PRINTER'S NO. 1421
No. 1260 Session of 1979
INTRODUCED BY ALDEN, FREIND, MICOZZIE, ZORD, BROWN, SIEMINSKI
AND McINTYRE, MAY 11, 1979
REFERRED TO COMMITTEE ON LABOR RELATIONS, MAY 11, 1979
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," further providing for the
14 definition of "budget submission date" and for submissions to
15 mediation; providing for final offer arbitration and
16 prohibiting strikes.
17 The General Assembly of the Commonwealth of Pennsylvania
18 hereby enacts as follows:
19 Section 1. Clause (12) of section 301 and sections 703, 801
20 and 802, act of July 23, 1970 (P.L.563, No.195), known as the
21 "Public Employe Relations Act," are amended to read:
22 Section 301. As used in this act:
23 * * *
24 (12) "Budget submission date" means the date by which under
25 the law or practice a public employer's proposed budget, or
1 budget containing proposed expenditures applicable to such
2 public employer is submitted to the Legislature or other similar
3 body for final action. For the purposes of this act, the budget
4 submission date for the Commonwealth shall be February 1 of each
5 year, [and] for a nonprofit organization or institution, the
6 last day of its fiscal year, and for school districts June 1 of
7 each year.
8 * * *
9 Section 703. [The] Except as provided in section 802(b) the
10 parties to the collective bargaining process shall not effect or
11 implement a provision in a collective bargaining agreement if
12 the implementation of that provision would be in violation of,
13 or inconsistent with, or in conflict with any statute or
14 statutes enacted by the General Assembly of the Commonwealth of
15 Pennsylvania or the provisions of municipal home rule charters.
16 Section 801. If after a reasonable period of negotiation, a
17 dispute or impasse exists between the representatives of the
18 public employer and the public employes, the parties may
19 voluntarily submit to mediation but if no agreement is reached
20 between the parties within twenty-one days after negotiations
21 have commenced, but in no event later than [one hundred fifty]
22 ninety days prior to the "budget submission date," and mediation
23 has not been utilized by the parties, both parties shall
24 immediately, in writing, call in the service of the Pennsylvania
25 Bureau of Mediation.
26 Section 802. (a) Once mediation has commenced, it shall
27 continue for so long as the parties have not reached an
28 agreement. If, however, an agreement has not been reached within
29 [twenty] sixty-five days after mediation has commenced or in no
30 event later than [one hundred thirty] sixty days prior to the
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1 "budget submission date," the Bureau of Mediation shall notify
2 the board of this fact. [Upon receiving such notice the board
3 may in its discretion appoint a fact-finding panel which panel
4 may consist of either one or three members. If a panel is so
5 designated or selected it shall hold hearings and take oral or
6 written testimony and shall have subpoena power. If during this
7 time the parties have not reached an agreement, the panel shall
8 make findings of fact and recommendations:
9 (1) The findings of fact and recommendations shall be sent
10 by registered mail to the board and to both parties not more
11 than forty days after the Bureau of Mediation has notified the
12 board as provided in the preceding paragraph.
13 (2) Not more than ten days after the findings and
14 recommendations shall have been sent, the parties shall notify
15 the board and each other whether or not they accept the
16 recommendations of the fact-finding panel and if they do not,
17 the panel shall publicize its findings of fact and
18 recommendations.
19 (3) Not less than five days nor more than ten days after the
20 publication of the findings of fact and recommendations, the
21 parties shall again inform the board and each other whether or
22 not they will accept the recommendations of the fact-finding
23 panel.
24 (4) The Commonwealth shall pay one-half the cost of the
25 fact-finding panel; the remaining one-half of the cost shall be
26 divided equally between the parties. The board shall establish
27 rules and regulations under which panels shall operate,
28 including, but not limited to, compensation for panel members.]
29 If no agreement is reached between the parties, public
30 negotiations shall be required beginning sixty days prior to the
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1 budget submission date. Such negotiations shall occur not less
2 than three times per week for the next two weeks. Notice of the
3 time and place of the negotiations shall be published in a
4 newspaper of general circulation in the area affected whenever
5 possible. The public employer shall make this information
6 available to the press.
7 (b) If the impasse is not resolved forty-five days prior to
8 the budget submission date, the dispute shall be submitted to
9 final offer arbitration. In all such cases, the board shall
10 supply a listing of arbitrators, consisting of seven persons, to
11 both parties to the dispute. The parties to the dispute shall
12 each select one arbitrator. The two arbitrators so selected
13 shall select the third member who shall also serve as chairman.
14 If the two arbitrators cannot agree on a third member within ten
15 days of date of their selection the provisions of section 806(2)
16 shall apply. The panel of arbitrators shall identify the issues
17 in dispute and direct each of the parties to submit its last
18 offer of settlement on each of the disputed issues within ten
19 days. A copy of such offer shall be served upon the opposing
20 parties. Such final offer shall contain a proposal on each of
21 the disputed issues identified by the panel. The panel shall
22 present its opinion in writing by the budget submission date and
23 shall mail or otherwise deliver a true copy thereof to the
24 parties and their representatives and to the board. The panel
25 shall adopt as its opinion the last offer of settlement on each
26 of the disputed issues of the party which in its opinion more
27 nearly complies with the following:
28 (1) The lawful authority of the employer.
29 (2) Stipulations of the parties.
30 (3) The interests and welfare of the public and the
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1 financial ability of the unit of government to meet those costs.
2 (4) Comparison of the wages, hours and conditions of
3 employment of the employes involved in the arbitration
4 proceeding with the wages, hours and conditions of employment of
5 other employes performing similar services and with other
6 employes generally; (i) in public employment in comparable
7 communities; and (ii) in private employment in comparable
8 communities.
9 (5) The average consumer prices for goods and services,
10 commonly known as the cost of living.
11 (6) The overall compensation presently received by the
12 employes, including direct wage compensation, vacations,
13 holidays and other excused time, insurance and pensions, medical
14 and hospitalization benefits, the continuity and stability of
15 employment, and all other benefits received.
16 (7) Changes in any of the foregoing circumstances during the
17 pendency of the arbitration proceedings.
18 (8) Such other factors, not confined to the foregoing, which
19 are normally or traditionally taken into consideration in the
20 determination of wages, hours and conditions of employment
21 through voluntary collective bargaining, mediation, fact-
22 finding, arbitration or otherwise between the parties, in the
23 public service or in private employment. The panel shall not
24 alter or amend in any way the final offer of settlement. The
25 decision of the panel shall be final and binding on parties to
26 the arbitration proceeding.
27 Section 2. Section 804 of the act is repealed.
28 Section 3. Sections 806 and 1001 of the act are amended to
29 read:
30 Section 806. Panels of arbitrators for bargaining units
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1 referred to in [section] sections 802(b) and 805 of this article
2 shall be selected in the following manner:
3 (1) Each party shall select one member of the panel, the two
4 so selected shall choose the third member.
5 (2) If the members so selected are unable to agree upon the
6 third member within ten days from the date of their selection,
7 the board shall submit the names of seven persons, each party
8 shall alternately strike one name until one shall remain. The
9 public employer shall strike the first name. The person so
10 remaining shall be the third member and chairman.
11 Section 1001. Strikes by [guards at prisons or mental
12 hospitals, or employes directly involved with and necessary to
13 the functioning of the courts of this Commonwealth] public
14 employes are prohibited at any time. If a strike occurs the
15 public employer shall forthwith initiate in the court of common
16 pleas of the jurisdiction where the strike occurs, an action for
17 appropriate equitable relief including but not limited to
18 injunctions. If the strike involves Commonwealth employes, the
19 chief legal officer of the public employer or the Attorney
20 General where required by law shall institute an action for
21 equitable relief, either in the court of common pleas of the
22 jurisdiction where the strike has occurred or the Commonwealth
23 Court.
24 Section 4. Sections 1003, 1004 and 1101 of the act are
25 repealed.
26 Section 5. This act shall take effect immediately.
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