| |
| PRIOR PRINTER'S NO. 1733 | PRINTER'S NO. 1750 |
|
| |
| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
| |
| SENATE BILL |
|
| |
| |
| INTRODUCED BY EARLL, SCHWANK, EICHELBERGER, YAW, VANCE, SMUCKER, BLAKE, FOLMER, PICCOLA, ROBBINS AND FONTANA, OCTOBER 31, 2011 |
| |
| |
| SENATOR EICHELBERGER, LOCAL GOVERNMENT, AS AMENDED, NOVEMBER 1, 2011 |
| |
| |
| |
| AN ACT |
| |
1 | Amending the act of July 10, 1987 (P.L.246, No.47), entitled "An |
2 | act empowering the Department of Community Affairs to declare |
3 | certain municipalities as financially distressed; providing |
4 | for the restructuring of debt of financially distressed |
5 | municipalities; limiting the ability of financially |
6 | distressed municipalities to obtain government funding; |
7 | authorizing municipalities to participate in Federal debt |
8 | adjustment actions and bankruptcy actions under certain |
9 | circumstances; and providing for consolidation or merger of |
10 | contiguous municipalities to relieve financial distress," in |
11 | coordination plans, further providing for collective |
12 | bargaining; in consolidation and merger, further providing |
13 | for collective bargaining; in financial distress for third |
14 | class cities, further providing for consent decrees; and, in |
15 | receivership for third class cities, further providing for |
16 | confirmation. |
17 | The General Assembly of the Commonwealth of Pennsylvania |
18 | hereby enacts as follows: |
19 | Section 1. Sections 252 and 408 of the act of July 10, 1987 |
20 | (P.L.246, No.47), known as the Municipalities Financial Recovery |
21 | Act, are amended to read: |
22 | Section 252. Plan not affected by certain collective bargaining |
23 | [agreements or settlements] matters. |
24 | A collective bargaining agreement, contract or [arbitration] |
|
1 | settlement executed, and a collective bargaining arbitration |
2 | award rendered, after the adoption of a plan shall not in any |
3 | manner violate, expand or diminish its provisions. |
4 | Section 408. Collective bargaining [agreements] matters; |
5 | furlough of employees; disputes. |
6 | (a) Collective bargaining agreements, contracts, |
7 | [agreements] settlements or arbitration awards.--A collective |
8 | bargaining agreement [or], contract or settlement in existence |
9 | in a municipality or an arbitration award in effect in a |
10 | municipality prior to a consolidation or merger shall remain |
11 | effective after consolidation or merger until [the contract, |
12 | agreements or awards expire. After the expiration of the |
13 | contracts, agreements or awards, a] it expires. A subsequent |
14 | collective bargaining agreement, settlement, contract or |
15 | arbitration award shall not [impair the implementation] in any |
16 | manner violate, expand or diminish the provisions of a plan |
17 | adopted pursuant to this act. |
18 | (b) Reduction in existing work force.--Subsequent to |
19 | consolidation or merger, the consolidated or merged municipality |
20 | may, in accordance with existing collective bargaining |
21 | agreements, contracts, settlements or arbitration award |
22 | provisions, and consistent with applicable laws, reduce the |
23 | number of uniformed and nonuniformed employees to avoid |
24 | overstaffing and duplication of positions in the consolidated or |
25 | merged municipality. If a consolidated or merged municipality |
26 | determines in its discretion that it is necessary to increase |
27 | the number of uniformed or nonuniformed employees, employees of |
28 | the constituent municipalities shall be reinstated in the order |
29 | of their seniority if they had been previously furloughed. |
30 | (c) Disputes.--The Pennsylvania Labor Relations Board shall |
|
1 | have jurisdiction to determine labor disputes or controversies, |
2 | except those arising out of interpretation or construction of a |
3 | collective bargaining agreement containing provision for binding |
4 | arbitration, between the consolidated or merged municipality and |
5 | its employees. |
6 | [(d) Effect on existing law.--Nothing in this section shall | <-- |
7 | prohibit a consolidated or merged municipality from exercising |
8 | its powers and responsibilities pursuant to provisions of law |
9 | related to collective bargaining, including, but not limited to, |
10 | the act of June 24, 1968 (P.L.237, No.111), referred to as the |
11 | Policemen and Firemen Collective Bargaining Act, and the act of |
12 | July 23, 1970 (P.L.563, No.195), known as the Public Employe |
13 | Relations Act.] | <-- |
14 | Section 2. Sections 607(f) and 704 of the act, added October |
15 | 20, 2011 (P.L.318, No.79), are amended to read: |
16 | Section 607. Consent agreement. |
17 | * * * |
18 | (f) Collective bargaining.--A collective bargaining |
19 | agreement, contract or [arbitration] settlement executed, and a |
20 | collective bargaining arbitration award rendered, following |
21 | enactment of an ordinance under this section may not in any |
22 | manner violate, expand or diminish the provisions of the consent |
23 | agreement. |
24 | Section 704. Confirmation. |
25 | (a) Effect of confirmation.--The confirmation of the |
26 | recovery plan and any modification to the receiver's plan under |
27 | section 703 shall have the effect of: |
28 | (1) imposing on the elected and appointed officials of |
29 | the distressed city or an authority a mandatory duty to |
30 | undertake the acts set forth in the recovery plan; |
|
1 | (2) suspending the authority of the elected and |
2 | appointed officials of the distressed city or an authority to |
3 | exercise power on behalf of the distressed city or authority |
4 | pursuant to law, charter, ordinance, rule or regulation to |
5 | the extent that the power would interfere with the powers |
6 | granted to the receiver or the goals of the recovery plan; |
7 | and |
8 | (3) superseding the emergency action plan developed by |
9 | the secretary under section 602. |
10 | (b) Form of government.--Confirmation of the recovery plan |
11 | and any modification to the plan under section 703 shall not be |
12 | construed to: |
13 | (1) change the form of government of the distressed city |
14 | or an authority; or |
15 | (2) except as set forth in subsection (a), affect powers |
16 | and duties of elected and appointed officials of the |
17 | distressed city or an authority. |
18 | (c) Collective bargaining.--A collective bargaining |
19 | agreement, contract or [arbitration] settlement executed, and a |
20 | collective bargaining arbitration award rendered, after |
21 | confirmation of a recovery plan may not in any manner violate, |
22 | expand or diminish the provisions of the recovery plan. |
23 | Section 3. This act shall take effect in 60 days. |
|