PRINTER'S NO. 2066
No. 1075 Session of 2007
INTRODUCED BY DALLY, BEYER, GEIST, GIBBONS, GINGRICH, HARRIS,
HENNESSEY, JAMES, KIRKLAND, MENSCH, MOUL AND YOUNGBLOOD,
JUNE 25, 2007
REFERRED TO COMMITTEE ON LABOR RELATIONS, JUNE 25, 2007
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," adding law enforcement
14 officers of limited jurisdiction as an additional category of
15 covered employee.
16 The General Assembly of the Commonwealth of Pennsylvania
17 hereby enacts as follows:
18 Section 1. Section 301 of the act of July 23, 1970 (P.L.563,
19 No.195), known as the Public Employe Relations Act, is amended
20 by adding a definition to read:
21 Section 301. As used in this act:
22 * * *
23 (20) "Law enforcement officer of limited jurisdiction" means
24 any of the following:
1 (i) A public employe who has the power and authority to
2 arrest under:
3 (A) section 10(ee) or (ff) of the act of May 28, 1937
4 (P.L.955, No.265), known as the "Housing Authorities Law";
5 (B) section 27 of the act of August 6, 1941 (P.L.861,
6 No.323), referred to as the Pennsylvania Board of Probation and
7 Parole Law; or
8 (C) section 211 of the act of April 12, 1951 (P.L.90,
9 No.21), known as the "Liquor Code."
10 (ii) A public employe:
11 (A) whose principal duty is narcotics or criminal
12 investigation within this Commonwealth; and
13 (B) whose power and duty to arrest is authorized by the
14 Attorney General under section 201(c) of the act of October 15,
15 1980 (P.L.950, No.164), known as the "Commonwealth Attorneys
16 Act."
17 (iii) A public employe:
18 (A) whose principal duty is to enforce the laws of this
19 Commonwealth on military installations under the authority of
20 the Adjutant General of the Pennsylvania National Guard; and
21 (B) whose power and duty to arrest is authorized under
22 section 2416 of the act of April 9, 1929 (P.L.177, No.175),
23 known as "The Administrative Code of 1929."
24 (iv) A public employe who has the power and authority to
25 arrest under section 1 of the act of August 6, 1963 (P.L.521,
26 No.277), entitled "An act providing that probation officers
27 shall have the power of peace officers in the performance of
28 their duties."
29 (v) A public employe who has police powers under:
30 (A) 22 Pa.C.S. § 3301 (relating to appointment).
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1 (B) 53 Pa.C.S. § 5607(d)(26) (relating to purposes and
2 powers).
3 (C) 74 Pa.C.S. § 5903 (relating to authority of department).
4 Section 2. Sections 604, 805 and 1001 of the act are amended
5 to read:
6 Section 604. The board shall determine the appropriateness
7 of a unit which shall be the public employer unit or a
8 subdivision thereof. In determining the appropriateness of the
9 unit, the board shall:
10 (1) Take into consideration but shall not be limited to the
11 following: (i) public employes must have an identifiable
12 community of interest, and (ii) the effects of over-
13 fragmentization.
14 (2) Not decide that any unit is appropriate if such unit
15 includes both professional and nonprofessional employes, unless
16 a majority of such professional employes vote for inclusion in
17 such unit.
18 (3) Not permit guards at prisons and mental hospitals, law
19 enforcement officers of limited jurisdiction, employes directly
20 involved with and necessary to the functioning of the courts of
21 this Commonwealth, or any individual employed as a guard to
22 enforce against employes and other persons, rules to protect
23 property of the employer or to protect the safety of persons on
24 the employer's premises to be included in any unit with other
25 public employes, each may form separate homogenous employe
26 organizations with the proviso that organizations of the latter
27 designated employe group may not be affiliated with any other
28 organization representing or including as members, persons
29 outside of the organization's classification.
30 (4) Take into consideration that when the Commonwealth is
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1 the employer, it will be bargaining on a Statewide basis unless
2 issues involve working conditions peculiar to a given
3 governmental employment locale. This section, however, shall not
4 be deemed to prohibit multi-unit bargaining.
5 (5) Not permit employes at the first level of supervision to
6 be included with any other units of public employes but shall
7 permit them to form their own separate homogenous units. In
8 determining supervisory status the board may take into
9 consideration the extent to which supervisory and nonsupervisory
10 functions are performed.
11 Section 805. Notwithstanding any other provisions of this
12 act where representatives of units of guards at prisons or
13 mental hospitals, law enforcement officers of limited
14 jurisdiction or units of employes directly involved with and
15 necessary to the functioning of the courts of this Commonwealth
16 have reached an impasse in collective bargaining and mediation
17 as required in section 801 of this article has not resolved the
18 dispute, the impasse shall be submitted to a panel of
19 arbitrators whose decision shall be final and binding upon both
20 parties with the proviso that the decisions of the arbitrators
21 which would require legislative enactment to be effective shall
22 be considered advisory only.
23 Section 1001. Strikes by guards at prisons or mental
24 hospitals, law enforcement officers of limited jurisdiction or
25 employes directly involved with and necessary to the functioning
26 of the courts of this Commonwealth are prohibited at any time.
27 If a strike occurs the public employer shall forthwith initiate
28 in the court of common pleas of the jurisdiction where the
29 strike occurs, an action for appropriate equitable relief
30 including but not limited to injunctions. If the strike involves
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1 Commonwealth employes, the chief legal officer of the public
2 employer or the Attorney General where required by law shall
3 institute an action for equitable relief, either in the court of
4 common pleas of the jurisdiction where the strike has occurred
5 or the Commonwealth Court.
6 Section 3. This act shall take effect in 60 days.
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