PRINTER'S NO. 440
No. 413 Session of 1991
INTRODUCED BY FREIND, RYAN, ADOLPH, RAYMOND, FLICK, MICOZZIE,
CIVERA, GANNON, DURHAM, BARLEY, FARGO, DEMPSEY, VROON, CLARK,
HERSHEY, GODSHALL, REBER, M. N. WRIGHT, LEH, HECKLER,
PHILLIPS, SCHEETZ, GLADECK, HAGARTY, PITTS, BIRMELIN,
SAURMAN, CLYMER, E. Z. TAYLOR, LAWLESS, GERLACH, GAMBLE,
FOSTER, GEIST AND NOYE, FEBRUARY 12, 1991
REFERRED TO COMMITTEE ON LABOR RELATIONS, FEBRUARY 12, 1991
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. Regulating Strikes.--(a) It shall be illegal
13 for any bargaining unit of any employes of a school entity to
14 strike unless more than fifty per centum of all eligible
15 employes shall have voted in favor of the strike. All votes
16 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 shall be assessed a civil penalty
24 equal to one-ninetieth (1/90) of his annual salary or wages for
25 each day he participates in a strike conducted in violation of
26 this section.
27 (2) The board of directors of the school entity may notify
28 the secretary of any professional employe who participates in a
29 strike in violation of this section, in which event the
30 secretary or his designee shall investigate the matter and
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1 initiate proceedings against any professional employe it has
2 reason to believe has participated in a strike in violation of
3 this section. If the secretary or his designee determines that a
4 professional employe has participated in a strike in violation
5 of this section, he shall assess a civil penalty against the
6 employe in the amount prescribed by this section and notify the
7 school board of his action. Upon receipt of such notification
8 from the secretary, the school board shall deduct the civil
9 penalty from the compensation payable to the employe in equal
10 installments over the next twelve (12) pay periods and the
11 amount deducted shall be paid to the department for deposit in
12 the State Treasury. The department shall adopt regulations
13 establishing a procedure for the implementation of this
14 subsection.
15 (f) Strikes by employes of a school entity as authorized by
16 the act of July 23, 1970 (P.L.563, No.195), known as the "Public
17 Employe Relations Act," shall only be permitted after the
18 bargaining unit has given written notice by certified mail of
19 the strike to the president of the board of directors of the
20 school entity, to two (2) newspapers of general circulation
21 within that school entity, two (2) radio stations broadcasting
22 within that school entity and two (2) television stations
23 broadcasting within that school entity. All such notices shall
24 be received at least forty-eight (48) hours prior to the
25 announced date of the strike. In lieu of the required notice to
26 newspapers of general circulation, in a school entity where no
27 such newspaper is published, a notice shall be posted in at
28 least five (5) public places. If a school entity does not
29 conduct classes on the date that it was notified that a strike
30 is scheduled to occur, that entity shall not have committed an
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1 unfair practice as defined in Article XII of the "Public Employe
2 Relations Act," or a lockout for the purpose of the unemployment
3 compensation law or any other law.
4 (g) No strike shall be valid except as it is in compliance
5 with the requirements of this section.
6 (h) When used in this section, the following words and
7 phrases shall have the following meanings:
8 (1) "Eligible employe" shall mean the members of the employe
9 organization which is the exclusive representative and employes
10 paying a fair share fee to the exclusive representation as
11 required under section 2215 of the act of April 9, 1929
12 (P.L.177, No.175), known as "The Administrative Code of 1929."
13 (2) "School entity" shall mean a school district,
14 intermediate unit, or area vocational-technical school.
15 (3) "Secretary" shall mean the Secretary of Education of the
16 Commonwealth.
17 (4) "Strike" shall mean a concerted action in failing to
18 report for duty, the wilful absence from one's position, the
19 stoppage of work, slowdown, or the abstinence in whole or in
20 part from the full, faithful and proper performance of the
21 duties of employment for the purpose of inducing, influencing or
22 coercing a change in the conditions or compensation or the
23 rights, privileges or obligations of employment.
24 Section 2. The act of July 23, 1970 (P.L.563, No.195), known
25 as the Public Employe Relations Act, is repealed insofar as it
26 is inconsistent with this act.
27 Section 3. This act shall take effect as follows:
28 (1) The addition of section 112(b) of the act shall take
29 effect immediately.
30 (2) The remainder of this act shall take effect in six
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1 months.
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