PRINTER'S NO. 1402
No. 1017 Session of 2004
INTRODUCED BY FERLO, FEBRUARY 11, 2004
REFERRED TO LABOR AND INDUSTRY, FEBRUARY 11, 2004
AN ACT
1 Amending the act of June 24, 1968 (P.L.237, No.111), entitled
2 "An act specifically authorizing collective bargaining
3 between policemen and firemen and their public employers;
4 providing for arbitration in order to settle disputes, and
5 requiring compliance with collective bargaining agreements
6 and findings of arbitrators," providing for decisions of the
7 board of arbitration.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. The act of June 24, 1968 (P.L.237, No.111),
11 referred to as the Policemen and Firemen Collective Bargaining
12 Act, is amended by adding a section to read:
13 Section 6.1. The board of arbitration shall hear testimony
14 from the parties, which shall encompass all relevant areas,
15 including paragraphs (1) through (11) inclusive, and produce a
16 written transcript of the proceedings. An award by the board
17 that affects the terms or conditions of employment of any
18 policeman or fireman employe of a public employer shall, in
19 addition to considering any standard or factor required to be
20 considered by law, take into consideration and accord
1 substantial weight to the following factors:
2 (1) The financial ability of the public employer to finance
3 and administer any increase in wages or fringe benefits.
4 (2) The financial ability of the public employer to meet the
5 costs of the award without adversely affecting the interests and
6 welfare of the public and the normal levels of public service
7 provided by the public employer.
8 (3) The effect funding the costs of the proposed award will
9 have on the normal level of public services provided by the
10 public employer.
11 (4) A comparison of the overall compensation received by
12 policemen and firemen employes, including wage compensation,
13 vacations, holidays and other paid excused time, pensions,
14 insurance, benefits and all other direct or indirect monetary
15 benefits received, with the overall compensation received by
16 policemen or firemen employes in other political subdivisions of
17 comparable size located within this Commonwealth and, for
18 counties of the first class, counties of the second class,
19 cities of the first class, cities of the second class and cities
20 of the second class A, in political subdivisions of comparable
21 size located outside this Commonwealth.
22 (5) A comparison of the ratio of policemen or firemen
23 employes per resident in the political subdivision with the
24 ratio of policemen or firemen employes per resident in other
25 political subdivisions of comparable size located within this
26 Commonwealth and, for counties of the first class, counties of
27 the second class, cities of the first class, cities of the
28 second class and cities of the second class A, in political
29 subdivisions of comparable size located outside this
30 Commonwealth.
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1 (6) The authority of the public employer to levy taxes and
2 appropriate funds for the conduct of its operations.
3 (7) Past collectively bargained agreements, if any, between
4 the parties.
5 (8) Comparison of the issues submitted to arbitration
6 relative to the policemen or firemen employes in the bargaining
7 unit involved with those issues related to other public and
8 private employes doing comparable work, giving consideration to
9 factors peculiar to the area and classification involved.
10 (9) The lawful authority of the public employer.
11 (10) Stipulation of the parties, if any.
12 (11) Such other factors, that are normally or traditionally
13 taken into consideration when resolving issues submitted to
14 arbitration, fact-finding or other impasse resolution procedures
15 in the public service or in private employment.
16 Section 2. This act shall take effect in 60 days.
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