PRINTER'S NO. 3057
No. 2278 Session of 1990
INTRODUCED BY FREIND, GLADECK, VROON, FLICK, PESCI, CHADWICK,
GODSHALL, D. F. CLARK, SCHEETZ, NAILOR, HECKLER, MERRY, LEH,
FARGO, BIRMELIN, FOX, NOYE, HERSHEY, E. Z. TAYLOR, REBER,
DEMPSEY, PITTS, MARSICO, BUSH, CLYMER AND FOSTER,
FEBRUARY 6, 1990
REFERRED TO COMMITTEE ON LABOR RELATIONS, FEBRUARY 6, 1990
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," regulating strikes by employees of
6 school entities.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. The act of March 10, 1949 (P.L.30, No.14), known
10 as the Public School Code of 1949, is amended by adding a
11 section to read:
12 Section 112. Minimum Participation in Strike Vote.--(a) It
13 shall be illegal for any bargaining unit of any employes of a
14 school entity to strike unless more than fifty per centum of all
15 eligible employes shall have voted in favor of the strike. All
16 votes shall be conducted by secret ballot.
17 (b) The Pennsylvania Labor Relations Board shall promulgate
18 regulations, within six (6) months of the effective date of this
1 section, to establish and oversee procedures for a strike vote.
2 The costs for the election shall be paid equally by the
3 Commonwealth, the school district and the employe organization.
4 (c) In lieu of the procedures established in subsection (b),
5 the employe organization and the board of directors of the
6 school entity may employ a person to oversee the strike vote to
7 determine whether it was conducted in a fair and impartial
8 manner. A determination by this person regarding the fairness
9 and impartiality of the strike vote shall be binding on both
10 parties. The costs of employing this person shall be shared
11 equally between the employe organization and the school entity.
12 (d) The strike vote shall specify the date the strike shall
13 begin. A strike by the employe organization shall be against the
14 entire school entity. Selective strikes against certain
15 facilities, grade levels, or for portions of a school day are
16 hereby prohibited. If the employe organization does not strike
17 on the specified date, the previous authorizing vote shall be
18 null and void. The employe organization shall be required to
19 schedule another vote to engage in each subsequent strike or
20 other work stoppage. Subsequent votes to authorize a strike
21 shall follow the requirements set forth in this section.
22 (e) (1) Any school employe who participates in a strike in
23 violation of this section is subject to immediate dismissal by
24 the board.
25 (2) The board of directors of the school entity shall notify
26 the Department of Education of any professional employe who
27 participates in a strike in violation of this section, in which
28 event the department shall initiate proceedings under the act of
29 December 12, 1973 (P.L.397, No.141), referred to as the Teacher
30 Certification Law, to revoke the certification of the employe
19900H2278B3057 - 2 -
1 for a period of up to five (5) years.
2 (f) Strikes by employes of a school entity as authorized by
3 the act of July 23, 1970 (P.L.563, No.195), known as the "Public
4 Employe Relations Act," shall only be permitted after the
5 bargaining unit has given written notice by certified mail of
6 the strike to the president of the board of directors of the
7 school entity, to two (2) newspapers of general circulation
8 within that school entity, two (2) radio stations broadcasting
9 within that school entity and two (2) television stations
10 broadcasting within that school entity. All such notices shall
11 be received at least forty-eight (48) hours prior to the
12 announced date of the strike. In lieu of the required notice to
13 newspapers of general circulation, in a school entity where no
14 such newspaper is published, a notice shall be posted in at
15 least five (5) public places. If a school entity does not
16 conduct classes on the date that it was notified that a strike
17 is scheduled to occur, that entity shall not have committed an
18 unfair practice as defined in Article XII of the "Public Employe
19 Relations Act," or a lockout for the purpose of the unemployment
20 compensation law or any other law.
21 (g) Any parent or guardian of a pupil enrolled in a school
22 entity which is the subject of a strike conducted in violation
23 of this section, who suffers any pecuniary loss due to such
24 unlawful strike, may bring a civil action for damages in the
25 court of common pleas against the employe organization and
26 school employes participating in the unlawful strike and, in
27 addition to other relief, shall be entitled to recover
28 reasonable attorney fees and all court costs. The action may be
29 certified as a class action and if it is so certified, the award
30 of attorney fees shall be limited to legal fees incurred in
19900H2278B3057 - 3 -
1 representing the prevailing plaintiff in the class. The school
2 entity shall not indemnify the employe organization or any
3 school employe or otherwise make any payment of any judgment or
4 settlement on the suit authorized by this subsection.
5 (h) No strike shall be valid except as it is in compliance
6 with the requirements of this section.
7 (i) When used in this section the following words and
8 phrases shall have the following meanings:
9 (1) "Eligible employe" shall mean the members of the employe
10 organization which is the exclusive representative and employes
11 paying a fair share fee to the exclusive representation as
12 required under section 2215 of the act of April 9, 1929
13 (P.L.177, No.175), known as "The Administrative Code of 1929."
14 (2) "School entity" shall mean a school district,
15 intermediate unit, or area vocational-technical school.
16 (3) "Strike" shall mean a concerted action in failing to
17 report for duty, the wilful absence from one's position, the
18 stoppage of work, slowdown, or the abstinence in whole or in
19 part from the full, faithful and proper performance of the
20 duties of employment for the purpose of inducing, influencing or
21 coercing a change in the conditions or compensation or the
22 rights, privileges or obligations of employment.
23 Section 2. The act of July 23, 1970 (P.L.563, No.195), known
24 as the Public Employe Relations Act, is repealed insofar as it
25 is inconsistent with this act.
26 Section 3. This act shall take effect as follows:
27 (1) Section 112(b) shall take effect immediately.
28 (2) The remainder of this act shall take effect in six
29 months.
A31L24CHF/19900H2278B3057 - 4 -