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PRINTER'S NO. 1843
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1295
Session of
2024
INTRODUCED BY HUGHES, TARTAGLIONE, KANE, FONTANA, SAVAL,
SANTARSIERO, BREWSTER AND COSTA, JULY 24, 2024
REFERRED TO LABOR AND INDUSTRY, JULY 24, 2024
AN ACT
Providing for duties of public employers relating to public
employee information.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Public
Employer Disclosure Act.
Section 2. Scope of act.
This act relates to the duties of public employers relating
to public employee information.
Section 3. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Employee organization." An organization or an agency or
employee representation committee or plan in which membership is
limited to public employees and which exists for the purpose, in
whole or in part, of dealing with public employers concerning
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grievances, public employee-public employer disputes, wages,
rates of pay, hours of employment or conditions of work. The
term does not include an organization which practices
discrimination in membership because of race, color, creed,
national origin or political affiliation.
"Public employee." An individual employed by a public
employer. The term does not include elected officials,
appointees of the Governor with the advice and consent of the
Senate as required by law, management level employees,
confidential employees, clergymen or other persons in a
religious profession, employees or personnel at church offices
or facilities when utilized primarily for religious purposes.
"Public employer." The Commonwealth, its political
subdivisions, including school districts and any officer, board,
commission, agency, authority or other instrumentality thereof,
a nonprofit organization or institution and any charitable,
religious, scientific, literary, recreational, health,
educational or welfare institution receiving grants or
appropriations from the Federal, State or local government. The
term does not include employers covered or presently subject to
coverage under the act of June 1, 1937 (P.L.1168, No.294), known
as the Pennsylvania Labor Relations Act.
"Representative." An individual who is authorized to act on
behalf of an employee organization for public employees.
Section 4. Duties of public employer.
(a) General rule.--A public employer shall provide to a
representative, if the public employer has the information in
the public employer's records, the following information for
each public employee:
(1) The public employee's name and date of hire.
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(2) The public employee's contact information, including
cell phone number, home telephone number, work telephone
number, work email address and personal email address.
(3) The public employee's job title, salary or rate of
pay, work site location or duty station.
(b) Transmittal of information.--
(1) Subject to paragraph (2), a public employer shall
provide the information required under subsection (a), in an
easily searchable electronic format, to the representative.
The information shall be transmitted as follows:
(i) For a newly hired public employee in a
bargaining unit, no later than 21 business days after the
date of hire.
(ii) For all public employees in a bargaining unit,
no less than once every 120 days.
(2) If there is a State-level representative for the
employee organization for a bargaining unit, the public
employer may elect to provide the information only to the
State-level representative.
(c) Meeting space.--Upon request, the public employer shall
make space and time available for an employee organization to
meet with public employees on a quarterly basis each year. The
employee organization shall request the space and time no less
than 10 business days before a meeting. Within five business
days of a request, the public employer shall notify public
employees of the time and location of the meeting.
Section 5. Use of information.
An employee organization may only use the information
provided under section 4 for representation purposes. The
employee organization may not sell or provide access to the
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information provided under section 4 for any purpose other than
as permitted under this act unless otherwise authorized under a
collective bargaining agreement entered into between a public
employer and a representative of the public employees under the
act of July 23, 1970 (P.L.563, No.195), known as the Public
Employe Relations Act.
Section 6. Failure to comply.
If a public employer fails to comply with the provisions of
this act, the employee organization may bring an action in a
court of appropriate jurisdiction to compel compliance. The
court may order the public employer to pay costs and reasonable
attorney fees incurred by the employee organization for bringing
the action.
Section 7. Collective bargaining agreement.
Nothing in this act shall be construed to prohibit a
collective bargaining agreement from requiring more frequent
transmittal of public employee information than required under
section 4(b).
Section 8. Effective date.
This act shall take effect in 90 days.
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