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.

Summary

Public Employees' Bill of Rights

Bill Text

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This bill enhances the rights of members within employee organizations, particularly concerning participation in organizational activities and protection from unfair disciplinary actions.

• The act of July 23, 1970 (P.L.563, No.195)

  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 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 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. (6) The following apply to notice of agreements: (i) Each public employe is entitled to receive a copy of the collective bargaining agreement governing the employment of the public employe, upon the execution of the collective bargaining agreement. (ii) The secretary or corresponding principal officer of each employe organization shall maintain at the principal office of the employe organization copies of an agreement made or received by the employe organization, which shall be provided, immediately and in electronic form, to any public employe whose rights are affected by the agreement, upon the request of the public employe.

  This section establishes various rights and privileges for members of employee organizations regarding participation and protection within their organizations.

• The act of July 23, 1970 (P.L.563, No.195)

  Section 403. A person whose rights secured by section 402 have been infringed by a violation of section 402 may bring a civil action in a court of competent jurisdiction for appropriate relief.

  This section allows members to take legal action if their rights under section 402 are violated.

• The act of July 23, 1970 (P.L.563, No.195)

  Section 404. Nothing in this article shall limit the rights and remedies of a member of an employe organization under Federal or State law, before a court or other tribunal or under the constitution and bylaws of an employe organization.

  This section ensures that members retain their rights under other legal frameworks.

• The act of July 23, 1970 (P.L.563, No.195)

  Section 405. Each employe organization shall inform its members concerning the provisions of this article.

  This section mandates that employee organizations must educate their members about the new rights and provisions established by the act.

Action History

1. January 22, 2025

   Referred to LABOR AND INDUSTRY, Jan. 22, 2025

Sponsors

• Barbara Gleim · Primary
• Scott Barger · Cosponsor
• David H. Zimmerman · Cosponsor
• Joe Hamm · Cosponsor
• Robert Leadbeter · Cosponsor

Subjects