PRINTER'S NO. 753
No. 694 Session of 1987
INTRODUCED BY MAIALE, HOWLETT, ACOSTA AND DONATUCCI, MARCH 9,
1987
REFERRED TO COMMITTEE ON LABOR RELATIONS, MARCH 9, 1987
AN ACT
1 Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
2 act relating to the public school system, including certain
3 provisions applicable as well to private and parochial
4 schools; amending, revising, consolidating and changing the
5 laws relating thereto," further providing for collective
6 bargaining in school districts of the first class.
7 The General Assembly declares that it is the public policy of
8 this Commonwealth and the purpose of this act to promote
9 orderly, constructive and harmonious relationships between each
10 school district of the first class and its school administrator
11 employees, subject, however, to the paramount right of the
12 citizens of this Commonwealth to keep inviolate the guarantees
13 for their health, safety and welfare and to the duty and
14 responsibility of the boards of public education of school
15 districts of the first class to provide an appropriate education
16 to the children of their districts. Unresolved disputes between
17 boards of public education of school districts of the first
18 class and their employees charged with managing, supervising and
19 administering the educational programs may be injurious to the
1 public and pupils. The delineation of the responsibilities, the
2 clarification of the administrative roles and the facilitation
3 of communications are vital to the functioning of the
4 educational system. Recognizing that continuing harmonious
5 relationships between school districts of the first class and
6 their management, supervisory and administrative employees are
7 essential to the educational process, the General Assembly has
8 determined that the overall policy may best be accomplished by
9 requiring school districts of the first class to negotiate and
10 bargain with employee organizations representing their
11 management, supervisory and administrative employees and to
12 enter into written agreements evidencing the result of such
13 bargaining.
14 The General Assembly of the Commonwealth of Pennsylvania
15 hereby enacts as follows:
16 Section 1. The act of March 10, 1949 (P.L.30, No.14), known
17 as the Public School Code of 1949, is amended by adding a
18 section to read:
19 Section 2134. Collective Bargaining.--(a) Upon the written
20 request of an employe organization, the appropriate
21 representatives of the board of public education of a school
22 district of the first class shall be required to enter into
23 collective bargaining with representatives of the employe
24 organization for the purpose of reaching agreement upon all
25 questions concerning wages, hours and other terms and conditions
26 of employment. Any agreement reached as a result of such
27 collective bargaining shall contain, but shall not be limited
28 to, provisions concerning administrators' salaries and fringe
29 benefits and a procedure for the resolution of grievances which
30 shall contain provisions for final, binding arbitration of
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1 disputes or grievances arising out of the interpretation of the
2 provisions of the collective bargaining agreement. The procedure
3 to be adopted is a proper subject of bargaining.
4 (b) Once an agreement is reached between the school district
5 of the first class and the employe organization, the agreement
6 shall be reduced to writing and signed by the parties. Any
7 provisions of the contract requiring legislative action will be
8 effective only if such legislation is enacted. Such agreement
9 shall continue in effect until the time specified in the
10 agreement, but in no event for less than one school year.
11 (c) In the event no agreement is reached, the dispute
12 resolution provisions of the act of June 30, 1947 (P.L.1183,
13 No.492), referred to as the Public Employe Anti-Strike Law,
14 shall be available to school districts of the first class and
15 school administrators who shall continue to be subject to that
16 act.
17 (d) The following words, when used in this section, shall
18 have the following meaning, except where the context clearly
19 indicates or requires a different meaning:
20 "Collective bargaining," "bargain" and "negotiate" shall mean
21 the performance of the mutual obligation of school districts of
22 the first class and the employe representative to meet at
23 reasonable times and confer in good faith with respect to wages,
24 hours and other terms and conditions of employment, or the
25 negotiation of an agreement or any question arising thereunder
26 and the execution of a written contract incorporating any
27 agreement reached, but such obligation does not compel either
28 party to agree to a proposal or require the making of a
29 concession, but shall not include a requirement to bargain over
30 matters of inherent managerial policy nor the implementation of
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1 any provision which would be in violation of, or inconsistent
2 with, or in conflict with, any statute or statutes of the
3 Commonwealth, excluding, however, section 704 of the act of July
4 23, 1970 (P.L.563, No.195), known as the "Public Employe
5 Relations Act."
6 "Employe organization" shall mean an organization or any
7 agency or employe representation committee or plan in which
8 membership is limited to school administrators and which exists
9 for the purpose, in whole or in part, of dealing with school
10 districts of the first class concerning grievances, employe-
11 employer disputes, wages, hours of employment or conditions of
12 work, but shall not include any organization which practices
13 discrimination in membership because of race, color, creed,
14 national origin or political affiliation.
15 "School administrator" shall mean all management, supervisory
16 and administrative employes of a school district of the first
17 class below the rank of superintendent, district superintendent,
18 executive director, associate superintendent, assistant
19 superintendent or assistant executive director, but including
20 the rank of first level supervisor, who, by virtue of assigned
21 duties, is in or is eligible to be in a "meet and discuss unit"
22 as defined and created under the act of July 23, 1970 (P.L.563,
23 No.195), known as the "Public Employe Relations Act," and all
24 other employes except those specified in this definition. The
25 term shall not include those in or eligible to be in a
26 "collective bargaining unit" of public employes as created under
27 the aforesaid "Public Employe Relations Act," or any employe who
28 has the duties and responsibilities of a personnel director.
29 Section 2. The act of July 23, 1970 (P.L.563, No.195), known
30 as the Public Employe Relations Act, is repealed insofar as it
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1 is inconsistent with the provisions of this act.
2 Section 3. This act shall take effect immediately.
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