THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY SANTARSIERO, O'NEILL, GALLOWAY, BRADFORD, MURT, DAVIS, K. BOYLE, CALTAGIRONE, CREIGHTON, DALEY AND K. SMITH, JUNE 10, 2011

REFERRED TO COMMITTEE ON EDUCATION, JUNE 10, 2011  

AN ACT

Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An

act relating to the public school system, including certain

provisions applicable as well to private and parochial

schools; amending, revising, consolidating and changing the

laws relating thereto," in collective bargaining, further

providing for submission to mediation and for fact-finding

panels; providing for mediation; and further providing for

final best-offer arbitration, for time frame, for strikes

prohibited in certain circumstances and for lockouts

prohibited in certain circumstances.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Sections 1121-A and 1122-A(a) and (b) of the act

of March 10, 1949 (P.L.30, No.14), known as the Public School

Code of 1949, added July 9, 1992 (P.L.403, No.88), are amended

to read:

Section 1121-A.  [Submission to Mediation.--(a)  If, after a

reasonable period of negotiation, a dispute or impasse exists

between the representatives of the employer and the employe

organization, the parties may voluntarily submit to mediation,

but, if no agreement is reached between the parties within

forty-five (45) days after negotiations have commenced, but in

no event later than one hundred twenty-six (126) days prior to

June 30 or December 31, whichever is the end of the school

entity's fiscal year, and mediation has not been utilized by the

parties, both parties shall immediately in writing call on the

service of the Pennsylvania Bureau of Mediation.

(b)  The Pennsylvania Bureau of Mediation shall employ a

complement of not less than twenty-five (25) mediators which

shall be available to mediate according to the provisions of

subsection (a).] Negotiations.--The representatives of the

employer and the employe organization shall commence

negotiations no later than two hundred eleven (211) days prior

to June 30 or December 21, whichever is the end of the school

entity's fiscal year. The representatives of the employer and

employe organization shall meet no fewer than four times per

month and, if no agreement has been reached seventy-five (75)

days prior to June 30 or December 21, whichever is the end of

the school entity's fiscal year, no fewer than two times between

seventy-five (75) days and sixty-one (61) days prior to the end

of the school entity's fiscal year.

Section 1122-A.  Fact-finding Panels.--(a)  [(1)  Once

mediation has commenced, it shall continue for so long as the

parties have not reached an agreement. If, however, an agreement

has not been reached within forty-five (45) days after mediation

has commenced or in no event later than eighty-one (81) days

prior to June 30 or December 31, whichever is the end of the

school entity's fiscal year, the Bureau of Mediation shall

notify the board of the parties' failure to reach an agreement

and of whether either party has requested the appointment of a

fact-finding panel.]

(2)  [No later than eighty-one (81)] If an agreement is not

reached between the parties within ninety (90) days after

negotiations have commenced or in no event later than one

hundred twenty-one (121) days prior to June 30 or December 31,

whichever is the end of the school entity's fiscal year, [either

party may request the board to appoint a fact-finding panel.

Upon receiving such request,] the board shall appoint a fact-

finding panel which may consist of either one (1) or three (3)

members. The panel so designated or selected shall hold hearings

and take oral or written testimony and shall have subpoena

power. If, during this time, the parties have not reached an

independent agreement, the panel shall make findings of fact and

recommendations. The panel shall not find or recommend that the

parties accept or adopt an impasse procedure.

(3)  The parties may mutually agree to fact-finding, and the

board shall appoint a fact-finding panel as provided for in

clause (2) at any time except that the parties may not mutually

agree to fact-finding during mandated final best-offer

arbitration.

(4)  The board may implement fact-finding and appoint a panel

as provided for in clause (2) at a time other than that mandated

in this section, except that fact-finding may not be implemented

between the period of notice to strike and the conclusion of a

strike or during final best-offer arbitration. If the board

chooses not to implement fact-finding prior to a strike, the

board shall issue a report to the parties listing the reasons

for not implementing fact-finding if either party requests one.

(b)  The findings of fact and recommendations shall be sent

by registered mail to the board and to both parties not more

than forty (40) days after the [Bureau of Mediation has notified

the board as provided in subsection (a)] fact-finding panel is

appointed.

* * *

Section 2.  The act is amended by adding a section to read:

Section 1122.1-A.  Mediation.--(a)  If an agreement is not

reached between the parties within one hundred thirty (130) days

after negotiations have commenced or in no event later than

eighty-one (81) days prior to June 30 or December 31, whichever

is the end of the school entity's fiscal year, both parties

shall immediately in writing call on the services of the Bureau

of Mediation.

(b)  The Bureau of Mediation shall employ a complement of not

less than twenty-five (25) mediators who shall be available to

mediate according to the provisions of subsection (a).

Section 3.  Sections 1125-A(a), (b), (c), (d), (g), (i), (j)

and (m), 1126-A, 1131-A and 1132-A of the act, added July 9,

1992 (P.L.403, No.88), are amended to read:

Section 1125-A.  Final Best-Offer Arbitration.--(a)  At any

time prior to mandated final best-offer arbitration, either the

employer or the employe organization may request final best-

offer arbitration unless fact-finding has been initiated as

provided in section 1122-A. If fact-finding has been initiated,

the parties shall complete fact-finding before requesting final

best-offer arbitration. If either party requests final best-

offer arbitration, the requesting party shall notify the Bureau

of Mediation, the board and the opposing party in writing. The

opposing party shall, within ten (10) days of the notification

by the requesting party, notify the requesting party in writing

of its agreement or refusal to submit to final best-offer

arbitration. [No strikes or lockouts shall occur during this ten

(10) day period or until the requesting party is notified by the

opposing party that they refuse to submit to final best-offer

arbitration.] Arbitration provided for in this subsection shall

only occur if both parties agree to submit to final best-offer

arbitration.

(b)  If [a strike by employes or a lockout by an employer

will prevent the school entity from providing the period of

instruction required by section 1501 by the later of:

(1)  June 15; or

(2)  the last day of the school entity's scheduled school

year;] an agreement is not reached between the parties within

one hundred fifty (150) days after negotiations have commenced

or in no event later than sixty-one (61) days prior to June 30

or December 31, whichever is the end of the school entity's

fiscal year, the parties shall submit to mandated final best-

offer arbitration consistent with the arbitration option

negotiated. A return to work for the purpose of submitting to

final best-offer arbitration shall not be considered a

unilateral return to work.

[(c)  If the parties are unable to agree on the adoption of

one of the approved impasse procedures under section 1123-A, the

mediator appointed pursuant to section 1121-A shall select the

procedure.]

(d)  Within [ten (10)] three (3) days of submission to final

best-offer arbitration, the parties shall submit to the

arbitrators their final best contract offer with certification

that the offer was delivered to the opposing party, together

with documentation supporting the reasonableness of their offer.

This documentation shall include, but not be limited to, the

following:

(1)  The public interest.

(2)  The interest and welfare of the employe organization.

(3)  The financial capability of the school entity.

(4)  The results of negotiations between the parties prior to

submission of last best contract offers.

(5)  Changes in the cost of living.

(6)  The existing terms and conditions of employment of the

employe organization members and those of similar groups.

(7)  Such other documentation as the arbitration panel shall

deem relevant.

* * *

(g)  Upon submission to the [arbitrator] arbitrators of both

parties' final best offers under subsection (a) or (b), the

employer shall post, within the time limits described in

subsection (d), the final best contract offers in the school

entity's main office for the purpose of soliciting public

comments thereon. Copies of both parties' final best offers

shall be available from the school entity's main office. The

cost of copies shall be established by the school entity and

shall be paid by the requestor.

* * *

(i)  Within ten (10) days of [the selection of the third

arbitrator of the arbitration panel] submission to final best-

offer arbitration, the arbitrators shall begin hearings at which

they will hear arguments from representatives of the employer

and of the employes in support of their respective last best

contract offers under subsection (a) or (b). [At least five (5)

days prior to the hearing, a written notice of the date, time

and place of such hearing shall be sent to the representatives

of both the employer and employes which are parties to the

dispute. This written notice shall also be sent to the fiscal

authority having budgetary responsibility or charged with making

appropriations for the employer, and a representative designated

by such body shall be heard at the hearing upon request of such

body or of the employer as part of the presentation of the

employer.]

(j)  Not later than [twenty (20) days after the hearing

pursuant to subsection (i)] forty-one (41) days prior to June 30

or December 31, whichever is the end of the school entity's

fiscal year, the arbitrators shall:

(1)  examine each item of dispute;

(2)  make a determination in writing consistent with the

arbitration option agreed to by the parties; and

(3)  forward a copy of the written determination to both

parties involved in the dispute and to the board.

* * *

(m)  [If the employer or the employe organization rejects the

determination of the majority of the arbitrators:

(1)  The employe organization may initiate a legal strike or

resume a legal strike initiated prior to submission to final

best-offer arbitration.

(2)  The employer may hire substitutes as provided under

subsection (b) of section 1172-A.

(3)  The employer may initiate a legal lockout or resume a

legal lockout initiated prior to submission to final best-offer

arbitration.]

(1)  If the employer rejects the determination of the

majority of the arbitrators, State funds payable to the employer

shall be withheld by the State Treasurer for the duration of the

contract dispute. During the duration of the contract dispute,

the employer may not suspend any professional employe, as

defined in section 1101, for economic reasons.

(2)  If the employe organization rejects the determination of

the majority of the arbitrators, the employe organization shall

be prohibited from initiating a legal strike or resuming a legal

strike initiated prior to submission of best-offer arbitration.

(3)  In the event that either or both parties reject the

determination of the majority of the arbitrators, both parties

shall commence round-the-clock negotiations until an agreement

is reached or a two-week period is completed, whichever occurs

first.

Section 1126-A.  Time Frame.--(a)  The time periods set forth

in this article are mandatory and shall not be construed to be

directory.

(b)  In the event that either party fails to comply with the

time periods set forth in this article, the other party may

institute a cause of action in the court of common pleas of the

judicial district encompassing the respective school district.

Section 1131-A.  Strikes Prohibited in Certain

Circumstances.--[A strike must cease where the parties request

fact-finding for the duration of the fact-finding. A strike must

end where the parties agree to arbitration.] Strikes are

prohibited:

(1)  During [the period of up to ten (10) days provided for

under section 1125-A(a).] negotiation under section 1121-A.

(1.1)  During fact-finding.

(1.2)  During mediation.

(2)  During final best-offer arbitration, including the

period of up to ten (10) days after receipt of the determination

of the arbitrators during which the employe organization and

governing body of the school entity may consider the

determination.

(3)  When the arbitrators' determination becomes final and

binding.

Section 1132-A.  Lockouts Prohibited in Certain

Circumstances.--[A lockout must cease where the parties request

fact-finding for the duration of the fact-finding. A lockout

must end where the parties agree to arbitration.] Lockouts are

prohibited:

(1)  During [the period of up to ten (10) days provided for

under section 1125-A(a).] negotiation under section 1121-A.

(1.1)  During fact-finding.

(1.2)  During mediation.

(2)  During final best-offer arbitration, including the

period of up to ten (10) days after receipt of the determination

of the arbitrators during which the employe organization and

employer may consider the determination.

(3)  When the arbitrators' determination becomes final and

binding.

Section 4.  This act shall take effect in 60 days.