or condition the
29 right of a public employe to:
30 (i) speak and express views, arguments or opinions regarding
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1 the employe organization or business properly before the employe
2 organization;
3 (ii) associate or disassociate from membership with the
4 employe organization at any time; or
5 (iii) cease payment of dues upon resignation of union
6 membership.
7 (3) Each member of an employe organization shall have the
8 right to transparency and uniformity regarding membership dues,
9 initiation fees and assessments charged by the employe
10 organization.
11 (4) On an annual basis, an employe organization shall
12 provide to the members of the employe organization a full
13 accounting of the activities of the employe organization and the
14 amount of dues, initiation fees and assessments charged to each
15 member.
16 (5) Each public employe of an employe organization is
17 entitled to receive a copy of the membership card, form,
18 agreement, contract or other document governing the public
19 employe's membership with the employe organization, upon the
20 execution of the document.
21 (6) With respect to the documents referenced in clause (5),
22 the secretary or corresponding principal officer of an employe
23 organization shall:
24 (i) Maintain copies of the documents at the principal office
25 of the employe organization.
26 (ii) Upon the request of a public employe whose rights are
27 affected by the agreement or contract, provide the documents to
28 the public employe immediately and in electronic form.
29 Section 403. (Reserved).
30 Section 403.1. A person whose rights secured by section
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1 402.1 have been infringed by a violation of section 402.1 of
2 this article may bring a civil action in a court of competent
3 jurisdiction for appropriate relief and shall be entitled to
4 reasonable costs and attorney fees if the person prevails in the
5 civil action.
6 Section 3. Section 705 of the act is amended to read:
7 Section 705. Membership dues deductions [and maintenance of
8 membership] are proper subjects of bargaining [with the proviso
9 that as to the latter, the payment of dues and assessments while
10 members, may be the only requisite employment condition].
11 Section 4. The amendment or addition of sections 301(18),
12 401, 402.1, 403.1 and 705 of the act shall apply to collective
13 bargaining agreements and contracts entered into or extended or
14 modified on or after the effective date of this section.
15 Section 5. This act shall take effect in 60 days.
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Statutes/Laws affected:
Printer's No. 0208: P.L.563, No.195