PRINTER'S NO. 205
No. 223 Session of 1995
INTRODUCED BY GODSHALL, PETTIT, FLICK, ARMSTRONG, MILLER, PETRONE, NAILOR, LYNCH, FICHTER, BARLEY, FARGO, FAIRCHILD, M. N. WRIGHT, NYCE, HUTCHINSON, BROWN, HERSHEY, TRUE, CLYMER, EGOLF, E. Z. TAYLOR, FAJT, LAWLESS, TANGRETTI, HANNA, VANCE, CLARK, MICOZZIE, MARSICO AND CARONE, JANUARY 24, 1995
REFERRED TO COMMITTEE ON EDUCATION, JANUARY 24, 1995
AN ACT 1 Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An 2 act relating to the public school system, including certain 3 provisions applicable as well to private and parochial 4 schools; amending, revising, consolidating and changing the 5 laws relating thereto," setting forth public policy relating 6 to strikes; and providing for assessments. 7 The General Assembly of the Commonwealth of Pennsylvania 8 hereby enacts as follows: 9 Section 1. The act of March 10, 1949 (P.L.30, No.14), known 10 as the Public School Code of 1949, is amended by adding a 11 section to read: 12 Section 1133-A. Public Policy Relating to Strikes; 13 Assessments.--(a) The Constitution of Pennsylvania requires the 14 General Assembly to provide for a thorough and efficient system 15 of public education. Existing law requires one hundred eighty 16 (180) days of instruction each year as established by the school 17 calendar. The scheduled one hundred eighty (180) days of 18 instruction are lost or rescheduled when a strike occurs. Days
1 lost or rescheduled are made up as much as possible by 2 cancelling scheduled vacation days and holidays and extending 3 the school year, resulting in severe disruption of the 4 educational process and family life. Guarantees for the 5 protection of the public health, safety and welfare are not kept 6 inviolate when instructional days are lost or rescheduled. 7 Therefore, it is the intent of the General Assembly that equal 8 financial assessments be imposed on those responsible for strike 9 disruptions. 10 (b) Whenever an instructional day, in accordance with the 11 officially adopted original calendar of instructional days 12 approved by the board of directors, is lost or rescheduled as 13 the result of a strike, each employe who participates in the 14 strike shall be assessed a sum equal to one one-hundred- 15 eightieth of that year's annual salary or wages for each day of 16 the strike. The school district shall be assessed by the 17 Commonwealth a sum equal to the total daily wages or salaries of 18 the striking employes from its Equalized Subsidy for Basic 19 Education (ESBE) payments calculated under Article XXV of this 20 act. In the case of an intermediate unit or area vocational- 21 technical school, the respective agency shall be assessed a sum 22 equal to the total daily wages or salaries of the striking 23 employes. The constituent districts of the respective agency 24 shall have a sum proportionate to the district's percentage of 25 enrollment deducted from the Equalized Subsidy for Basic 26 Education (ESBE) as provided for in Article XXV of this act. The 27 assessment paid by the employer shall not exceed the total 28 amount of annual subsidies due. The school district shall 29 deduct, in equal installments over the remaining pay periods, 30 the amount of the assessment it determines to be due under this 19950H0223B0205 - 2 -
1 section from the compensation payable to the assessed employe. 2 Assessments required under this section shall not be waived, 3 suspended or reduced after the signing of a collective 4 bargaining agreement or as a condition for the agreement. The 5 scheduling of days to make up instructional days lost because of 6 a strike shall not constitute a basis for a rescission of or a 7 setoff for an assessment owed by or deducted from the school 8 district or for the payment of compensation to a striking 9 employe under this section. Assessments due under this section 10 shall be paid in the school year in which the strike occurs. 11 (c) If a school district, intermediate unit or area 12 vocational-technical school uses the services of a person who is 13 not a member of the bargaining unit to discharge the duties of a 14 striking employe, the district, intermediate unit or vocational- 15 technical school shall pay the strike assessments required in 16 subsection (b). 17 Section 2. This act shall take effect immediately. L15L24JAM/19950H0223B0205 - 3 -