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.

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
 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 employee rights, providing
14      for rights and privileges, for civil actions, for limitation
15      of rights and remedies and for notice.
16      The General Assembly of the Commonwealth of Pennsylvania
17   hereby enacts as follows:
18      Section 1.    The act of July 23, 1970 (P.L.563, No.195), known
19   as the Public Employe Relations Act, is amended by adding
20   sections to read:
21      Section 402.     The following rights and privileges apply:
22      (1)   Each member of an employe organization shall have equal
23   rights and privileges within the employe organization, including
24   the rights and privileges to nominate candidates, vote in
 1   elections or referendums of the employe organization, attend
 2   membership meetings and participate in the deliberations and
 3   voting upon the business of the meetings, subject to reasonable
 4   rules and regulations in the constitution and bylaws of the
 5   employe organization.
 6      (2)    As follows:
 7      (i)    Subject to subclause (ii), each member of an employe
 8   organization shall have the right to:
 9      (A)    Meet and assemble freely with other members of the
10   employe organization.
11      (B)    Express at any meeting of the employe organization the
12   views, arguments or opinions of the member.
13      (C)    Express at any meeting of the employe organization the
14   member's views of candidates in an election of the employe
15   organization or any business properly before the meeting,
16   subject to the employe organization's established and reasonable
17   rules pertaining to the conduct of meetings.
18      (ii)    Nothing in this clause shall be construed to impair the
19   right of an employe organization to adopt and enforce reasonable
20   rules as to the responsibility of each member of the employe
21   organization toward the employe organization as an institution
22   and to the member's refraining from conduct that would interfere
23   with the performance of the legal or contractual obligations of
24   the employe organization.
25      (3)    Beginning on the effective date of this clause, the
26   rates of dues and initiation fees payable by members of an
27   employe organization may not be increased and a general or
28   special assessment may not be levied upon the members of the
29   employe organization, except by:
30      (i)    majority vote by secret ballot of all members of the

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 1   employe organization at a general or special membership meeting,
 2   after reasonable notice of the intention to vote upon the
 3   question; or
 4      (ii)    majority vote of all members of the employe
 5   organization in a membership referendum conducted by secret
 6   ballot.
 7      (4)    The following apply to actions or proceedings:
 8      (i)    Except as provided in subclause (iii), an employe
 9   organization may not limit the right of a public employe to:
10      (A)    institute an action in a court or in a proceeding before
11   an administrative agency, notwithstanding whether or not the
12   employe organization or its officers are named as defendants or
13   respondents in the action or proceeding;
14      (B)    appear as a witness in a judicial, administrative or
15   legislative proceeding; or
16      (C)    petition a legislature or communicate with a legislator.
17      (ii)    An interested employer or employer association may not
18   directly or indirectly finance, encourage or participate in an
19   action, proceeding, appearance or petition, except as a party.
20      (iii)    A member of an employe organization may be required to
21   exhaust reasonable hearing procedures, not to exceed a four-
22   month lapse of time, within the employe organization before
23   instituting legal or administrative proceedings against the
24   employe organization or an officer of the employe organization.
25      (5)    A member of an employe organization may not be fined,
26   suspended, expelled or otherwise disciplined by the employe
27   organization or an officer of the employe organization unless
28   the member of the employe organization has been served with
29   written specific charges, given a reasonable time to prepare a
30   defense and afforded a full and fair hearing.

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 1      (6)    The following apply to notice of agreements:
 2      (i)    Each public employe is entitled to receive a copy of the
 3   collective bargaining agreement governing the employment of the
 4   public employe, upon the execution of the collective bargaining
 5   agreement.
 6      (ii)    The secretary or corresponding principal officer of
 7   each employe organization shall maintain at the principal office
 8   of the employe organization copies of an agreement made or
 9   received by the employe organization, which shall be provided,
10   immediately and in electronic form, to any public employe whose
11   rights are affected by the agreement, upon the request of the
12   public employe.
13      Section 403.     A person whose rights secured by section 402
14   have been infringed by a violation of section 402 may bring a
15   civil action in a court of competent jurisdiction for
16   appropriate relief.
17      Section 404.     Nothing in this article shall limit the rights
18   and remedies of a member of an employe organization under
19   Federal or State law, before a court or other tribunal or under
20   the constitution and bylaws of an employe organization.
21      Section 405.     Each employe organization shall inform its
22   members concerning the provisions of this article.
23      Section 2.     The addition of sections 402, 403, 404 and 405 of
24   the act shall apply to collective bargaining agreements and
25   contracts entered into or extended or modified on or after the
26   effective date of this section.
27      Section 3.     This act shall not apply to employees who are
28   subject to the act of June 24, 1968 (P.L.237, No.111), referred
29   to as the Policemen and Firemen Collective Bargaining Act.
30      Section 4.     This act shall take effect in 60 days.

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