PRINTER'S NO. 638
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
592
Session of
2017
INTRODUCED BY DUSH, BLOOM, GROVE, MILLARD, MOUL, RYAN, SACCONE
AND ZIMMERMAN, FEBRUARY 24, 2017
REFERRED TO COMMITTEE ON STATE GOVERNMENT, FEBRUARY 24, 2017
AN ACT
Providing for notice and disclosure of proposed collective
bargaining agreements and related documents and for open
records.
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
Employer Collective Bargaining Transparency 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." As defined as "employe
organization" in section 301(3) of the act of July 23, 1970
(P.L.563, No.195), known as the Public Employe Relations Act.
"Proposed collective bargaining agreement." The terms of
bargaining between a public employer and an employee
organization that:
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
(1) apply to wages, hours, terms and conditions of
employment, benefits and working conditions; and
(2) are:
(i) Reduced to writing.
(ii) Agreed upon by designated representatives of
the public employer and the employee organization.
(iii) Submitted for acceptance as a contract to the
public employer and the employee organization.
"Public employee" or "employee." As defined as "public
employe" or "employe" in section 301(2) of the act of July 23,
1970 (P.L.563, No.195), known as the Public Employe Relations
Act.
"Public employer." As defined in section 301(1) of the act
of July 23, 1970 (P.L.563, No.195), known as the Public Employe
Relations Act. The term does not include any of the following:
(1) A nonprofit organization or institution.
(2) A charitable, religious, scientific, literary,
recreational, health, educational or welfare institution
receiving grants or appropriations from Federal, State or
local government.
(3) A State-related institution as defined in 62 Pa.C.S.
ยง 103 (relating to definitions).
Section 3. Notice of proposed collective bargaining agreement.
(a) Notice.--A public employer shall provide notice prior to
signing a proposed collective bargaining agreement. The notice
shall include all of the following:
(1) A statement of the terms of the proposed collective
bargaining agreement.
(2) An estimate of the costs to the public employer
associated with the proposed collective bargaining agreement.
20170HB0592PN0638 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(b) Posting.--The notice required shall be posted on the
public employer's publicly accessible Internet website beginning
at least two weeks prior to the signing of the proposed
collective bargaining agreement and continuing until at least 30
days after the signing of the collective bargaining agreement.
If a public employer does not have a publicly accessible
Internet website, the public employer must publish in printed
format the required notice once at least two weeks prior to the
signing of the proposed collective bargaining agreement and make
the notice publicly accessible in the main office of the public
employer.
(c) Unenforceability.--A collective bargaining agreement
executed without providing the notice required under this
section shall be void and unenforceable in its entirety.
Section 4. Internet access to approved collective bargaining
agreement.
Ten business days after an employee representative and public
employer execute a proposed collective bargaining agreement, the
public employer shall transmit the collective bargaining
agreement to the Office of Administration where it shall be
posted on the Office of Administration's publicly accessible
Internet website within 10 business days of receipt.
Section 5. Open records.
Notwithstanding section 708(b)(8) of the act of February 14,
2008 (P.L.6, No.3), known as the Right-to-Know Law, the
following records shall be accessible by a requester:
(1) A proposed collective bargaining agreement made by a
public employer or received by a public employer from an
employee organization.
(2) Any documents that are presented by a public
20170HB0592PN0638 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
employer or received by a public employer from an employee
organization in the course of collective bargaining.
Section 6. Effective date.
This act shall take effect in 30 days.
20170HB0592PN0638 - 4 -
1
2
3
4