Regular Session 2015-2016 Senate Bill 0645 P.N. 1090

HOUSE AMENDED

PRIOR PRINTER'S NOS. 759, 842

PRINTER'S NO. 1090

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

645

Session of

2015

INTRODUCED BY STEFANO, SCARNATI, CORMAN, FOLMER, ALLOWAY,

EICHELBERGER, VOGEL, WAGNER, AUMENT, WHITE, BARTOLOTTA AND

HUTCHINSON, APRIL 16, 2015

AS REPORTED FROM COMMITTEE ON STATE GOVERNMENT, HOUSE OF

REPRESENTATIVES, AS AMENDED, JUNE 23, 2015

AN ACT

Providing for notice and disclosure of proposed collective

bargaining agreements and related documents and for open

records.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Short title.

This act shall be known and may be cited as the Public

Employer Collective Bargaining Transparency Act.

Section 2. Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Employee organization." An organization of any kind, or any

agency or employee representation committee or plan in which

membership includes public employees, and which exists for the

purpose, in whole or in part, of dealing with employers

concerning grievances, employee-employer disputes, wages, rates

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of pay, hours of employment or conditions of work. The term does

not include any organization that practices discrimination in

membership because of race, color, creed, national origin or

political affiliation.

"Proposed collective bargaining agreement." Any terms of

bargaining between a public employer and an employee

organization covering public employee wages, benefits and

working conditions that have been reduced to writing under

section 701 of the act of July 23, 1970 (P.L.563, No.195), known

as the Public Employe Relations Act.

"Public employee" or "employee." An individual employed by a

public employer. This term does not include any of the

following:

(1) Elected officials.

(2) Appointees of the Governor with the advice and

consent of the Senate as required by law.

(3) Management-level employees.

(4) Confidential employees.

(5) Clergymen or other persons in a religious

profession, employees or personnel at church offices or

facilities when utilized primarily for religious purposes.

(6) Employees covered under the act of June 24, 1968

(P.L.237, No.111), referred to as the Policemen and Firemen

Collective Bargaining Act.

"Public employer." As follows:

(1) The Commonwealth and its political subdivisions and

any officer, board, commission, agency, authority or other

instrumentality thereof.

(2) The term does not include employers subject to the

act of June 1, 1937 (P.L.1168, No.294), known as the

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Pennsylvania Labor Relations Act, or the National Labor

Relations Act (49 Stat. 449, 29 U.S.C. § 151 et seq.).

"EMPLOYEE ORGANIZATION." AS DEFINED AS "EMPLOYE

ORGANIZATION" IN SECTION 301(3) OF THE ACT OF JULY 23, 1970

(P.L.563, NO.195), KNOWN AS THE PUBLIC EMPLOYE RELATIONS ACT.

"PROPOSED COLLECTIVE BARGAINING AGREEMENT." THE TERMS OF

BARGAINING BETWEEN A PUBLIC EMPLOYER AND AN EMPLOYEE

ORGANIZATION WHICH:

(1) APPLY TO WAGES, HOURS, TERMS AND CONDITIONS OF

EMPLOYMENT, BENEFITS AND WORKING CONDITIONS; AND

(2) ARE:

(I) REDUCED TO WRITING.

(II) AGREED UPON BY DESIGNATED REPRESENTATIVES OF

THE PUBLIC EMPLOYER AND THE EMPLOYEE ORGANIZATION.

(III) SUBMITTED FOR ACCEPTANCE AS A CONTRACT TO THE

PUBLIC EMPLOYER AND THE EMPLOYEE ORGANIZATION.

"PUBLIC EMPLOYEE" OR "EMPLOYEE." AS DEFINED AS "PUBLIC

EMPLOYE" OR "EMPLOYE" IN SECTION 301(2) OF THE ACT OF JULY 23,

1970 (P.L.563, NO.195), KNOWN AS THE PUBLIC EMPLOYE RELATIONS

ACT.

"PUBLIC EMPLOYER." AS DEFINED IN SECTION 301(1) OF THE

PUBLIC EMPLOYE RELATIONS ACT. THE TERM DOES NOT INCLUDE ANY OF

THE FOLLOWING:

(1) A NONPROFIT ORGANIZATION OR INSTITUTION.

(2) A CHARITABLE, RELIGIOUS, SCIENTIFIC, LITERARY,

RECREATIONAL, HEALTH, EDUCATIONAL OR WELFARE INSTITUTION

RECEIVING GRANTS OR APPROPRIATIONS FROM FEDERAL, STATE OR

LOCAL GOVERNMENT.

(3) A STATE-RELATED INSTITUTION AS DEFINED IN 62 PA.C.S.

§ 103 (RELATING TO DEFINITIONS).

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Section 3. Notice of PROPOSED collective bargaining agreement.

(a) Notice.--A public employer shall provide notice prior to

signing a proposed collective bargaining agreement. The notice

shall include all of the following:

(1) A statement of the terms of the proposed collective

bargaining agreement.

(2) An estimate of the costs to the public employer

associated with the proposed collective bargaining agreement.

(b) Posting.--The notice required shall be posted on the

public employer's publicly accessible Internet website beginning

at least two weeks prior to the signing of the proposed

collective bargaining agreement and continuing until at least 30

days after the signing of the collective bargaining agreement.

If a public employer does not have a publicly accessible

Internet website, the public employer must publish IN PRINTED

FORMAT the required notice once at least two weeks prior to the

signing of the proposed collective bargaining agreement AND MAKE

THE NOTICE PUBLICLY ACCESSIBLE IN THE MAIN OFFICE OF THE PUBLIC

EMPLOYER.

executed without providing the notice required under this

section shall be void and unenforceable in its entirety.

Section 4. Open records.

All of the following are public records subject to the act of

February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law:

SECTION 4. INTERNET ACCESS TO APPROVED COLLECTIVE BARGAINING

AGREEMENT.

TEN BUSINESS DAYS AFTER AN EMPLOYEE REPRESENTATIVE AND PUBLIC

EMPLOYER EXECUTE A PROPOSED COLLECTIVE BARGAINING AGREEMENT, THE

PUBLIC EMPLOYER SHALL TRANSMIT THE COLLECTIVE BARGAINING

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AGREEMENT TO THE OFFICE OF ADMINISTRATION WHERE IT SHALL BE

POSTED ON THE OFFICE OF ADMINISTRATION'S PUBLICLY ACCESSIBLE

INTERNET WEBSITE WITHIN 10 BUSINESS DAYS OF RECEIPT.

SECTION 5. OPEN RECORDS.

NOTWITHSTANDING SECTION 708(B)(8) OF THE ACT OF FEBRUARY 14,

2008 (P.L.6, NO.3), KNOWN AS THE RIGHT-TO-KNOW LAW, THE

FOLLOWING RECORDING SHALL BE REQUIRED TO BE ACCESSIBLE BY A

REQUESTER:

(1) A proposed collective bargaining agreement made by a

public employer or received by a public employer from an

employee organization. The proposed collective bargaining

agreement shall be posted on the public employer's publicly

accessible Internet website within 48 hours of receipt of the

proposed collective bargaining agreement.

(2) Any documents that are presented by a public

employer or received by a public employer from an employee

organization, in the course of collective bargaining.

Section 5 6. EFFECTIVE DATE.

This act shall take effect in 30 days.

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