PRINTER'S NO. 2044
No. 1625 Session of 1983
INTRODUCED BY MANDERINO, GALLAGHER, FISCHER, BURNS AND
O'DONNELL, OCTOBER 25, 1983
REFERRED TO COMMITTEE ON EDUCATION, OCTOBER 25, 1983
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," providing for collective bargaining
6 in cases of professional employee termination.
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. Collective Bargaining for Public Employes.--
13 Nothing contained in section 1121 through 1132 shall be
14 construed to supersede or preempt any provision of a collective
15 bargaining agreement, in effect on July 23, 1970 or on any date
16 subsequent thereto, negotiated by a school entity and an
17 exclusive representative of the employes in accordance with the
18 act of July 23, 1970 (P.L.563, No.195), known as the "Public
19 Employe Relations Act," which provides for the right of the
1 exclusive representative to grieve and arbitrate the validity of
2 a professional employe's termination for the causes set forth in
3 section 1122 of this act; however, no agreement shall prohibit
4 the right of a professional employe from exercising his or her
5 rights under the provisions of this act. However, if within ten
6 (10) days after the receipt of the detailed written statement
7 and notice as required by section 1127 of this act, the
8 professional employe chooses to exercise his or her right to a
9 hearing, any provision of the collective bargaining agreement
10 relative to the right of the exclusive representative to grieve
11 or arbitrate the termination of such professional employe shall
12 be void.
13 Section 2. This act shall take effect in 60 days.
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