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                                                      PRINTER'S NO. 1477

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 1064 Session of 2004


        INTRODUCED BY MELLOW, KASUNIC, SCHWARTZ, MUSTO, STOUT, COSTA,
           KUKOVICH, KITCHEN AND LOGAN, MARCH 24, 2004

        REFERRED TO LABOR AND INDUSTRY, MARCH 24, 2004

                                     AN ACT

     1  Providing for third-party binding resolution of collective
     2     bargaining disputes between public school employees and their
     3     public employers; imposing duties on the Secretary of the
     4     Commonwealth and the Legislative Reference Bureau; imposing
     5     penalties; and making repeals.

     6                         TABLE OF CONTENTS
     7  Section 1.  Short title.
     8  Section 2.  Definitions.
     9  Section 3.  Neutral third-party resolution.
    10  Section 4.  Bargaining process.
    11  Section 5.  Panel selection.
    12  Section 6.  Costs of resolution.
    13  Section 7.  Procedure.
    14  Section 8.  Determination.
    15  Section 9.  Strikes and lockouts prohibited.
    16  Section 10.  Standing to enforce.
    17  Section 11.  Existing agreements.
    18  Section 12.  Time frame.
    19  Section 13.  Constitutional amendment.

     1  Section 14.  Construction.
     2  Section 15.  Repeals.
     3  Section 16.  Effective date.
     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby enacts as follows:
     6  Section 1.  Short title.
     7     This act shall be known and may be cited as the Public School
     8  Collective Bargaining Act.
     9  Section 2.  Definitions.
    10     The following words and phrases when used in this act shall
    11  have the meanings given to them in this section unless the
    12  context clearly indicates otherwise:
    13     "Appropriate court."  The court of common pleas in the
    14  judicial district in which:
    15         (1)  the school entity subject to impasse is located; or
    16         (2)  the most populous portion of the school entity
    17     subject to impasse is located.
    18     "Bureau."  The Pennsylvania Bureau of Mediation.
    19     "Employee organization."  Any of the following:
    20         (1)  A public school employee organization of any kind.
    21         (2)  An agency or employee representation committee or
    22     plan in which membership is limited to public school
    23     employees and which exists for the purpose, in whole or in
    24     part, of dealing with public school employers concerning
    25     grievances, public school employee-public school employer
    26     disputes, wages, rates of pay, hours of employment or
    27     conditions of work. The term does not include an organization
    28     which practices discrimination in membership because of race,
    29     color, creed, national origin or political affiliation.
    30     "Impasse."  The failure of a public employer and an employee
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     1  organization to reach an agreement in the course of
     2  negotiations.
     3     "Public employer."  A school entity. The term does not
     4  include an employer covered or presently subject to coverage
     5  under the act of June 1, 1937 (P.L.1168, No.294), known as the
     6  Pennsylvania Labor Relations Act, or the National Labor
     7  Relations Act (49 Stat. 449, 29 U.S.C. § 151 et seq.).
     8     "Representative."  An individual acting for a public employer
     9  or a school employee. The term includes an employee
    10  organization.
    11     "School employee."  An employee of a school entity who
    12  bargains collectively with a school entity. The term does not
    13  include:
    14         (1)  an employee covered or presently subject to coverage
    15     under the act of June 1, 1937 (P.L.1168, No.294), known as
    16     the Pennsylvania Labor Relations Act, or the National Labor
    17     Relations Act (49 Stat. 449, 29 U.S.C. § 151 et seq.); or
    18         (2)  a management-level employee of any other school
    19     district.
    20     "School entity."  A public school district, intermediate unit
    21  or area vocational-technical school.
    22     "Secretary."  The Secretary of Education of the Commonwealth.
    23  Section 3.  Neutral third-party resolution.
    24     Notwithstanding any other provision of law to the contrary,
    25  the adjustment or settlement of an impasse in collective
    26  bargaining between an employee organization and a public
    27  employer shall be by neutral third-party resolution pursuant to
    28  this act.
    29  Section 4.  Bargaining process.
    30     The representative shall commence bargaining a successor
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     1  agreement no later than January 5 of the year in which the
     2  collective bargaining agreement between the parties shall by its
     3  terms expire. Both parties shall submit to mediation by the
     4  bureau by February 28 if no agreement is reached between the
     5  parties. Mediation shall continue for so long as the parties
     6  have not reached an agreement. If no agreement is reached by
     7  April 30, both parties shall submit an impasse in collective
     8  bargaining to neutral third-party resolution.
     9  Section 5.  Panel selection.
    10     The neutral third-party resolution of an impasse in
    11  collective bargaining between an employee organization and a
    12  public employer shall be conducted by a three-member panel
    13  knowledgeable and qualified in the areas necessary to make a
    14  determination. By May 7, the employee organization shall
    15  designate one panel member; and the public employer shall
    16  designate one panel member. The two panel members designated by
    17  the parties shall by agreement designate a neutral panel member.
    18  If a neutral panel member is not so designated by the panel
    19  members designated by the parties by May 21, the president judge
    20  of the appropriate court shall, by May 31, designate the neutral
    21  panel member from a list provided by the bureau of qualified
    22  persons who reside in the region in which the appropriate court
    23  sits. The bureau shall compile and maintain a list for each of
    24  six geographical regions of persons who reside in that region
    25  and are qualified and knowledgeable in the school-related fields
    26  of budget, finance, educational programs and taxation necessary
    27  to make a determination. The six regions shall be:
    28         Northeast Region.--Eleventh District, Twenty-first
    29         District, Twenty-second District, Twenty-sixth District,
    30         Thirty-fourth District, Forty-third District, Forty-
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     1         fourth District, Forty-fifth District, Fifty-sixth
     2         District and Sixtieth District.
     3         Southeast Region.--First District, Third District,
     4         Seventh District, Fifteenth District, Twenty-third
     5         District, Thirty-first District, Thirty-second District
     6         and Thirty-eighth District.
     7         Northcentral Region.--Fourth District, Eighth District,
     8         Seventeenth District, Twenty-fifth District, Twenty-ninth
     9         District, Forty-second District, Forty-ninth District and
    10         Fifty-fifth District.
    11         Southcentral Region.--Second District, Ninth District,
    12         Twelfth District, Nineteenth District, Twentieth
    13         District, Twenty-fourth District, Thirty-ninth District,
    14         Forty-first District Fifty-first District, Fifty-second
    15         District, Fifty-seventh District and Fifty-eighth
    16         District.
    17         Northwest Region.--Sixth District, Eighteenth District,
    18         Twenty-eighth District, Thirtieth District, Thirty-fifth
    19         District, Thirty-seventh District, Forty-sixth District,
    20         Forty-eighth District, Fifty-fourth District and Fifty-
    21         ninth District.
    22         Southwest Region.--Fifth District, Tenth District,
    23         Thirteenth District, Fourteenth District, Sixteenth
    24         District, Twenty-seventh District, Thirty-third District,
    25         Thirty-sixth District, Fortieth District, Forty-seventh
    26         District, Fiftieth District and Fifty-third District.
    27  Section 6.  Costs of resolution.
    28     Each party shall pay the compensation, if any, of the panel
    29  member designated by that party. The Commonwealth shall pay the
    30  compensation, if any, of the neutral panel member and any costs
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     1  or expenses incurred by the panel in connection with proceedings
     2  under this act.
     3  Section 7.  Procedure.
     4     (a)  Scope.--Neutral third-party resolution shall be limited
     5  to those issues which may be bargained under Article VII of the
     6  act of July 23, 1970 (P.L.563, No.195), known as the Public
     7  Employe Relation Act, and which are not agreed to in writing
     8  prior to the start of neutral third-party resolution.
     9     (b)  Operation.-- By June 5, each representative shall submit
    10  to the panel that party's best offer with certification that the
    11  offer was delivered to the opposing party. Thereafter, members
    12  of the panel shall meet with both parties at least four times
    13  prior to June 30 in an effort to resolve the impasse through
    14  mediation. If no agreement between the parties is reached by
    15  June 30, each party shall submit, on that date, to the neutral
    16  member of the panel that party's final best offer. Once a final
    17  best offer is submitted to the panel, a party may not make
    18  changes to the offer. The neutral party may not submit a final
    19  best offer to the other two members of the panel until both
    20  final best offers have been received. The determination of the
    21  panel shall be confined to a choice between the final best offer
    22  of the public employer taken in its entirety and the final best
    23  offer of the employee organization taken in its entirety. The
    24  parties may voluntarily settle the impasse in collective
    25  bargaining at any time prior to the final determination of the
    26  panel.
    27     (c)  Falsification.--Documents submitted under this section
    28  are subject to 18 Pa.C.S. § 4904 (relating to unsworn
    29  falsification to authorities).
    30  Section 8.  Determination.
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     1     (a)  General rule.--The panel shall begin hearings no later
     2  than July 5. By August 31, the panel shall make a final
     3  determination in writing. The final determination of a majority
     4  of the panel shall be binding upon the public employer and the
     5  employee organization.
     6     (b)  Judicial review.--
     7         (1)  Except as provided in paragraph (2), no appeal of a
     8     determination under subsection (a) shall be allowed to any
     9     court.
    10         (2)  A determination under subsection (a) is subject to
    11     judicial review for any of the following:
    12             (i)  Jurisdiction of the arbitrators.
    13             (ii)  Regularity of the proceedings.
    14             (iii)  Excess in exercise of power.
    15             (iv)  Constitutional issues.
    16     (c)  Effect.--The final determination shall constitute a
    17  mandate to the public employer to take whatever action necessary
    18  to carry out the determination. The executed agreement shall be
    19  enforceable by each party in the manner as provided by law,
    20  including the mandatory arbitration of disputes or grievances
    21  under the act of July 23, 1970 (P.L.563, No.195), known as the
    22  Public Employe Relations Act. If a public employer or an
    23  employee organization refuses to execute a written agreement
    24  under this section, the employee organization or the public
    25  employer may institute a cause of action in the appropriate
    26  court to compel compliance with this section and, as
    27  appropriate, specific performance of the determination.
    28  Section 9.  Strikes and lockouts prohibited.
    29     No school employee may strike or participate in a strike or
    30  similar interruption of government service. No public employer
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     1  may conduct a lockout or similar interruption of government
     2  service. Any strike, lockout or interruption of government
     3  service prohibited by this section shall constitute an
     4  actionable breach of duty to members of the public.
     5  Section 10.  Standing to enforce.
     6     The following may petition the appropriate court for an
     7  injunction and other appropriate equitable relief to enforce the
     8  provisions of this act:
     9         (1)  Parties to an impasse under this act.
    10         (2)  A panel member designated under this act.
    11         (3)  A parent or guardian of a student affected by an
    12     impasse under this act.
    13         (4)  A resident of the school district involved in an
    14     impasse under this act.
    15         (5)  The secretary.
    16  Section 11.  Existing agreements.
    17     A provision of a collective bargaining agreement in existence
    18  on the effective date of this act which is inconsistent with
    19  this act shall continue valid until the expiration of the
    20  collective bargaining agreement. The procedure for entering into
    21  any new collective bargaining agreement, however, shall be
    22  governed by this act.
    23  Section 12.  Time frame.
    24     The time periods set forth in this act are mandatory and
    25  shall not be construed to be directory.
    26  Section 13.  Constitutional amendment.
    27     If the Constitution of Pennsylvania is amended to authorize
    28  the procedure set forth in this act, the Secretary of the
    29  Commonwealth shall transmit notice of the ratification of the
    30  amendment to the Legislative Reference Bureau for publication in
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     1  the Pennsylvania Bulletin.
     2  Section 14.  Construction.
     3     (a)  Pari materia.--This act is to be construed in pari
     4  materia with the act of July 23, 1970 (P.L.563, No.195), known
     5  as the Public Employe Relations Act.
     6     (b)  Retirement.--
     7         (1)  Except as provided in paragraph (2), nothing in this
     8     act or any other law shall be construed to do any of the
     9     following:
    10             (i)  Permit or require collective bargaining,
    11         mediation or binding arbitration to establish or modify
    12         pension or retirement benefits set forth in 24 Pa.C.S.
    13         Pt. IV (relating to retirement for school employees) or
    14         administered by the Public Employees' Retirement Board.
    15             (ii)  Permit or require a public employer, through
    16         collective bargaining, mediation, binding arbitration or
    17         otherwise, to establish or modify a pension or retirement
    18         plan or to pay pension or retirement benefits or other
    19         compensation that modifies or supplements the benefits
    20         set forth in 24 Pa.C.S. Pt. IV or administered by the
    21         Public School Employees' Retirement Board.
    22         (2)  Notwithstanding paragraph (1), the parties may
    23     negotiate and agree to early retirement incentive or
    24     severance pay provisions if the provisions:
    25             (i)  do not affect the retirement benefits identified
    26         in paragraph (1); and
    27             (ii)  would not result in the Public School
    28         Employees' Retirement System's failure to be a qualified
    29         plan under the Internal Revenue Code of 1986 (Public Law
    30         99-514, 26 U.S.C. § 1 et seq.).
    20040S1064B1477                  - 9 -     

     1  Section 15.  Repeals.
     2     (a)  Absolute.--Article XI-A of the act of March 10, 1949
     3  (P.L.30, No.14), known as the Public School Code of 1949, is
     4  repealed.
     5     (b)  General.--All other acts and parts of acts are repealed
     6  insofar as they are inconsistent with this act.
     7  Section 16.  Effective date.
     8     This act shall take effect as follows:
     9         (1)  Section 13 and this section shall take effect
    10     immediately.
    11         (2)  The remainder of this act shall take effect January
    12     1 following the publication of the notice under section 13.












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