PRINTER'S NO. 2565
No. 2059 Session of 1991
INTRODUCED BY HECKLER, GLADECK, S. H. SMITH, GERLACH, HERSHEY,
LANGTRY, BARLEY, M. N. WRIGHT, ARMSTRONG, HARLEY, NOYE,
LAWLESS, FARGO AND LEH, OCTOBER 21, 1991
REFERRED TO COMMITTEE ON LABOR RELATIONS, OCTOBER 21, 1991
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," providing for certain fact-
14 finding.
15 The General Assembly of the Commonwealth of Pennsylvania
16 hereby enacts as follows:
17 Section 1. Section 802 of the act of July 23, 1970 (P.L.563,
18 No.195), known as the Public Employe Relations Act, is amended
19 to read:
20 Section 802. Once mediation has commenced, it shall continue
21 for so long as the parties have not reached an agreement. If,
22 however, an agreement has not been reached within twenty days
23 after mediation has commenced or in no event later than one
1 hundred thirty days prior to the "budget submission date," the
2 Bureau of Mediation shall notify the board of this fact. Upon
3 receiving such notice the board may in its discretion appoint a
4 fact-finding panel [which]. If an agreement has not been reached
5 by the date which is fifty days prior to the "budget submission
6 date," the board shall appoint a fact-finding panel upon written
7 request of the representative of the employes, the
8 representative of the public employer, or both. The board shall
9 appoint a fact-finding panel within ten days of receipt of the
10 written request for its appointment. The fact-finding panel may
11 consist of either one or three members. If a panel is so
12 designated or selected it shall hold hearings and take oral or
13 written testimony and shall have subpoena power. If during this
14 time the parties have not reached an agreement, the panel shall
15 make findings of fact and recommendations:
16 (1) The findings of fact and recommendations shall be sent
17 by registered mail to the board and to both parties not more
18 than [forty days after the Bureau of Mediation has notified the
19 board as provided in the preceding paragraph] thirty days after
20 the appointment of the fact-finder.
21 (2) Not more than [ten] seven days after the findings and
22 recommendations shall have been [sent] received, the parties
23 shall notify the board and each other whether or not they accept
24 the recommendations of the fact-finding panel and if they do
25 not, the panel shall publicize its findings of fact and
26 recommendations.
27 (3) Not [less than five days nor] more than ten days after
28 the publication of the findings of fact and recommendations, the
29 parties shall again inform the board and each other whether or
30 not they will accept the recommendations of the fact-finding
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1 panel.
2 (4) The Commonwealth shall pay one-half the cost of the
3 fact-finding panel; the remaining one-half of the cost shall be
4 divided equally between the parties. The board shall establish
5 rules and regulations under which panels shall operate,
6 including, but not limited to, compensation for panel members.
7 Section 2. This act shall take effect immediately.
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