House Bill 785 looked like it might get some recent legislative action, but was then put on hold for future consideration. Under the bill, school districts and school entities would be required to notify nonunion members and new teachers in writing that there is no statutory obligation to make payments to the union or exclusive bargaining unit. HB 785 also formally removes the current Fair Share Fee law from state statute. This was made illegal by the June 2018 Janus U.S. Supreme Court ruling.
This legislation is vital so that educators are made aware of their free speech rights. The Pennsylvania teachers’ unions have inserted illegal Fair Share Fee clauses into 12 new contracts since the Janus Ruling. Even though nonunion members are not being charged, these actions violate the spirit of the Janus ruling and creates confusion among those who may not be aware of their rights. It appears that these unions wish to deceive educators into assuming that a law exists when, in fact, it does not. This shows dishonesty and reflects poorly on the teacher unions that not only let current Fair Share Fee clauses remain in newly bargained contracts, but also insert fee clauses into contracts where none existed before.
