See other bills
under the
same topic
PRINTER'S NO. 1364
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1178
Session of
2019
INTRODUCED BY MADDEN, MEHAFFIE, DELLOSO, BARRAR, BIZZARRO,
BOYLE, BRIGGS, BURGOS, CALTAGIRONE, CARROLL, CEPHAS, CIRESI,
COMITTA, DALEY, A. DAVIS, T. DAVIS, DAWKINS, DEASY, DERMODY,
DiGIROLAMO, DONATUCCI, FIEDLER, FITZGERALD, FLYNN, FRANKEL,
FREEMAN, GAINEY, GOODMAN, HANBIDGE, HARKINS, HARRIS, HILL-
EVANS, HOHENSTEIN, INNAMORATO, ISAACSON, KENYATTA, KIM,
KINSEY, KORTZ, KOSIEROWSKI, KULIK, LONGIETTI, MALAGARI,
MARKOSEK, McCARTER, McCLINTON, McNEILL, MERSKI, D. MILLER,
MULLERY, MULLINS, NEILSON, O'MARA, OTTEN, PASHINSKI, RABB,
RAVENSTAHL, READSHAW, ROZZI, SAINATO, SANCHEZ, SAPPEY,
SCHLOSSBERG, SCHWEYER, SIMS, SNYDER, ULLMAN, VITALI, WARREN,
WILLIAMS, YOUNGBLOOD, ZABEL, SAMUELSON AND KRUEGER,
APRIL 10, 2019
REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, APRIL 10, 2019
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," in representation, providing
for bargaining representative; and providing for new employee
orientation and information.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of July 23, 1970 (P.L.563, No.195), known
as the Public Employe Relations Act, is amended by adding a
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
section to read:
Section 608. (a) Notwithstanding any other provision of
this article, when an employe, group of employes or any employe
organization acting on their behalf files a petition alleging
that a majority of employes in a unit appropriate for collective
bargaining purposes wish to be represented by an individual or
employe organization for such purposes, the public employer
shall investigate the petition. If the employer finds that a
majority of the employes in a unit appropriate for bargaining
purposes have signed valid authorizations designating the
individual or employe organization specified in the petition as
their bargaining representative and that no other individual or
employe organization is currently certified or recognized as the
exclusive representative of any of the employes in the unit, the
employer shall certify the individual or employe organization as
the bargaining representative for that unit.
(b) The board shall develop guidelines and procedures for
the designation of a bargaining representative by employes under
subsection (a). The guidelines and procedures shall include:
(1) Model collective bargaining authorization language that
may be used for the purpose of making a designation.
(2) Procedures to be used by a public employer to establish
the validity of signed authorizations designating a bargaining
representative.
Section 2. The act is amended by adding an article to read:
ARTICLE VI-A
NEW EMPLOYEE ORIENTATION AND INFORMATION
Section 601-A. Definitions.
The following words and phrases when used in this article
shall have the meanings given to them in this section unless the
20190HB1178PN1364 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
context clearly indicates otherwise:
"Bureau." The Bureau of Mediation within the Department of
Labor and Industry of the Commonwealth.
"Interest arbitration." A process in which an employer and
an exclusive representative submit a dispute concerning the
terms of access to new employee orientations for resolution to a
third-party arbitrator who is then authorized to approve either
party's proposal in its entirety, approve a proposal using both
parties' final proposals or to modify the proposals by the
parties.
"New employee orientation." The process for a newly hired
public employee, whether in person, online or through other
means or mediums, in which an employee is advised of his
employment status, rights, benefits, duties and responsibilities
or any other employment-related matters.
"Newly hired public employee." An employee, whether
permanent, temporary, full time, part time or seasonal, hired by
a public employer who has not received new employee orientation.
Section 602-A. Access to new employee orientations.
Each public employer shall provide the employee organization
access to its new employee orientations. The employee
organization shall receive no less than 10 days' notice in of an
orientation, except that a shorter notice may be provided in a
specific instance where there is an urgent need critical to the
employer's operations that was not reasonably foreseeable. The
structure, time and manner of employee organization access shall
be determined through mutual agreement between the employer and
the employee organization.
Section 603-A. Negotiations.
(a) Topics of negotiation.--Upon request of the employer or
20190HB1178PN1364 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
employee organization, the parties shall negotiate regarding the
structure, time and manner of the access of the employee
organization to a new employee orientation. Failure to reach an
agreement on the structure, time and manner of the access shall
be subject to compulsory interest arbitration under this
section.
(b) Disputes.--
(1) (i) Except as provided in subparagraph (ii), when
negotiating access to a new employee orientation, if a
dispute is not resolved within 45 days after the first
meeting of the parties, or within 60 days after the
initial request to negotiate, whichever is first, either
party may make a demand for compulsory interest
arbitration, and if a demand is made, the procedure
prescribed by this subsection shall apply. The arbitrator
selection process under paragraph (2) shall commence no
later than 14 days prior to the end of the negotiation
period provided in this subsection. A party may not
submit a proposal to compulsory interest arbitration that
was not the party's final proposal during the
negotiations. In the case of a school district employer
whose administrative offices are closed during the
summer, the timeline on this subsection shall commence on
the first day that the district administrative office
reopens.
(ii) Notwithstanding subparagraph (i), the parties
may mutually agree to submit their dispute to compulsory
interest arbitration at any time.
(2) Except as provided in paragraph (4), the appointment
of an arbitrator for compulsory interest arbitration shall be
20190HB1178PN1364 - 4 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
made by the bureau using the process to obtain a panel of
arbitrators. Within seven days of receipt of a request for a
panel, the bureau shall send the parties a list of seven
arbitrators selected from the bureau's roster. Within seven
days following the receipt of the list, the parties shall
make their selection. Unless the parties agree on an
alternate selection procedure, the parties shall
alternatively strike one name from the list provided until
only one name remains. A coin toss shall determine which
party shall strike the first name. In lieu of this process,
the parties may mutually select an individual to serve as the
arbitrator. A party that fails to participate in the
selection of an arbitrator within the prescribed period
waives its rights to strike names from the list. Compulsory
interest arbitration shall commence either on the
arbitrator's earliest available date or any other date to
which the parties agree and shall be completed within no less
than 30 days. The decision of the arbitrator shall be issued
within 10 days and shall be final and binding on the parties.
The decision shall provide the exclusive representative with
reasonable access to the new employee orientations. The
arbitrator shall consider, weigh and be guided by the
following criteria:
(i) The ability of the exclusive representative to
communicate with the public employees it represents.
(ii) The legal obligations of the exclusive
representative to the public employees.
(iii) Federal, State and local laws that are
applicable to the employer.
(iv) Stipulations of the parties.
20190HB1178PN1364 - 5 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(v) The interests and welfare of the public and the
financial condition of the public employer.
(vi) The structure, time and manner of access of an
exclusive representative to a new employee orientation by
comparable public employers, including the access
provisions in other memoranda of understanding or
collective bargaining agreements containing those
provisions.
(vii) Any other facts that are normally or
traditionally taken into consideration in establishing
the structure, time and manner of access of an exclusive
representative to a new employee orientation.
(3) The parties shall equally share all costs of
arbitration.
(4) If a municipality or county objects to the procedure
for appointment of an arbitrator under paragraph (2), that
municipality or county, within five days of a demand for
arbitration by the employee organization, may request that
the board appoint an administrative law judge or other
employee to serve as the arbitrator in lieu of an arbitrator
appointed by the bureau. The municipality or county shall pay
for the cost of the arbitrator. The board shall appoint the
arbitrator within five days of receiving the request. The
same procedures, criteria and timeline for arbitrations under
paragraph (2) shall apply.
(c) Existing agreements.--During the period between the
effective date of this section and the expiration of an existing
memorandum of understanding or collective bargaining agreement
between the parties, a request to meet and confer under
subsection (a) shall reopen the existing memorandum of
20190HB1178PN1364 - 6 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
understanding or collective bargaining agreement solely for the
limited purpose of negotiating an agreement regarding access of
the employee organization to the new employee orientations.
Either party may elect to negotiate a side letter or similar
agreement in lieu of reopening the existing memorandum of
understanding or collective bargaining agreement. This
subsection does not abrogate existing agreements between public
employers and recognized employee organizations.
(d) Other requirements.--This section does not prohibit an
agreement between a public employer and an employee organization
that provides for new employee orientations that vary from the
requirements of this article. If such an agreement is
negotiated, the requirements of this article shall not apply to
the extent that they are inconsistent with the agreement. In the
absence of a mutual agreement regarding new employee
orientations, this article shall apply.
(e) Modification.--This section shall not modify the scope
of collective bargaining or representation under any applicable
employer-employee relations statute.
Section 604-A. Employee information.
(a) General rule.--The public employer shall provide the
employee organization with the name, job title, department, work
location, work, home and personal cellular telephone numbers and
personal e-mail address on file with the employer, and home
address of any newly hired employee within 30 days of the date
of hire or by the first pay period of the month following hire.
The public employer shall also provide the employee organization
with a list of information for all employees in the collective
bargaining unit at least every 120 days unless more frequent or
more detailed lists are required by an agreement with the
20190HB1178PN1364 - 7 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
employee organization. The information identified in this
section shall be provided to the employee organization
regardless of whether the newly hired public employee was
previously employed by the public employer and shall be
confidential. The public employer and employee organization
shall adhere to any confidentiality guidelines established by
the board.
(b) Timing.--This section does not preclude a public
employer and employee organization from agreeing to a different
time interval within which the public employer provides the
employee organization with the name, job title, department, work
location, work, home and personal cellular telephone numbers,
personal e-mail addresses and home address of any newly hired
employee or member of the bargaining unit.
Section 3. This act shall take effect in 60 days.
20190HB1178PN1364 - 8 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15