PRINTER'S NO. 1589
No. 1399 Session of 1979
INTRODUCED BY SCIRICA, GLADECK AND BOWSER, MAY 24, 1979
REFERRED TO COMMITTEE ON LABOR RELATIONS, MAY 25, 1979
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," further providing for
14 collective bargaining agreements and providing for item by
15 item arbitration in certain cases.
16 The General Assembly of the Commonwealth of Pennsylvania
17 hereby enacts as follows:
18 Section 1. Sections 703 and 802, act of July 23, 1970
19 (P.L.563, No.195), known as the "Public Employe Relations Act,"
20 are amended to read:
21 Section 703. [The] Except as provided in section 802(b), the
22 parties to the collective bargaining process shall not effect or
23 implement a provision in a collective bargaining agreement if
24 the implementation of that provision would be in violation of,
25 or inconsistent with, or in conflict with any statute or
1 statutes enacted by the General Assembly of the Commonwealth of
2 Pennsylvania or the provisions of municipal home rule charters.
3 Section 802. (a) Once mediation has commenced, it shall
4 continue for so long as the parties have not reached an
5 agreement. If, however, an agreement has not been reached within
6 twenty days after mediation has commenced or in no event later
7 than one hundred thirty days prior to the "budget submission
8 date," the Bureau of Mediation shall notify the board of this
9 fact. Upon receiving such notice the board may in its discretion
10 appoint a fact-finding panel which panel may consist of either
11 one or three members. If a panel is so designated or selected it
12 shall hold hearings and take oral or written testimony and shall
13 have subpoena power. If during this time the parties have not
14 reached an agreement, the panel shall make findings of fact and
15 recommendations:
16 (1) The findings of fact and recommendations shall be sent
17 by registered mail to the board and to both parties not more
18 than forty days after the Bureau of Mediation has notified the
19 board as provided in the preceding paragraph.
20 (2) Not more than ten days after the findings and
21 recommendations shall have been sent, the parties shall notify
22 the board and each other whether or not they accept the
23 recommendations of the fact-finding panel and if they do not,
24 the panel shall publicize its findings of fact and
25 recommendations.
26 (3) Not less than five days nor more than ten days after the
27 publication of the findings of fact and recommendations, the
28 parties shall again inform the board and each other whether or
29 not they will accept the recommendations of the fact-finding
30 panel.
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1 (4) The Commonwealth shall pay one-half the cost of the
2 fact-finding panel; the remaining one-half of the cost shall be
3 divided equally between the parties. The board shall establish
4 rules and regulations under which panels shall operate,
5 including, but not limited to, compensation for panel members.
6 (b) If the impasse is not resolved ninety days prior to the
7 budget submission date, the court of common pleas of the county
8 in which the dispute is located or the Commonwealth Court in the
9 case of a dispute involving the Commonwealth may upon petition
10 by either party to the court of common pleas, in the county in
11 which the dispute is located, or the Commonwealth Court in case
12 of a dispute involving the Commonwealth submit the dispute to
13 final item-by-item offer arbitration. The court shall select one
14 individual to serve as the arbitrator. The arbitrator, acting as
15 a master of the court of common pleas or the Commonwealth Court,
16 shall identify the issues in dispute and direct each of the
17 parties to submit its final offer of settlement within ten days.
18 A copy of such offer shall be served upon the opposing parties.
19 Such final offer shall contain a proposal on each of the
20 disputed issues identified by the arbitrator. The arbitrator
21 shall present his opinion in writing within forty-five days of
22 the budget submission date to the appropriate court and shall
23 mail or otherwise deliver a true copy thereof to the parties and
24 their representatives and to the board. The arbitrator shall
25 adopt as his opinion the last offer of settlement on each issue
26 which the arbitrator believes to be more reasonable. The
27 arbitrator shall take into consideration and accord substantial
28 weight to the financial ability of the public employer to pay
29 the cost of any increase in wages or fringe benefits. "Financial
30 ability to pay" shall mean the financial ability of the public
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1 employer to pay the cost of any increase in wages or fringe
2 benefits without requiring an increase in the level of taxes
3 existing at the time of the commencement of mediation or binding
4 arbitration.
5 (c) The court of common pleas or the Commonwealth Court
6 shall issue the arbitration order and shall direct the parties
7 to comply with the order as finalized by the arbitrator. The
8 arbitration order shall be final and binding upon both parties.
9 The award of the arbitrator is binding and may not be vacated or
10 modified by a court of this Commonwealth unless it is clearly
11 shown that a party was denied a hearing or that fraud,
12 misconduct, corruption or other irregularity caused the
13 rendition of an unjust, inequitable or unconscionable award.
14 Section 2. Section 1003 of the act is repealed.
15 Section 3. This act shall take effect immediately.
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