PRINTER'S NO. 1806
No. 1545 Session of 1989
INTRODUCED BY KOSINSKI, TRELLO, McCALL, HARPER, GIGLIOTTI,
ROBINSON, BISHOP, VEON, KENNEY, O'BRIEN, J. TAYLOR AND WOGAN,
MAY 23, 1989
REFERRED TO COMMITTEE ON EDUCATION, MAY 23, 1989
AN ACT
1 Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
2 act relating to the public school system, including certain
3 provisions applicable as well to private and parochial
4 schools; amending, revising, consolidating and changing the
5 laws relating thereto," further providing for collective
6 bargaining in school districts of the first class.
7 The General Assembly declares that it is the public policy of
8 this Commonwealth and the purpose of this act to promote
9 orderly, constructive and harmonious relationships between each
10 school district of the first class and its school administrator
11 employees, subject, however, to the paramount right of the
12 citizens of this Commonwealth to keep inviolate the guarantees
13 for their health, safety and welfare and to the duty and
14 responsibility of the boards of public education of school
15 districts of the first class to provide an appropriate education
16 to the children of their districts. Unresolved disputes between
17 boards of public education of school districts of the first
18 class and their employees charged with managing, supervising and
19 administering the educational programs may be injurious to the
1 public and pupils. The delineation of the responsibilities, the
2 clarification of the administrative roles and the facilitation
3 of communications are vital to the functioning of the
4 educational system. Recognizing that continuing harmonious
5 relationships between school districts of the first class and
6 their management, supervisory and administrative employees are
7 essential to the educational process, the General Assembly has
8 determined that the overall policy may best be accomplished by
9 requiring school districts of the first class to negotiate and
10 bargain with employee organizations representing their
11 management, supervisory and administrative employees and to
12 enter into written agreements evidencing the result of such
13 bargaining.
14 The General Assembly of the Commonwealth of Pennsylvania
15 hereby enacts as follows:
16 Section 1. The act of March 10, 1949 (P.L.30, No.14), known
17 as the Public School Code of 1949, is amended by adding a
18 section to read:
19 Section 2134. Collective Bargaining.--(a) Upon the written
20 request of an employe organization, the appropriate
21 representatives of the board of public education of a school
22 district of the first class shall be required to enter into
23 collective bargaining with representatives of the school
24 administrator's employe organization for the purpose of reaching
25 agreement upon all questions concerning wages, hours and other
26 terms and conditions of employment. Any agreement reached as a
27 result of such collective bargaining shall contain, but shall
28 not be limited to, provisions concerning school administrators'
29 salaries and fringe benefits and a procedure for the resolution
30 of grievances which shall contain provisions for final, binding
19890H1545B1806 - 2 -
1 arbitration of disputes or grievances arising out of the
2 interpretation of the provisions of the collective bargaining
3 agreement. The procedure to be adopted is a proper subject of
4 bargaining.
5 (b) Once an agreement is reached between the school district
6 of the first class and the school administrator's employe
7 organization, the agreement shall be reduced to writing and
8 signed by the parties. Any provisions of the contract requiring
9 legislative action will be effective only if such legislation is
10 enacted. Such agreement shall continue in effect until the time
11 specified in the agreement, but in no event for less than one
12 school year.
13 (c) (1) If in any case where the collective bargaining
14 process reaches an impasse and stalemate with the result that
15 said school district of the first class and the school
16 administrators' organization are unable to effect a settlement,
17 then either party to the dispute, after written notice to the
18 other party containing specifications of the issue or issues in
19 dispute, may request the appointment of a board of arbitration.
20 An impasse or stalemate shall be deemed to occur in the
21 collective bargaining process if the parties do not reach a
22 settlement of the issue or issues in dispute by way of a written
23 agreement within six months after collective bargaining
24 proceedings have been initiated.
25 (2) The board of arbitration shall be composed of three
26 persons, one appointed by the board of public education, one
27 appointed by the employe representative and a third member to be
28 agreed upon by the board of public education and employe
29 representative. The members of the board representing the board
30 of public education and the employe representative shall be
19890H1545B1806 - 3 -
1 named within five days from the date of the request for the
2 appointment of such board. If, after a period of ten days from
3 the date of the appointment of the two arbitrators appointed by
4 the board of public education and by the employe representative,
5 the third arbitrator has not been selected by them, then either
6 arbitrator may request the American Arbitration Association, or
7 its successor in function, to furnish a list of three members of
8 said association who are residents of this Commonwealth from
9 which the third arbitrator shall be selected. The arbitrator
10 appointed by the board of public education shall eliminate one
11 name from the list within five days after publication of the
12 list, following which the arbitrator appointed by the employe
13 representative shall eliminate one name from the list within
14 five days thereafter. The individual whose name remains on the
15 list shall be the third arbitrator and shall act as chairman of
16 the board of arbitration. The board of arbitration thus
17 established shall commence the arbitration proceedings within
18 ten days after the third arbitrator is selected and shall make
19 its determination within thirty days after the appointment of
20 the third arbitrator.
21 (3) The determination of the majority of the board of
22 arbitration thus established shall be final on the issue or
23 issues in dispute and shall be binding upon the board of public
24 education and the employe representative. Such determination
25 shall be in writing and a copy thereof shall be forwarded to
26 both parties to the dispute. No appeal therefrom shall be
27 allowed to any court. Such determination shall constitute a
28 mandate to the board of public education to take the action
29 necessary to carry out the determination of the board of
30 arbitration.
19890H1545B1806 - 4 -
1 (4) With respect to matters which require legislative action
2 by the board of public education for implementation, such action
3 shall be taken within one month following publication of the
4 findings. The effective date of any such action shall be the
5 first day of the fiscal year following the fiscal year during
6 which the action is thus taken.
7 (5) The compensation, if any, of the arbitrator appointed by
8 the employe representative shall be paid by them. The
9 compensation of the other two arbitrators, as well as all
10 stenographic and other expenses incurred by the arbitration
11 panel in connection with the arbitration proceedings, shall be
12 paid by the board of public education.
13 (d) School administrators shall continue to be subject to
14 the prohibition against strikes contained in the act of June 30,
15 1947 (P.L.1183, No.492), referred to as the Public Employe Anti-
16 Strike Law.
17 (e) The following words, when used in this section, shall
18 have the following meaning, except where the context clearly
19 indicates or requires a different meaning:
20 "Collective bargaining," "bargain" and "negotiate" shall mean
21 the performance of the mutual obligation of school districts of
22 the first class and the employe representative to meet at
23 reasonable times and confer in good faith with respect to wages,
24 hours and other terms and conditions of employment, or the
25 negotiation of an agreement or any question arising thereunder
26 and the execution of a written contract incorporating any
27 agreement reached, but such obligation does not compel either
28 party to agree to a proposal or require the making of a
29 concession, but shall not include a requirement to bargain over
30 matters of inherent managerial policy nor the implementation of
19890H1545B1806 - 5 -
1 any provision which would be in violation of, or inconsistent
2 with, or in conflict with, any statute or statutes of the
3 Commonwealth, excluding, however, section 704 of the act of July
4 23, 1970 (P.L.563, No.195), known as the "Public Employe
5 Relations Act."
6 "Employe organization" shall mean an organization or any
7 agency or employe representation committee or plan in which
8 membership is limited to school administrators and which exists
9 for the purpose, in whole or in part, of dealing with school
10 districts of the first class concerning grievances, employe-
11 employer disputes, wages, hours of employment or conditions of
12 work, but shall not include any organization which practices
13 discrimination in membership because of race, color, creed,
14 national origin or political affiliation.
15 "School administrator" shall mean all management, supervisory
16 and administrative employes of a school district of the first
17 class below the rank of superintendent, district superintendent,
18 executive director, associate superintendent, assistant
19 superintendent or assistant executive director, but including
20 the rank of first level supervisor, who, by virtue of assigned
21 duties, is in or is eligible to be in a "meet and discuss unit"
22 as defined and created under the act of July 23, 1970 (P.L.563,
23 No.195), known as the "Public Employe Relations Act," and all
24 other employes except those specified in this definition. The
25 term shall not include those in or eligible to be in a rank and
26 file unit of public employes as created under the aforesaid
27 "Public Employe Relations Act," or any employe who has the
28 duties and responsibilities of a personnel director.
29 Section 2. The act of July 23, 1970 (P.L.563, No.195), known
30 as the Public Employe Relations Act, is repealed insofar as it
19890H1545B1806 - 6 -
1 is inconsistent with the provisions of this act.
2 Section 3. This act shall take effect immediately.
E11L24JLW/19890H1545B1806 - 7 -