Pennsylvania HB 262: An Act amending the act of July 23, 1970 (P.L.563, No.195), known as the Public Employe Relations Act, in employee rights, providing for rights and privileges, for civil actions, for limitation of rights and remedies and for notice.

Bill Text

PRINTER'S NO. 207
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 262
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
Amending the act of July 23, 1970 (P.L.563, No.195), entitled
"An act establishing rights in public employes to organize
and bargain collectively through selected representatives;
defining public employes to include employes of nonprofit
organizations and institutions; providing compulsory
mediation and fact-finding, for collective bargaining
impasses; providing arbitration for certain public employes
for collective bargaining impasses; defining the scope of
collective bargaining; establishing unfair employe and
employer practices; prohibiting strikes for certain public
employes; permitting strikes under limited conditions;
providing penalties for violations; and establishing
procedures for implementation," in employee rights, providing
for rights and privileges, for civil actions, for limitation
of rights and remedies and for notice.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of July 23, 1970 (P.L.563, No.195), known
as the Public Employe Relations Act, is amended by adding
sections to read:
Section 402. The following rights and privileges apply:
(1) Each member of an employe organization shall have equal
rights and privileges within the employe organization, including
the rights and privileges to nominate candidates, vote in
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elections or referendums of the employe organization, attend
membership meetings and participate in the deliberations and
voting upon the business of the meetings, subject to reasonable
rules and regulations in the constitution and bylaws of the
employe organization.
(2) As follows:
(i) Subject to subclause (ii), each member of an employe
organization shall have the right to:
(A) Meet and assemble freely with other members of the
employe organization.
(B) Express at any meeting of the employe organization the
views, arguments or opinions of the member.
(C) Express at any meeting of the employe organization the
member's views of candidates in an election of the employe
organization or any business properly before the meeting,
subject to the employe organization's established and reasonable
rules pertaining to the conduct of meetings.
(ii) Nothing in this clause shall be construed to impair the
right of an employe organization to adopt and enforce reasonable
rules as to the responsibility of each member of the employe
organization toward the employe organization as an institution
and to the member's refraining from conduct that would interfere
with the performance of the legal or contractual obligations of
the employe organization.
(3) Beginning on the effective date of this clause, the
rates of dues and initiation fees payable by members of an
employe organization may not be increased and a general or
special assessment may not be levied upon the members of the
employe organization, except by:
(i) majority vote by secret ballot of all members of the
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employe organization at a general or special membership meeting,
after reasonable notice of the intention to vote upon the
question; or
(ii) majority vote of all members of the employe
organization in a membership referendum conducted by secret
ballot.
(4) The following apply to actions or proceedings:
(i) Except as provided in subclause (iii), an employe
organization may not limit the right of a public employe to:
(A) institute an action in a court or in a proceeding before
an administrative agency, notwithstanding whether or not the
employe organization or its officers are named as defendants or
respondents in the action or proceeding;
(B) appear as a witness in a judicial, administrative or
legislative proceeding; or
(C) petition a legislature or communicate with a legislator.
(ii) An interested employer or employer association may not
directly or indirectly finance, encourage or participate in an
action, proceeding, appearance or petition, except as a party.
(iii) A member of an employe organization may be required to
exhaust reasonable hearing procedures, not to exceed a four-
month lapse of time, within the employe organization before
instituting legal or administrative proceedings against the
employe organization or an officer of the employe organization.
(5) A member of an employe organization may not be fined,
suspended, expelled or otherwise disciplined by the employe
organization or an officer of the employe organization unless
the member of the employe organization has been served with
written specific charges, given a reasonable time to prepare a
defense and afforded a full and fair hearing.
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