PRINTER'S NO. 837
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
702
Session of
2019
INTRODUCED BY STEFANO, PHILLIPS-HILL, SCARNATI, MENSCH, K. WARD,
FOLMER, MARTIN, DiSANTO, VOGEL, J. WARD AND WHITE,
MAY 31, 2019
REFERRED TO EDUCATION, MAY 31, 2019
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 definitions and providing for union leave.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1101-A of the act of March 10, 1949
(P.L.30, No.14), known as the Public School Code of 1949, is
amended by adding definitions to read:
Section 1101-A. Definitions.--When used in this article, the
following words and phrases shall have the following meanings:
* * *
"Statewide employe organization" shall mean the Statewide
affiliated parent organization of an employe organization.
* * *
"Substitute" shall have the meaning given to it in section
1101.
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"Union leave" shall mean any arrangement under which an
employe takes leave from employment with an employer for the
purpose of service with a Statewide employe organization or an
employe organization.
Section 2. The act is amended by adding a section to read:
Section 1173-A. Union Leave.--(a) Subject to subsection (b)
and notwithstanding 24 Pa.C.S. § 8302 (relating to credited
school service) or any other provision of law, no collective
bargaining agreement or contract between an employe organization
and school district entered into, renewed or extended on or
after the effective date of this section may allow an employe to
take union leave from an employer.
(b) Notwithstanding subsection (a), the following shall
apply:
(1) Each Statewide employe organization may designate not
more than three (3) individuals throughout the Commonwealth at
any time who may take union leave, provided that each designated
individual may take union leave for a cumulative period of no
more than six (6) school years, subject to subsection (c).
(2) An employe who is not designated under paragraph (1) may
take union leave for no more than three (3) consecutive days
within any week and for a cumulative period of no more than
fifteen (15) days each school year, subject to subsection (c).
(c) When an employe is permitted to take union leave from an
employer pursuant to subsection (b) or pursuant to a collective
bargaining agreement or contract entered into prior to the
effective date of this section and remaining in effect on the
effective date of this section, the following shall apply,
except as prohibited by a collective bargaining agreement or
contract entered into prior to the effective date of this
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section and remaining in effect on the effective date of this
section:
(1) The Statewide employe organization or employe
organization shall reimburse the employer for:
(i) Any monetary compensation or benefits accrued by an
employe during the period of union leave.
(ii) The services of any substitute engaged by the employer
to perform the duties of the employe during the period of union
leave.
(iii) Any contribution made by the employer on behalf of the
employe under 24 Pa.C.S. § 8327 (relating to payments by
employers) for the period of union leave with valuation
interest.
(iv) Any contribution made by the employer on behalf of the
employe under the Social Security Act (49 Stat. 620, 42 U.S.C. §
301 et seq.) for the period of union leave.
(2) Notwithstanding 24 Pa.C.S. §§ 8326 (relating to
contributions by the Commonwealth) and 8535 (relating to
payments to school entities by Commonwealth), no payments shall
be made to the employer from funds appropriated for payment of
required contributions for public school employes' retirement on
behalf of the employe with respect to the period of union leave.
(3) Notwithstanding 24 Pa.C.S. § 8329 (relating to payments
on account of social security deductions from appropriations),
no payments shall be made to the employer from funds
appropriated for school employes' Social Security with respect
to the employe for the period of union leave.
(d) No collective bargaining agreement or contract between
an employe organization and a school district entered into,
renewed or extended on or after the effective date of this
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section shall contain provisions contrary to subsection (a), (b)
or (c).
Section 3. This act shall take effect immediately.
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