PRIOR PASSAGE - NONE
                                                       PRINTER'S NO. 358

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 328 Session of 1985


        INTRODUCED BY BLAUM, TIGUE, JAROLIN, HASAY, GREENWOOD, POTT,
           DAWIDA, BALDWIN, AFFLERBACH, MORRIS, BUNT, TRELLO, GAMBLE AND
           McCALL, FEBRUARY 13, 1985

        REFERRED TO COMMITTEE ON LABOR RELATIONS, FEBRUARY 13, 1985

                               A JOINT RESOLUTION

     1  Proposing an amendment to the Constitution of the Commonwealth
     2     of Pennsylvania, providing for the use of final offer binding
     3     arbitration procedures between certain public employees and
     4     their public employers.

     5     The General Assembly of the Commonwealth of Pennsylvania
     6  hereby resolves as follows:
     7     Section 1.  The following amendment to the Constitution of
     8  Pennsylvania is proposed in accordance with Article XI:
     9     That section 31 of Article III be amended to read:
    10  § 31.  Delegation of certain powers prohibited.
    11     (a)  The General Assembly shall not delegate to any special
    12  commission, private corporation or association, any power to
    13  make, supervise or interfere with any municipal improvement,
    14  money, property or effects, whether held in trust or otherwise,
    15  or to levy taxes or perform any municipal function whatever.
    16     (b)  Notwithstanding the foregoing limitation or any other
    17  provision of the Constitution, the General Assembly may enact
    18  laws which provide that the findings of panels or commissions,

     1  selected and acting in accordance with law for the adjustment or
     2  settlement of grievances or disputes or for collective
     3  bargaining between [policemen]:
     4     (1)  Policemen and firemen and their public employers shall
     5  be binding upon all parties [and].
     6     (2)  Professional public employees of school districts and
     7  the public employer school district by means of last final offer
     8  arbitration which shall be binding upon all parties.
     9     In either case, the conclusions of the panels shall
    10  constitute a mandate to the head of the political subdivision
    11  which is the employer, or to the appropriate officer of the
    12  Commonwealth if the Commonwealth is the employer, with respect
    13  to matters which can be remedied by administrative action, and
    14  to the lawmaking body of such political subdivision or of the
    15  Commonwealth, with respect to matters which require legislative
    16  action, to take the action necessary to carry out such findings.










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