PRINTER'S NO. 1074
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
829
Session of
2017
INTRODUCED BY STREET AND COSTA, JULY 6, 2017
REFERRED TO LABOR AND INDUSTRY, JULY 6, 2017
AN ACT
Amending the act of July 23, 1970 (P.L.563, No.195), entitled
"An act establishing rights in public employes to organize
and bargain collectively through selected representatives;
defining public employes to include employes of nonprofit
organizations and institutions; providing compulsory
mediation and fact-finding, for collective bargaining
impasses; providing arbitration for certain public employes
for collective bargaining impasses; defining the scope of
collective bargaining; establishing unfair employe and
employer practices; prohibiting strikes for certain public
employes; permitting strikes under limited conditions;
providing penalties for violations; and establishing
procedures for implementation," in collective bargaining
impasse, further providing for collective bargaining impasse;
providing for Southeastern Pennsylvania Transportation
Authority Collective Bargaining; and, in strikes, further
providing for strikes.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of July 23, 1970 (P.L.563, No.195), known
as the Public Employe Relations Act, is amended by adding a
section to read:
Section 808. A dispute or impasse between the Southeastern
Pennsylvania Transportation Authority and public employes shall
be governed by Article VIII-A.
Section 2. The act is amended by adding an article to read:
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ARTICLE VIII-A
SOUTHEASTERN PENNSYLVANIA TRANSPORTATION
AUTHORITY COLLECTIVE BARGAINING
Section 801-A. Definitions.
"SEPTA." The Southeastern Pennsylvania Transportation
Authority.
Section 802-A. Collective bargaining.
Notwithstanding any other provisions of this act, collective
bargaining between SEPTA and the representative of the public
employees shall begin at least six months before the expiration
of the current contract. A request for arbitration under this
article shall be made at least 90 days before the contract
expires.
Section 803-A. Impasse.
If a dispute or impasse arises in the collective bargaining
process between SEPTA and the representative of the public
employees, either party to the dispute or impasse, after written
notice to the other party containing specifications of the issue
in dispute, may request the appointment of a board of
arbitrators under section 804-A. For purposes of this section, a
dispute or impasse shall be deemed to occur if the parties do
not reach a settlement of the dispute by written agreement
within 60 days after the collective bargaining proceeding has
been initiated.
Section 804-A. Board of arbitrators.
(a) Selection.--A board of arbitrators shall be selected as
follows:
(1) Each party to the dispute or impasse shall select
one member within five days of the date of the request for
the appointment of a board of arbitrators. The two members
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selected shall select the third member.
(2) If the members selected are unable to agree upon the
third member with 10 days from the date of their selection,
the American Arbitration Association shall submit a list of
three individuals from the American Arbitration Association
and each party shall alternately strike one name until one
name remains. Within five days after publication of the list,
SEPTA shall strike the first name. Within five days after the
first name is stricken, the representative of the public
employees shall eliminate one name from the list. The
individual remaining shall be the third member and
chairperson of the board of arbitrators.
(b) Powers.--Each member of the board of arbitrators shall
have the power to administer an oath, compel the appearance of a
witness and subpoena physical evidence.
Section 805-A. Arbitration proceedings.
The board of arbitrators shall commence arbitration
proceedings within 10 days after the third member is selected
and shall make its determination within 45 days.
Section 806-A. Final determination.
The determination of the majority of the board of arbitrators
shall be final and binding upon SEPTA, acting through SEPTA's
general manager and the public employees involved. The
determination shall be in writing and a copy of the
determination shall be forwarded to both parties. The final
determination may not be appealed.
Section 807-A. Compensation.
The compensation, if any, of a member of the board of
arbitrators appointed by the representative of the public
employees shall be paid by the public employees. The
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compensation of the other two arbitrators and all stenographic
and other expenses incurred by the board of arbitrators in
connection with the arbitration proceedings shall be paid by
SEPTA.
Section 3. Section 1001 of the act is amended to read:
Section 1001. Strikes by guards at prisons or mental
hospitals, [or] employes directly involved with and necessary to
the functioning of the courts of this Commonwealth or employees
of the Southeastern Pennsylvania Transportation Authority are
prohibited at any time. If a strike occurs the public employer
shall forthwith initiate in the court of common pleas of the
jurisdiction where the strike occurs, an action for appropriate
equitable relief including but not limited to injunctions. If
the strike involves Commonwealth employes, the chief legal
officer of the public employer or the Attorney General where
required by law shall institute an action for equitable relief,
either in the court of common pleas of the jurisdiction where
the strike has occurred or the Commonwealth Court.
Section 4. This act shall take effect in 60 days.
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