PRINTER'S NO. 615
No. 566 Session of 1977
INTRODUCED BY POLITE, MEBUS, MILLER, E. H. SMITH, VROON,
SCHEAFFER, PYLES, GREENLEAF, KNEPPER, DeVERTER, FISHER, POTT,
HALVERSON AND SHUMAN, MARCH 8, 1977
REFERRED TO COMMITTEE ON LABOR RELATIONS, MARCH 8, 1977
AN ACT
1 Amending the act of July 23, 1970 (P.L.563, No.195), entitled
2 "An act establishing rights in public employes to organize
3 and bargain collectively through selected representatives;
4 defining public employes to include employes of nonprofit
5 organizations and institutions; providing compulsory
6 mediation and fact-finding, for collective bargaining
7 impasses; providing arbitration for certain public employes
8 for collective bargaining impasses; defining the scope of
9 collective bargaining; establishing unfair employe and
10 employer practices; prohibiting strikes for certain public
11 employes; permitting strikes under limited conditions;
12 providing penalties for violations; and establishing
13 procedures for implementation," mandating certain findings of
14 fact to be made during mediation of collective bargaining
15 impasses.
16 The General Assembly of the Commonwealth of Pennsylvania
17 hereby enacts as follows:
18 Section 1. Section 802, act of July 23, 1970 (P.L.563,
19 No.195), known as the "Public Employe Relations Act," is amended
20 to read:
21 Section 802. (a) Once mediation has commenced, it shall
22 continue for so long as the parties have not reached an
23 agreement. If, however, an agreement has not been reached within
24 twenty days after mediation has commenced or in no event later
1 than one hundred thirty days prior to the "budget submission
2 date," the Bureau of Mediation shall notify the board of this
3 fact. Upon receiving such notice the board may in its discretion
4 appoint a fact-finding panel which panel may consist of either
5 one or three members. If a panel is so designated or selected it
6 shall hold hearings and take oral or written testimony and shall
7 have subpoena power. If during this time the parties have not
8 reached an agreement, the panel shall make findings of fact and
9 recommendations including:
10 (1) comparison of the wages, hours, fringe benefits,
11 conditions and characteristics of employment of the public
12 employes involved in the impasse proceeding with the wages,
13 hours, fringe benefits, conditions and characteristics of
14 employment of other employes generally in public or private
15 employment in the particular municipality or comparable
16 community;
17 (2) the overall compensation paid to the employes involved
18 in the impasse proceeding, including direct wage compensation,
19 overtime and premium pay, vacations, holiday and other excused
20 time, insurance, pensions, medical and hospitalization benefits,
21 food and apparel furnished, and all other benefits received;
22 (3) changes in the average consumer prices for goods and
23 services, commonly known as the cost of living, and the
24 financial ability of the public employer to pay; and
25 (4) all other factors which are normally and customarily
26 considered in the determination of wages, hours, fringe benefits
27 and other working conditions in collective bargaining or in
28 impasse panel proceedings.
29 [(1)] (b) The findings of fact and recommendations shall be
30 sent by registered mail to the board and to both parties not
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1 more than forty days after the Bureau of Mediation has notified
2 the board as provided in the preceding paragraph.
3 [(2)] (c) Not more than ten days after the findings and
4 recommendations shall have been sent, the parties shall notify
5 the board and each other whether or not they accept the
6 recommendations of the fact-finding panel and if they do not,
7 the panel shall publicize its findings of fact and
8 recommendations.
9 [(3)] (d) Not less than five days nor more than ten days
10 after the publication of the findings of fact and
11 recommendations, the parties shall again inform the board and
12 each other whether or not they will accept the recommendations
13 of the fact-finding panel.
14 [(4)] (e) The Commonwealth shall pay one-half the cost of
15 the fact-finding panel; the remaining one-half of the cost shall
16 be divided equally between the parties. The board shall
17 establish rules and regulations under which panels shall
18 operate, including, but not limited to, compensation for panel
19 members.
20 Section 2. This act shall take effect in 60 days.
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