PRIOR PRINTER'S NO. 829
PRINTER'S NO. 2650
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
845
Session of
2021
INTRODUCED BY ROWE, SANKEY, BERNSTINE, GLEIM, JAMES, KAUFFMAN,
KEEFER, METCALFE, B. MILLER, RYAN, ZIMMERMAN, ARMANINI AND
HAMM, MARCH 9, 2021
AS REPORTED FROM COMMITTEE ON LABOR AND INDUSTRY, HOUSE OF
REPRESENTATIVES, AS AMENDED, JANUARY 25, 2022
AN ACT
Providing for transparency in public employment collective
bargaining.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Public
Employment Collective Bargaining Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Employee organization." An "employe organization" as
defined in section 301(3) of the act of July 23, 1970 (P.L.563,
No.195), known as the Public Employe Relations Act.
"FINAL ARBITRATION AWARD." A FINAL AND BINDING ARBITRATION
AWARD ISSUED BY A BOARD OF ARBITRATION IN ACCORDANCE WITH THE
ACT OF JUNE 24, 1968 (P.L.237, NO.111), REFERRED TO AS THE
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POLICEMEN AND FIREMEN COLLECTIVE BARGAINING ACT.
"Proposed collective bargaining agreement." The terms of
bargaining between a public employer and an employee
organization that:
(1) apply to wages, benefits and working conditions; and
(2) are:
(i) reduced to writing;
(ii) agreed upon by designated representatives of
the:
(A) public employer; and
(B) employee organization; and
(iii) submitted for acceptance as a contract to the:
(A) public employer; and
(B) employee organization.
"Public employee." An employee of a public employer.
"Public employer." As defined in section 301(1) of the
Public Employe Relations Act.
Section 3. Conflict with other statutes.
(a) Scope.--This section applies to the following
provisions:
(1) Section 1125-A(g), (h) and (k) of the act of March
10, 1949 (P.L.30, No.14), known as the Public School Code of
1949.
(2) Section 7(a) of the act of June 24, 1968 (P.L.237,
No.111), referred to as the Policemen and Firemen Collective
Bargaining Act.
(b) Resolution.--In case of a conflict between this act and
a provision identified in subsection (a), the provision
identified in subsection (a) governs.
Section 4. Public notice.
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(a) Requirement.--A public employer must provide notice to
the public prior to accepting a proposed collective bargaining
agreement as a contract.:
(1) PRIOR TO ACCEPTING A PROPOSED COLLECTIVE BARGAINING
AGREEMENT AS A CONTRACT; AND
(2) AFTER THE ISSUANCE OF A FINAL ARBITRATION AWARD.
(b) Posting or publishing.--
(1) Except as specified in paragraph (2) (3), the notice
under subsection (a) must be posted on the public employer's
publicly accessible Internet website:
(i) beginning at least 14 days prior to acceptance;
and
(ii) ending 30 days after acceptance.
(I) BEGINNING AT LEAST 14 DAYS PRIOR TO ACCEPTANCE
AND ENDING 30 DAYS AFTER ACCEPTANCE, FOR A PROPOSED
COLLECTIVE BARGAINING AGREEMENT; OR
(II) BEGINNING WITHIN TWO BUSINESS DAYS OF THE
ISSUANCE OF A FINAL ARBITRATION AWARD AND ENDING 30 DAYS
AFTER THE INITIAL POSTING.
(2) NOTHING IN PARAGRAPH (1) SHALL PROHIBIT A PUBLIC
EMPLOYER FROM POSTING NOTICE OF A PROPOSED COLLECTIVE
BARGAINING AGREEMENT OR A FINAL ARBITRATION AWARD FOR A
PERIOD LONGER THAN THAT REQUIRED UNDER PARAGRAPH (1).
(2) (3) If a public employer does not have a publicly
accessible Internet website, the public employer must publish
the required notice once in a newspaper of general
circulation at least two weeks prior to accepting a proposed
collective bargaining agreement.:
(I) AT LEAST TWO WEEKS PRIOR TO ACCEPTING A PROPOSED
COLLECTIVE BARGAINING AGREEMENT; OR
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(II) WITHIN TWO WEEKS AFTER THE ISSUANCE OF A FINAL
ARBITRATION AWARD.
(3) (4) The notice must include the following:
(i) A statement of the terms of the proposed
collective bargaining agreement OR FINAL ARBITRATION
AWARD.
(ii) An estimate of the costs to the public employer
associated with the proposed collective bargaining
agreement OR FINAL ARBITRATION AWARD.
(c) Effect of noncompliance.--A collective bargaining
agreement entered into in violation of subsection (a) or (b)
shall be void.
Section 5. Right-to-Know Law.
The following are public records subject to AND SHALL BE
ACCESSIBLE FOR INSPECTION AND DUPLICATION IN ACCORDANCE WITH the
act of February 14, 2008 (P.L.6, No.3), known as the Right-to-
Know Law:
(1) A proposed collective bargaining agreement.
(2) Documents presented by a public employer or
received by a public employer from an employee organization
in the course of collective bargaining. A FINAL ARBITRATION
AWARD.
(3) ALL DOCUMENTS AND EVIDENCE OF RECORD SUBMITTED BY A
PARTY AT A HEARING OF A BOARD OF ARBITRATORS UNDER THE ACT OF
JUNE 24, 1968 (P.L.237, NO.111), REFERRED TO AS THE POLICEMEN
AND FIREMEN COLLECTIVE BARGAINING ACT, AFTER THE ISSUANCE OF
THE FINAL ARBITRATION AWARD.
Section 6. Effective date.
This act shall take effect in 60 days.
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