Pennsylvania HB 1029: An Act amending the act of June 1, 1937 (P.L.1168, No.294), known as the Pennsylvania Labor Relations Act, 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.

Bill Text

PRINTER'S NO. 1110
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1029
Session of
2025
INTRODUCED BY D. WILLIAMS, CIRESI, DELLOSO, MALAGARI, O'MARA,
POWELL, HARKINS, KHAN, McNEILL, VENKAT, HILL-EVANS, GIRAL,
FREEMAN, McANDREW, HADDOCK, HANBIDGE, PROBST, BENHAM,
BRENNAN, CERRATO, KAZEEM, CEPEDA-FREYTIZ, PIELLI, SANCHEZ,
DONAHUE, HOHENSTEIN, PASHINSKI, NEILSON, SCHLOSSBERG, DEASY,
STEELE, GREEN, WARREN, DALEY, MAYES, BOYD, DAVIDSON AND
CURRY, MARCH 24, 2025
REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, MARCH 24, 2025
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
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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.
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 clause
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.
* * *
20250HB1029PN1110 - 2 -
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Section 2. The act is amended by adding a section to read:
Section 4.1. Notice and Regulations.--(a) The board shall
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