PRINTER'S NO. 2906
No. 2218 Session of 1976
INTRODUCED BY CRAWFORD, BUTERA, PARKER, ZELLER, THOMAS, CESSAR,
FAWCETT, McGINNIS, POLITE, PITTS, VROON AND DeVERTER,
MARCH 11, 1976
REFERRED TO COMMITTEE ON LABOR RELATIONS, MARCH 22, 1976
AN ACT
1 Amending the act of April 9, 1929 (P.L.177, No.175), entitled
2 "An act providing for and reorganizing the conduct of the
3 executive and administrative work of the Commonwealth by the
4 Executive Department thereof and the administrative
5 departments, boards, commissions, and officers thereof,
6 including the boards of trustees of State Normal Schools, or
7 Teachers Colleges; abolishing, creating, reorganizing or
8 authorizing the reorganization of certain administrative
9 departments, boards, and commissions; defining the powers and
10 duties of the Governor and other executive and administrative
11 officers, and of the several administrative departments,
12 boards, commissions, and officers; fixing the salaries of the
13 Governor, Lieutenant Governor, and certain other executive
14 and administrative officers; providing for the appointment of
15 certain administrative officers, and of all deputies and
16 other assistants and employes in certain departments, boards,
17 and commissions; and prescribing the manner in which the
18 number and compensation of the deputies and all other
19 assistants and employes of certain departments, boards and
20 commissions shall be determined," providing for certain
21 employment standards in the Department of Transportation.
22 The General Assembly of the Commonwealth of Pennsylvania
23 hereby enacts as follows:
24 Section 1. The act of April 9, 1929 (P.L.177, No.175), known
25 as "The Administrative Code of 1929," is amended by adding a
26 section to read:
27 Section 2013. Departmental Employment Standards.--(a) The
1 department in conjunction with the Civil Service Commission
2 shall establish appropriate employment qualification examination
3 standards, appropriate occupational experience requirements and
4 appropriate educational experience requirements in lieu of
5 occupational experience requirements for each employment
6 position and each employment position hereafter created in the
7 department: Provided, That said employment position is not
8 subject to the provisions of the Civil Service Act: And,
9 provided further, That said employment position is not subject
10 to a collective bargaining agreement executed pursuant to the
11 Public Employe Relations Act.
12 (b) The department shall submit the employment requirements
13 and examination standards established under this section to the
14 Executive Board for final approval within sixty (60) days after
15 this act takes effect or sixty (60) days after an employment
16 position is created whichever is applicable.
17 (c) The Executive Board shall resolve any dispute between
18 the department and the Civil Service Commission with respect to
19 appropriate examination standards, occupational experience
20 requirements and educational experience requirements.
21 (d) The department shall submit a final report to the
22 General Assembly within one hundred twenty (120) days after this
23 act takes effect, which report shall set forth in detail the
24 manner in which this section has been implemented.
25 (e) The Civil Service Commission shall administer a written
26 employment qualification examination based upon the employment
27 examination qualification standards established by the
28 department and approved by the Executive Board. A passing grade
29 in the written employment qualification examination shall be a
30 condition for retaining or obtaining any employment position
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1 existing or hereinafter created in the department subject to the
2 provisions of this act.
3 (f) In addition to employment positions covered under civil
4 service and employment positions subject to a collective
5 bargaining agreement executed pursuant to the act of July 23,
6 1970 (P.L.563, No.195), known as the "Public Employe Relations
7 Act," the following positions in the Department of
8 Transportation shall be excluded from the provisions of this
9 section: (1) positions which may only be filled by a person who
10 has been confirmed by the Senate; and (2) positions which may
11 only be filled by persons qualified to practice law in the
12 Commonwealth provided any such person is approved by the
13 Attorney General.
14 Section 2. This act shall take effect in 60 days.
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