PRINTER'S NO. 4344

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

2852

Session of

2020

INTRODUCED BY DIAMOND, COX, GAYDOS, RYAN AND SCHEMEL,

SEPTEMBER 9, 2020

REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, SEPTEMBER 9, 2020

and findings of arbitrators," providing for public notice,

further providing for board of arbitration, powers and

procedures regarding arbitration and for determination of

board of arbitration, providing for issues excluded from

collective bargaining and arbitration and further providing

for costs and expenses.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. The act of June 24, 1968 (P.L.237, No.111),

referred to as the Policemen and Firemen Collective Bargaining

subdivision, the governing body of the political subdivision may

adopt an ordinance to require public notice under this section.

(ii) For a public employer serving multiple political

subdivisions, the governing body that controls the public

employer, including a board or commission established by the

participating political subdivisions, may adopt a resolution to

require public notice under this section. If there is no

governing body that controls the public employer, the governing

bodies of the participating political subdivisions may all adopt

ordinances to require public notice under this section.

(2) An agency, authority or instrumentality of the

accessible Internet website beginning at least thirty days prior

to the beginning of collective bargaining.

(2) If a public employer does not have a publicly accessible

Internet website, the public employer shall publish the notice

under subsection (a) once in a newspaper of general circulation

at least four weeks prior to the beginning of collective

bargaining.

(3) The notice under subsection (a) must include the

following:

(i) A statement of the terms of the current collective

policemen and firemen is subject to the requirements of this act

and may be referred to binding arbitration if the collective

bargaining process reaches an impasse.

(iv) Notice of the public comment period under subsection

(c) and instructions for members of the public to submit

comments by mail and electronically.

(c) A public employer that provides the notice under

subsection (a) shall accept public comments on upcoming

collective bargaining negotiations. The following shall apply:

(1) The public comment period shall begin five business days

this section shall be void.

Section 2. Sections 4(b), 6 and 7 of the act are amended to

read:

Section 4. * * *

(b) The following shall apply:

(1) The board of arbitration shall be composed of three

persons, one appointed by the public employer, one appointed by

the body of policemen or firemen involved, and a neutral third

[member] arbitrator to be agreed upon by the public employer and

[such] the policemen or firemen. The members of the board

appointment of the two arbitrators appointed by the public

employer and by the policemen or firemen, the third arbitrator

has not been selected by them, [then] either arbitrator, within

five days, may request the [American Arbitration Association, or

its successor in function,] president judge of the county court

of common pleas to furnish a list of [three members of said

association] seven attorneys in good standing who are residents

of Pennsylvania from which the neutral third arbitrator shall be

selected. [The arbitrator appointed by the public employer shall

eliminate one name from the list within five days after

ensure that the list of seven attorneys reflects the demographic

makeup of the area served by the public employer. In the case of

disputes involving an agency, authority or instrumentality of

this Commonwealth, the president judge of Commonwealth Court

shall provide a list.

(3) Beginning with the first selection of arbitrators that

occurs between a public employer and policemen or firemen

employed on or after the effective date of this paragraph the

policemen or fireman employed shall be the first to eliminate a

name from the list and thereafter, the parties shall alternate

the list shall be the neutral third arbitrator and shall act as

chairman of the board of arbitration.

(4) The board of arbitration thus established shall commence

the arbitration proceedings within ten days after the neutral

third arbitrator is selected and shall make its determination

within [thirty] sixty days after the appointment of the neutral

third arbitrator.

Section 6. (a) Each of the arbitrators selected in

accordance with section 4 [hereof] shall have the power to

administer oaths and compel the attendance of witnesses and

apply:

(i) All documents and evidence of record submitted by a

party at the public hearing shall be public records subject to

the act of February 14, 2008 (P.L.6, No.3), known as the Right-

to-Know Law.

(ii) A stenographic recording of the public hearing shall be

made.

(2) Paragraph (1) shall not apply to a bargaining session

between the parties conducted before the hearing or an executive

session or other meeting between the arbitrators conducted after

employer and the policemen or firemen involved. [Such] The

following shall apply:

(1) The determination shall be in writing and [a copy

thereof shall be forwarded to both parties to the dispute. No

appeal therefrom shall be allowed to any court. Such

determination shall constitute a mandate to the head of the

political subdivision which is the employer, or to the

appropriate officer of the Commonwealth if the Commonwealth is

the employer, with respect to matters which can be remedied by

administrative action, and to the lawmaking body of such

and detailed analysis, based on the evidence presented at the

hearing, as evaluated and studied in any subsequent executive

sessions, of all of the following:

(i) The cost of the award to the political subdivision and

the impact that the award will have on the finances and services

provided by the political subdivision.

(ii) The relationship between projected revenues of the

political subdivision and the ability of the political

subdivision to pay all the costs of the award, including any

cost increases that may result from preexisting terms and

(2) The determination shall be a public record and a copy of

the determination shall be forwarded to both parties to the

dispute.

(3) No appeal shall be allowed to any court if the

determination complies with this section, unless:

(i) the board of arbitration exceeded its powers or

jurisdiction;

(ii) the proceedings were irregular;

(iii) the determination requires an unconstitutional act;

(iv) the determination would result in the deprivation of a

to matters which can be remedied by administrative action, and

to the lawmaking body of the political subdivision or the

Commonwealth with respect to matters that require legislative

action, to take the action necessary to carry out the

determination of the board of arbitration.

(b) With respect to matters [which] that require legislative

action for implementation, [such] the legislation shall be

enacted, in the case of the Commonwealth, within six months

following publication of the findings, and, in the case of a

political subdivision of the Commonwealth, within one month

(c) A determination of the board of arbitration may

alternatively be referred to as an award or settlement. The

reference shall not affect the applicability of this act.

Section 3. The act is amended by adding a section to read:

Section 7.1. (a) Policies and procedures related to

employee discipline for policemen may be the subject of

collective bargaining or arbitration under this act, except for

policies and procedures related to discipline for any of the

following:

(1) Conduct constituting a criminal offense.

subsection (a)(1), (2) and (3) shall be at the discretion of the

employer.

(c) A collective bargaining agreement or arbitration award

shall not prohibit the release of information about a final

disciplinary decision of the employer, for infractions listed in

subsection (a)(1), (2) and (3), to another Federal or State law

enforcement agency for the purposes of making a hiring decision.

(d) This section shall not be construed to:

(1) impair the rights of an employee under any other Federal

or State law providing protections for employees from unlawful

(3) impair the criminal or civil due process rights of a

policeman under Federal or State law.

Section 4. Section 8 of the act is amended to read:

Section 8. [The compensation, if any, of the arbitrator

appointed by the policemen or firemen shall be paid by them. The

compensation of the other two arbitrators, as well as all

stenographic and other expenses incurred by the arbitration

panel in connection with the arbitration proceedings, shall be

paid by the political subdivision or by the Commonwealth, as the

case may be.] (a) Except as provided under subsection (b), the

incurred by the board of arbitration as a result of the

arbitration proceedings shall be divided as follows:

(1) One-half of the fees and costs shall be paid by the

public employer.

(2) One-half of the fees and costs shall be paid by the

policemen and firemen who are engaged in the collective

bargaining.

Section 5. This act shall take effect in 60 days.