PRINTER'S NO. 631
No. 602 Session of 1981
INTRODUCED BY MICOZZIE, CIVERA, ARTY, SPITZ, PUCCIARELLI,
DONATUCCI, FREIND AND WASS, FEBRUARY 17, 1981
REFERRED TO COMMITTEE ON LABOR RELATIONS, FEBRUARY 17, 1981
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," establishing special
14 procedures to handle negotiation impasses with public school
15 employes.
16 The General Assembly of the Commonwealth of Pennsylvania
17 hereby enacts as follows:
18 Section 1. The act of July 23, 1970 (P.L.563, No.195), known
19 as the "Public Employe Relations Act," is amended by adding a
20 section to read:
21 Section 808. (a) Notwithstanding any other provision of
22 this article, all public school employes shall be subject to the
23 special provisions set forth in this section relating to a
24 negotiation impasse and the ultimate settlement of such
1 negotiation impasse.
2 (b) It shall be a condition precedent to commencement of
3 bargaining that either party wishing to negotiate new contract
4 terms must notify the other party and the Bureau of Mediation
5 Services of their intent to bargain for new contract terms to be
6 effective in the upcoming fiscal year no later than one hundred
7 twenty days prior to the end of the fiscal year.
8 (c) No later than ninety days prior to the end of the fiscal
9 year of the public employer, the party wishing to initiate
10 bargaining should submit to the other party, and to the Bureau
11 of Mediation Services:
12 (1) notice of contract termination; and
13 (2) new contract proposals. Failure to give notice of intent
14 to negotiate, or to submit proposals by ninety days before the
15 end of the fiscal year, constitutes a waiver of the right to
16 bargain for a contract to be in effect in the following fiscal
17 year. In such a case the existing contract would be
18 automatically deemed to continue in effect for another year.
19 (d) If no settlement is reached by sixty days prior to the
20 end of the fiscal year, a state of mediation will commence
21 automatically, and it shall be the duty of the Bureau of
22 Mediation to contact the parties and begin mediation forthwith,
23 subject to the discretion of the mediator as to the extent of
24 his or her involvement.
25 (e) If no settlement is reached by thirty days prior to the
26 end of the fiscal year, either party, or the Pennsylvania Labor
27 Relations Board may initiate by notice, fact-finding, to be
28 carried out under the following terms:
29 (1) A single fact-finder would be appointed by the
30 Pennsylvania Labor Relations Board.
19810H0602B0631 - 2 -
1 (2) The fact-finder shall be empowered to hold hearings
2 which may be open to the public at the fact-finder's discretion,
3 take oral or written testimony, and have subpoena power.
4 (3) The fact-finder shall issue a report, which may include
5 recommendations or specific findings of fact or both, to the
6 parties at least ten days prior to the end of the fiscal year,
7 unless otherwise agreed to by the parties.
8 (4) The parties shall accept or reject the report of the
9 fact-finder within five days after receipt of the report. The
10 report shall be published in the same manner as is provided in
11 section 106 of the act of March 10, 1949 (P.L.30, No.14), known
12 as the "Public School Code of 1949."
13 (5) If the fact-finder's report is rejected, the report
14 shall be published along with a statement of who accepted, and
15 who rejected, the report.
16 (6) The costs of the fact-finding shall be shared equally
17 between the parties.
18 (f) Mediation shall continue during the fact-finding
19 process.
20 Section 2. All acts and parts of acts are repealed insofar
21 as they are inconsistent herewith.
22 Section 3. This act shall take effect in 60 days.
B6L24JR/19810H0602B0631 - 3 -