PRINTER'S NO. 3036
No. 2421 Session of 1993
INTRODUCED BY MURPHY, MIHALICH, GIGLIOTTI, McNALLY AND MELIO,
DECEMBER 15, 1993
REFERRED TO COMMITTEE ON LABOR RELATIONS, DECEMBER 15, 1993
AN ACT
1 Authorizing collective bargaining between emergency medical
2 service employees and cities of the second class; providing
3 for arbitration in order to settle disputes and requiring
4 compliance with collective bargaining agreements and findings
5 of arbitrators.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Right of collective bargaining.
9 Emergency medical service personnel employed by a city of the
10 second class shall, through labor organizations or other
11 representatives designated by 50% or more of emergency medical
12 service employees, have the right to bargain collectively with
13 their employer concerning the terms and conditions of their
14 employment, including compensation, hours, working conditions,
15 retirement, pensions and other benefits, and shall have the
16 right to an adjustment or settlement of their grievances or
17 disputes in accordance with the terms of this act.
18 Section 2. Duty to bargain.
19 It shall be the duty of cities of the second class and their
1 emergency medical service employees to exert every reasonable
2 effort to settle all disputes by engaging in collective
3 bargaining in good faith and by entering into settlements by way
4 of written agreements and maintaining the same.
5 Section 3. Commencement of collective bargaining.
6 Collective bargaining shall begin at least six months before
7 the start of the fiscal year of the second class city and any
8 request for arbitration, as provided in this act, shall be made
9 at least 110 days before the start of the fiscal year.
10 Section 4. Arbitration.
11 (a) Requests for arbitration.--If, in any case of a dispute
12 between a city of the second class and its emergency medical
13 service employees, the collective bargaining process reaches an
14 impasse and stalemate or if the city council does not approve
15 the agreement reached by collective bargaining, with the result
16 that the employers and employees are unable to effect a
17 settlement, then either party to the dispute, after written
18 notice to the other party containing specifications of the issue
19 or issues in dispute, may request the appointment of a board of
20 arbitration.
21 (b) Board of arbitration.--The board of arbitration shall be
22 composed of three persons, one appointed by the city of the
23 second class, one appointed by the body of emergency medical
24 service employees involved and a third member to be agreed upon
25 by the city of the second class and emergency medical service
26 employees. The members of the board representing the city of the
27 second class and the emergency medical service employees shall
28 be named within five days from the date of the request for the
29 appointment of a board. If, after a period of ten days from the
30 date of the appointment of the two arbitrators appointed by the
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1 city of the second class and by the emergency medical service
2 employees, the third arbitrator has not been selected by them,
3 then either arbitrator may request the American Arbitration
4 Association, or its successor in function, to furnish a list of
5 three members of the association who are residents of this
6 Commonwealth from which the third arbitrator shall be selected.
7 The arbitrator appointed by the city of the second class shall
8 eliminate one name from the list within five days after
9 publication of the list, following which the arbitrator
10 appointed by the emergency medical service employees shall
11 eliminate one name from the list within five days thereafter.
12 The individual whose name remains on the list shall be the third
13 arbitrator and shall act as chairman of the board of
14 arbitration. The board of arbitration thus established shall
15 commence the arbitration proceedings within ten days after the
16 third arbitrator is selected and shall make its determination
17 within 30 days after the appointment of the third arbitrator.
18 (c) Definitions.--For purposes of this section, an "impasse
19 or stalemate" shall be deemed to occur in the collective
20 bargaining process if the parties do not reach a settlement of
21 the issue or issues in dispute by way of a written agreement
22 within 30 days after collective bargaining proceedings have been
23 initiated. The agreement shall be deemed not approved within the
24 meaning of this section if it is not approved by the city
25 council within one month after the agreement is reached by way
26 of collective bargaining.
27 Section 5. Notice.
28 Notice by the emergency medical service employees involved
29 under section 4 shall be served upon the head of the governing
30 body of the second class city.
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1 Section 6. Powers of arbitrators.
2 Each of the arbitrators selected in accordance with section 4
3 shall have the power to administer oaths and compel the
4 attendance of witnesses and physical evidence by subpoena.
5 Section 7. Implementation of arbitrators' award.
6 (a) Determination of board.--The determination of the
7 majority of the board of arbitration thus established shall be
8 final on the issue or issues in dispute and shall be binding
9 upon the city of the second class and the emergency medical
10 service employees involved. Such determination shall be in
11 writing, and a copy thereof shall be forwarded to both parties
12 to the dispute. No appeal therefrom shall be allowed to any
13 court. Such determination shall constitute a mandate to the head
14 of the city of the second class with respect to matters which
15 can be remedied by administrative action and to the lawmaking
16 body of the city of the second class with respect to matters
17 which require legislative action to take the action necessary to
18 carry out the determination of the board of arbitration.
19 (b) Legislative action.--With respect to matters which
20 require legislative action for implementation, such legislation
21 shall be enacted within one month following publication of the
22 findings. The effective date of any such legislation shall be
23 the first day of the fiscal year following the fiscal year
24 during which the legislation is thus enacted.
25 Section 8. Compensation.
26 The compensation, if any, of the arbitrator appointed by the
27 emergency medical service employees shall be paid by them. The
28 compensation of the other two arbitrators, as well as all
29 stenographic and other expenses incurred by the arbitration
30 panel in connection with the arbitration proceedings, shall be
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1 paid by the city of the second class.
2 Section 9. Effective date.
3 This act shall take effect immediately.
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