PRINTER'S NO. 143
No. 143 Session of 1981
INTRODUCED BY REIBMAN, PRICE AND GREENLEAF, JANUARY 27, 1981
REFERRED TO LABOR AND INDUSTRY, JANUARY 27, 1981
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 impasse
14 procedures.
15 The General Assembly of the Commonwealth of Pennsylvania
16 hereby enacts as follows:
17 Section 1. The act of July 23, 1970 (P.L.563, No.195), known
18 as the "Public Employe Relations Act," is amended by adding a
19 section to read:
20 Section 707. The parties to a collective bargaining
21 agreement shall be required to bargain upon the issue of
22 acceptance and adoption of one of the following approved impasse
23 procedures, with the proviso that such an obligation does not
1 compel either party to agree to a proposal or require making a
2 concession:
3 (1) Arbitration under which the award is confined to a
4 choice among:
5 (i) the last offer of the employer;
6 (ii) the last offer of the employe's representative; or
7 (iii) the fact-finder's recommendations, should there be a
8 fact-finder's report, as a single package.
9 (2) Arbitration under which the award by an arbitrator is
10 confined to a choice among:
11 (i) the last offer of the employer;
12 (ii) the last offer of the employe's representative; or
13 (iii) the fact-finder's recommendation, should there be a
14 fact-finder's report, on an issue by issue basis.
15 (3) Arbitration under which the award is confined to a
16 choice among:
17 (i) the last offer of the employer;
18 (ii) the last offer of the employe's representative; or
19 (iii) the fact-finder's recommendations, on economic and
20 noneconomic issues as separate units. Economic issues shall, for
21 the purposes of this section, mean wages, salary, fringe
22 benefits or any form of monetary compensation for services
23 rendered.
24 Section 2. Section 1003 of the act is amended to read:
25 Section 1003. If a strike by public employes occurs after
26 the collective bargaining processes set forth in sections 801
27 and 802 of Article VIII of this act have been completely
28 utilized and exhausted, it shall not be prohibited unless or
29 until such a strike creates a clear and present danger or threat
30 to the health, safety or welfare of the public. In such cases
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1 the public employer shall initiate, in the court of common pleas
2 of the jurisdiction where such strike occurs, an action for
3 equitable relief including but not limited to appropriate
4 injunctions and shall be entitled to such relief if the court
5 finds that the strike creates a clear and present danger or
6 threat to the health, safety or welfare of the public. If the
7 court enjoins the strike of public employes, the court shall
8 have the authority to order the parties to submit to binding
9 arbitration under one of the options provided under section 707.
10 The court shall not be empowered to assume the role of
11 arbitration. If the strike involves Commonwealth employes, the
12 chief legal officer of the public employer [or the Attorney
13 General where required by law] shall institute an action for
14 equitable relief in the court of common pleas of the
15 jurisdiction where the strike has occurred or the Commonwealth
16 Court. Prior to the filing of any complaint in equity under the
17 provisions of this section the moving party shall serve upon the
18 defendant a copy of said complaint as provided for in the
19 Pennsylvania Rules of Civil Procedure applicable to such
20 actions. Hearings shall be required before relief is granted
21 under this section and notices of the same shall be served in
22 the manner required for the original process with a duty imposed
23 upon the court to hold such hearings forthwith.
24 Section 3. This act shall take effect in 60 days.
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