THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY BENNINGHOFF, DeWEESE, BELFANTI, BEYER, CALTAGIRONE, CARROLL, D. COSTA, DALEY, FLECK, GIBBONS, GOODMAN, HALUSKA, HELM, HUTCHINSON, KILLION, KORTZ, METZGAR, MURT, MUSTIO, READSHAW, REED, STERN AND VULAKOVICH, MARCH 12, 2010

REFERRED TO COMMITTEE ON LABOR RELATIONS, MARCH 12, 2010  

AN ACT

Amending the act of July 23, 1970 (P.L.563, No.195), entitled

"An act establishing rights in public employes to organize

and bargain collectively through selected representatives;

defining public employes to include employes of nonprofit

organizations and institutions; providing compulsory

mediation and fact-finding, for collective bargaining

impasses; providing arbitration for certain public employes

for collective bargaining impasses; defining the scope of

collective bargaining; establishing unfair employe and

employer practices; prohibiting strikes for certain public

employes; permitting strikes under limited conditions;

providing penalties for violations; and establishing

procedures for implementation," further providing for

collective bargaining impasses for correctional personnel.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 805 of the act of July 23, 1970 (P.L.563,

No.195), known as the Public Employe Relations Act, is amended

to read:

Section 805.  Notwithstanding any other provisions of this

act where representatives of units of guards at prisons or

mental hospitals or units of employes directly involved with and

necessary to the functioning of the courts of this Commonwealth

have reached an impasse in collective bargaining and mediation

as required in section 801 of this article has not resolved the

dispute, the impasse shall be submitted to a panel of

arbitrators whose decision shall be final and binding upon both

parties with the [proviso that the decisions] following

provisos:

(1)  Decisions of the arbitrators which would require

legislative enactment to be effective shall be considered

advisory only.

(2)  Decisions of the arbitrators must ensure that captains,

lieutenants, and first level supervisors employed by the

Department of Corrections receive not less than the same dollar

increase, including fringe benefits, excluding overtime and

festive holiday pay, as the highest ranking corrections officer

in the collective bargaining unit.

Section 2.  The amendment of section 805 of the act shall

apply to mediations initiated on or after the effective date of

this section.

Section 3.  This act shall take effect in 60 days.