§ 7a.115. Existing rights and relationships.
(a) Nothing in this subchapter shall be construed to limit communication between or among Commonwealth employees, representatives of employee associations, the heads of executive branch agencies and the Governor. This subchapter may not be construed or interpreted to diminish any rights, responsibilities, powers or duties of individual employees in their service to the Commonwealth. This subchapter does not diminish or infringe upon any rights, responsibilities, powers or duties conferred upon any officer or agency by the Constitution or laws of the Commonwealth.
(b) Nothing in this subchapter shall be interpreted to grant direct care workers the status of Commonwealth employees. The provisions of this subchapter may not be construed or interpreted to create collective bargaining rights or a collective bargaining agreement under any Federal or State law.
(c) Nothing in this subchapter or in any memorandum of mutual understanding that may be reached hereunder shall alter the unique relationship between the individual participants and direct care workers. Participants shall retain the rights to select, hire, terminate and supervise a direct care worker. This subchapter is not intended to grant any right, or to imply that direct care workers have any right, to engage in a strike or other collective cessation of the delivery of services.
(d) Nothing in this subchapter, or in any memorandum of mutual understanding that is reached hereunder, shall alter the rights of direct care workers, including the right to become a member of a labor organization or to refrain from becoming a member of labor organization.
(e) In accordance with all applicable Federal and Commonwealth laws, all existing or future vendors or contractors providing financial management services for the Commonwealth shall refrain from interfering with a direct care worker’s decision to join or refrain from joining a labor organization.
(f) This subchapter and any memorandum of mutual understanding reached hereunder may not be interpreted to require a direct care worker to support a labor organization in any way.
(g) Nothing in this subchapter, or in any memorandum of mutual understanding that is reached thereunder, shall limit a direct care worker’s ability, individually or in concert with others, to petition the Commonwealth regarding any issue of concern.
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