Regular Session 2021-2022 House Bill 2170 P.N. 2524

PRINTER'S NO. 2524

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

2170

Session of

2021

INTRODUCED BY D. MILLER, DELLOSO, FREEMAN, SCHLOSSBERG, RABB,

NEILSON, SANCHEZ AND PISCIOTTANO, DECEMBER 14, 2021

REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, DECEMBER 14, 2021

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, further

providing for election requests, consent to election, notice

and pre-election hearings and for appropriateness of unit; in

scope of bargaining, repealing provisions relating to first

level supervisors; in collective bargaining impasse, further

providing for commencement of mediation and for continuation

of mediation and fact-finding panels; and repealing

provisions relating to picketing.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 603 of the act of July 23, 1970 (P.L.563,

No.195), known as the Public Employe Relations Act, is amended

by adding subsections to read:

Section 603. * * *

(e) Within two business days after receiving the notice of a

pre-election hearing under this section, along with the docket

letter from the board, the public employer shall:

(1) Post the notice of petition for election in conspicuous

places, including all places where notices for its employes are

customarily posted, so that all pages of the notice of petition

for election are simultaneously visible.

(2) Either of the following:

(i) If the public employer customarily communicates with all

of its employes through electronic means, distribute the notice

of petition for election through electronic means to all of the

employes of the proposed unit.

(ii) If the public employer customarily communicates with

only some of its employes through electronic means, distribute

the notice of petition for election through electronic means to

those employes of the proposed unit.

(f) The public employer shall maintain the posting of the

notice of petition for election under subsection (e) until the

petition is dismissed or withdrawn or the notice of petition for

election is replaced by the notice of election. Failure to

properly post or distribute the notice of petition for election

may be grounds for setting aside the election whenever proper

and timely objections are filed.

(g) Except in cases presenting unusually complex issues, the

board shall schedule a pre-election hearing under this section

on the eighth day following the date of service of the notice of

the pre-election hearing, excluding any intervening Federal or

State holiday. The following apply:

(1) If the eighth day falls on a Federal or State holiday or

weekend, the pre-election hearing shall commence the next

business day following the holiday or weekend.

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(2) The pre-election hearing shall continue from day to day

until completed, unless the designated representative of the

board concludes that extraordinary circumstances warrant

otherwise.

(h) Following an affirmative decision made during the pre-

election hearing under this section to hold a representation

election, the representation election shall be held at the

earliest date practicable, but no later than forty-five days

from the conclusion of the pre-election hearing.

Section 2. Section 604(1) of the act is amended to read:

Section 604. The board shall determine the appropriateness

of a unit which shall be the public employer unit or a

subdivision thereof. In determining the appropriateness of the

unit, the board shall:

(1) Take into consideration but shall not be limited to the

following: (i) public employes must have an identifiable

community of interest, and (ii) the effects of substantial or

unreasonable over-fragmentization.

* * *

Section 3. Section 704 of the act is repealed:

[Section 704. Public employers shall not be required to

bargain with units of first level supervisors or their

representatives but shall be required to meet and discuss with

first level supervisors or their representatives, on matters

deemed to be bargainable for other public employes covered by

this act.]

Section 4. Sections 801 and 802 introductory paragraph of

the act are amended to read:

Section 801. If after a reasonable period of negotiation, a

dispute or impasse exists between the representatives of the

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public employer and the public employes, the parties may

voluntarily submit to mediation but if no agreement is reached

between the parties within twenty-one days after negotiations

have commenced, but in no event later than [one hundred fifty]

ninety days prior to the "budget submission date," and mediation

has not been utilized by the parties, both parties shall

immediately, in writing, call in the service of the Pennsylvania

Bureau of Mediation. This section shall not apply to initial or

first contracts, except that either party may voluntarily submit

to mediation and call in the service of the Bureau of Mediation

at any time at least sixty days after negotiations have

commenced.

Section 802. 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 [twenty]

thirty days after mediation has commenced [or in no event later

than one hundred thirty days prior to the "budget submission

date,"], the Bureau of Mediation shall notify the board of this

fact. Upon receiving such notice the board may in its discretion

appoint a fact-finding panel which panel may consist of either

one or three members. If a panel is so designated or selected it

shall hold hearings and take oral or written testimony and shall

have subpoena power. If during this time the parties have not

reached an agreement, the panel shall make findings of fact and

recommendations:

* * *

Section 5. Article XI of the act is repealed:

[ARTICLE XI

Picketing

Section 1101. Public employes, other than those engaged in a

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nonprohibited strike, who refuse to cross a picket line shall be

deemed to be engaged in a prohibited strike and shall be subject

to the terms and conditions of Article X pertaining to

prohibited strikes.]

Section 6. This act shall take effect in 60 days.

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