PRINTER'S NO. 1397
THE GENERAL ASSEMBLY OF PENNSYLVANIA
INTRODUCED BY TALLMAN, METCALFE, ROCK, AUMENT, BARRAR, BLOOM, CLYMER, EVERETT, HARPER, HICKERNELL, MUSTIO, SACCONE, SWANGER, TRUITT AND WATSON, APRIL 9, 2013
REFERRED TO COMMITEE ON EDUCATION, APRIL 9, 2013
1Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
2act relating to the public school system, including certain
3provisions applicable as well to private and parochial
4schools; amending, revising, consolidating and changing the
5laws relating thereto," deleting and replacing provisions
6relating to collective bargaining between public school
7employees and their public employers; setting forth public
8policy relating to public school employee strikes; providing
9for assessments and for duties of the Bureau of Mediation and
10the Pennsylvania Labor Relations Board; and imposing
14Section 1. Article XI-A heading, subdivision (a) heading,
15section 1101-A, subdivision (b) heading, sections 1111-A and
161112-A, subdivision (c) heading, sections 1121-A, 1122-A,
171123-A, 1124-A, 1125-A, 1126-A and 1127-A and subdivision (d)
18heading of the act of March 10, 1949 (P.L.30, No.14), known as
19the Public School Code of 1949, added July 9, 1992 (P.L.403,
20No.88), are repealed:
1(a) General Provisions.
4"Board" shall mean the Pennsylvania Labor Relations Board.
5"Employe" shall mean a public school employe who bargains
6collectively with a public school entity, but shall not include
7employes covered or presently subject to coverage under the act
8of June 1, 1937 (P.L.1168, No.294), known as the "Pennsylvania
9Labor Relations Act," or the National Labor Relations Act (61
10Stat. 152, 29 U.S.C. Ch. 7 Subch. 11). The term does not include
11any management-level employe of any other school district.
12"Employe organization" shall mean a public school employe
13organization of any kind, or any agency or employe
14representation committee or plan in which membership is limited
15to public school employes, and which exists for the purpose, in
16whole or in part, of dealing with public school employers
17concerning grievances, public school employe-public school
18employer disputes, wages, rates of pay, hours of employment or
19conditions of work, but shall not include any organization which
20practices discrimination in membership because of race, color,
21creed, national origin or political affiliation.
22"Employer" shall mean a public school entity, but shall not
23include employers covered or presently subject to coverage under
24the act of June 1, 1937 (P.L.1168, No.294), known as the
25"Pennsylvania Labor Relations Act," or the National Labor
26Relations Act (61 Stat. 152, 29 U.S.C. Ch. 7 Subch. 11).
30"Lockout" shall mean the cessation of furnishing of work to
9"Strike" shall mean concerted action in failing to report for
10duty, the wilful absence from one's position, the stoppage of
11work, slowdown or the abstinence, in whole or in part, from the
12full, faithful and proper performance of the duties of
13employment for the purpose of inducing, influencing or coercing
14a change in the conditions or compensation or the rights,
15privileges or obligations of employment. The employe
16organization having called a strike once and unilaterally
17returned to work may only call a lawful strike once more during
18the school year. A written notice of the intent to strike shall
19be delivered by the employe organization to the superintendent,
20executive director or the director no later than forty-eight
21(48) hours prior to the commencement of any strike, and no
22strike may occur sooner than forty-eight (48) hours following
23the last notification of intent to strike. Upon receipt of the
24notification of intent to strike, the superintendent, executive
25director or the director may cancel school for the effective
26date of the strike. A decision to cancel school may, however, be
27withdrawn by the superintendent, executive director or the
28director. Any subsequent change of intents to strike shall not
29affect the decision to cancel school on the day of the intended
30strike. For the purposes of this article, the decision to cancel
3(b) Scope of Bargaining.
4Section 1111-A. Mutual Obligation.--Collective bargaining is
5the performance of the mutual obligation of the employer or his
6representative and the representative of the employes to meet at
7reasonable times and confer in good faith with respect to wages,
8hours and other terms and conditions of employment or the
9negotiation of an agreement or any question arising thereunder
10and the execution of a written contract incorporating any
11agreement reached, but such obligation does not compel either
12party to agree to a proposal or require the making of a
14Section 1112-A. Matters of Inherent Managerial Policy.--
15Employers shall not be required to bargain over matters of
16inherent managerial policy. Those matters shall include, but
17shall not be limited to, such areas of discretion or policy as
18the functions and programs of the employer, standards of
19services, its overall budget, utilization of technology, the
20organizational structure and selection and direction of
21personnel. Employers, however, shall be required to meet and
22discuss on policy matters affecting wages, hours and terms and
23conditions of employment as well as the impact thereon upon
24request by employe representatives.
25(c) Collective Bargaining Impasse.
26Section 1121-A. Submission to Mediation.--(a) If, after a
27reasonable period of negotiation, a dispute or impasse exists
28between the representatives of the employer and the employe
29organization, the parties may voluntarily submit to mediation,
30but, if no agreement is reached between the parties within
1forty-five (45) days after negotiations have commenced, but in
2no event later than one hundred twenty-six (126) days prior to
3June 30 or December 31, whichever is the end of the school
4entity's fiscal year, and mediation has not been utilized by the
5parties, both parties shall immediately in writing call on the
6service of the Pennsylvania Bureau of Mediation.
11Section 1122-A. Fact-finding Panels.--(a) (1) Once
12mediation has commenced, it shall continue for so long as the
13parties have not reached an agreement. If, however, an agreement
14has not been reached within forty-five (45) days after mediation
15has commenced or in no event later than eighty-one (81) days
16prior to June 30 or December 31, whichever is the end of the
17school entity's fiscal year, the Bureau of Mediation shall
18notify the board of the parties' failure to reach an agreement
19and of whether either party has requested the appointment of a
21(2) No later than eighty-one (81) days prior to June 30 or
22December 31, whichever is the end of the school entity's fiscal
23year, either party may request the board to appoint a fact-
24finding panel. Upon receiving such request, the board shall
25appoint a fact-finding panel which may consist of either one (1)
26or three (3) members. The panel so designated or selected shall
27hold hearings and take oral or written testimony and shall have
28subpoena power. If, during this time, the parties have not
29reached an independent agreement, the panel shall make findings
30of fact and recommendations. The panel shall not find or
1recommend that the parties accept or adopt an impasse procedure.
2(3) The parties may mutually agree to fact-finding, and the
3board shall appoint a fact-finding panel as provided for in
4clause (2) at any time except that the parties may not mutually
5agree to fact-finding during mandated final best-offer
7(4) The board may implement fact-finding and appoint a panel
8as provided for in clause (2) at a time other than that mandated
9in this section, except that fact-finding may not be implemented
10between the period of notice to strike and the conclusion of a
11strike or during final best-offer arbitration. If the board
12chooses not to implement fact-finding prior to a strike, the
13board shall issue a report to the parties listing the reasons
14for not implementing fact-finding if either party requests one.
15(b) The findings of fact and recommendations shall be sent
16by registered mail to the board and to both parties not more
17than forty (40) days after the Bureau of Mediation has notified
18the board as provided in subsection (a).
19(c) Not more than ten (10) days after the findings and
20recommendations shall have been sent, the parties shall notify
21the board and each other whether or not they accept the
22recommendations of the fact-finding panel, and, if they do not,
23the panel shall publicize its findings of fact and
25(d) Not less than five (5) days nor more than ten (10) days
26after the publication of the findings of fact and
27recommendations, the parties shall again inform the board and
28each other whether or not they will accept the recommendations
29of the fact-finding panel.
30(e) The board shall establish, after consulting
1representatives of employe organizations and of employers,
2panels of qualified persons broadly representative of the public
3to serve as members of fact-finding panels. The board shall,
4within sixty (60) days of the effective date of this act,
5increase the number of available panels of qualified persons to
6serve as members of fact-finding panels to meet the expanded
7role of fact-finding as provided for in this act.
8(f) The Commonwealth shall pay one-half of the cost of the
9fact-finding panel; the remaining one-half of the cost shall be
10divided equally between the parties. The board shall establish
11rules and regulations under which panels shall operate,
12including, but not limited to, compensation for panel members.
13Section 1123-A. Negotiated Final Best-Offer Arbitration.--
14(a) The parties to a collective bargaining agreement involving
15public school employes shall be required to bargain upon the
16issue of acceptance and adoption of one of the following
17approved impasse procedures, with the proviso that such an
18obligation does not compel either party to agree to a proposal
19or require making a concession:
22(i) the last offer of the representative of the employer;
29(i) the last offer of the representative of the employer;
30(ii) the last offer of the representative of the employes;
7(i) the last offer of the representative of the employer;
15Section 1124-A. Method of Selection of Arbitrators.--The
16board of arbitration shall be composed of three (3) members.
17Arbitrators as referred to in this article shall be selected in
18the following manner:
19(1) Each party shall select one (1) member of the panel
20within five (5) days of the parties' submission to final best-
21offer arbitration. Each arbitrator shall be knowledgeable in the
22school-related fields of budget, finance, educational programs
24(2) The third arbitrator shall be selected from a list of
25seven (7) arbitrators furnished by the American Arbitration
26Association within five (5) days of the publication of the list.
27Each of the seven (7) arbitrators shall be a resident of this
28Commonwealth and knowledgeable in the areas necessary to
29effectively make a determination. Each party shall alternately
30strike one name until one shall remain. The employer shall
3(3) Payment of arbitrators shall be as follows:
4(i) For voluntary arbitration, each party shall pay the cost
5of the arbitrator selected by it under clause (1) of this
6section. The cost of the third arbitrator shall be divided
7equally between the parties.
11Section 1125-A. Final Best-Offer Arbitration.--(a) At any
12time prior to mandated final best-offer arbitration, either the
13employer or the employe organization may request final best-
14offer arbitration unless fact-finding has been initiated as
15provided in section 1122-A. If fact-finding has been initiated,
16the parties shall complete fact-finding before requesting final
17best-offer arbitration. If either party requests final best-
18offer arbitration, the requesting party shall notify the Bureau
19of Mediation, the board and the opposing party in writing. The
20opposing party shall, within ten (10) days of the notification
21by the requesting party, notify the requesting party in writing
22of its agreement or refusal to submit to final best-offer
23arbitration. No strikes or lockouts shall occur during this ten
24(10) day period or until the requesting party is notified by the
25opposing party that they refuse to submit to final best-offer
26arbitration. Arbitration provided for in this subsection shall
27only occur if both parties agree to submit to final best-offer
1instruction required by section 1501 by the later of:
2(1) June 15; or
5the parties shall submit to mandated final best-offer
6arbitration consistent with the arbitration option negotiated. A
7return to work for the purpose of submitting to final best-offer
8arbitration shall not be considered a unilateral return to work.
9(c) If the parties are unable to agree on the adoption of
10one of the approved impasse procedures under section 1123-A, the
11mediator appointed pursuant to section 1121-A shall select the
13(d) Within ten (10) days of submission to final best-offer
14arbitration, the parties shall submit to the arbitrators their
15final best contract offer with certification that the offer was
16delivered to the opposing party, together with documentation
17supporting the reasonableness of their offer. This documentation
18shall include, but not be limited to, the following:
19(1) The public interest.
20(2) The interest and welfare of the employe organization.
21(3) The financial capability of the school entity.
24(5) Changes in the cost of living.
1writing prior to the start of arbitration.
5(g) Upon submission to the arbitrator of both parties' final
6best offers under subsection (a) or (b), the employer shall
7post, within the time limits described in subsection (d), the
8final best contract offers in the school entity's main office
9for the purpose of soliciting public comments thereon. Copies of
10both parties' final best offers shall be available from the
11school entity's main office. The cost of copies shall be
12established by the school entity and shall be paid by the
14(h) The public comment period shall close within ten (10)
15days of the first day of posting. All public comments shall be
16directed to the arbitrators for consideration who shall provide
17them on request to the employer and to the employes'
19(i) Within ten (10) days of the selection of the third
20arbitrator of the arbitration panel, the arbitrators shall begin
21hearings at which they will hear arguments from representatives
22of the employer and of the employes in support of their
23respective last best contract offers under subsection (a) or
24(b). At least five (5) days prior to the hearing, a written
25notice of the date, time and place of such hearing shall be sent
26to the representatives of both the employer and employes which
27are parties to the dispute. This written notice shall also be
28sent to the fiscal authority having budgetary responsibility or
29charged with making appropriations for the employer, and a
30representative designated by such body shall be heard at the
5(1) examine each item of dispute;
10(k) The determination of the majority of the arbitrators
11reached as provided under either subsection (a) or (b) shall be
12final and binding upon the employer, employes and employe
13organization involved and constitutes a mandate to the school
14entity to take whatever action necessary to carry out the
15determination, provided that within ten (10) days of the receipt
16of the determination the employe organization or the employer
17does not consider and reject the determination at a properly
18convened special or regular meeting. This determination
19includes, but is not limited to, a determination which requires
20a legislative enactment by the employer prior to or as a
21condition for its implementation, including, without limitation,
22the levy and imposition of taxes.
23(l) No appeal challenging the determination reached as
24provided under subsection (a) or (b) shall be allowed to any
25court unless the award resulted from fraud, corruption or wilful
26misconduct of the arbitrators. If a court determines that this
27has occurred, it shall declare the award null and void. An
28appeal of the award shall be made to the court of common pleas
29of the judicial district encompassing the respective school
14Section 1127-A. Exception.--Any school district of the first
15class with an appointed school board and the public employes of
16that school district as defined in the act of July 23, 1970
17(P.L.563, No.195), known as the "Public Employe Relations Act,"
18shall comply with and be subject to the binding arbitration
19provisions of the "Public Employe Relations Act" and shall not
20be subject to the provisions of section 1123-A, 1124-A or 1125-
22(d) Strikes and Lockouts.]
25[Section 1131-A. Strikes Prohibited in Certain
26Circumstances.--(a) One year after a contract impasse, the
27Secretary of Education may request a public hearing in the
28school district of impasse. The public hearing process shall
29follow the following requirements:
30(1) The hearing shall include testimony from the school
4(2) The public shall have thirty (30) days to submit written
5testimony. Testimony may be received from experts commenting on
6the social, emotional and educational well-being of the students
7in the school district.
16(2) During final best-offer arbitration, including the
17period of up to ten (10) days after receipt of the determination
18of the arbitrators during which the governing body of the school
19entity may consider the determination.
22Section 3. Sections 1132-A, subdivision (e) heading,
23sections 1151-A and 1152-A, subdivision (f) heading, section
241161-A, subdivision (g) heading and sections 1171-A and 1172-A
25of the act, added July 9, 1992 (P.L.403, No.88), are repealed:
26[Section 1132-A. Lockouts Prohibited in Certain
27Circumstances.--A lockout must cease where the parties request
28fact-finding for the duration of the fact-finding. A lockout
29must end where the parties agree to arbitration. Lockouts are
9(e) Collective Bargaining Agreement.
10Section 1151-A. Agreement and Enforcement.--Any
11determination of the arbitrators to be implemented under this
12article shall be memorialized as a written agreement by and
13between the school entity and the employe organization to be
14signed and sealed by their duly appointed officers and agents as
15provided by law. The executed agreement shall be enforceable by
16each party in the manner as provided by law, including without
17limitation and in derogation to the mandatory arbitration of
18disputes or grievances under the act of July 23, 1970 (P.L.563,
19No.195), known as the "Public Employe Relations Act." In the
20event that a school entity or an employe organization refuses to
21execute a written agreement under this section, the employe
22organization or the school entity may institute a cause of
23action in the court of common pleas to compel compliance with
24the provision of this section requiring a written agreement and,
25in the appropriate case, specific performance of the
27Section 1152-A. Existing Agreements; Provisions Inconsistent
28with Article.--Any provisions of any collective bargaining
29agreement in existence on the effective date of this article
30which are inconsistent with any provision of this article, but
1not otherwise illegal, shall continue valid until the expiration
2of such contract. The procedure for entering into any new
3collective bargaining agreement, however, shall be governed by
4this article, where applicable, upon the effective date of this
6(f) Secretary of Education.
7Section 1161-A. Injunctive Relief.--When an employe
8organization is on strike for an extended period that would not
9permit the school entity to provide the period of instruction
10required by section 1501 by June 30, the Secretary of Education
11may initiate, in the appropriate county court of common pleas,
12appropriate injunctive proceedings providing for the required
13period of instruction.
15Section 1171-A. Selective Strikes.--The work stoppage
16practice known as "selective strikes" shall be considered an
17illegal strike. Any strike which does not comply with the
18definition of "strike" contained in this article shall be
19considered a selective strike.
20Section 1172-A. Utilization of Strike Breakers.--(a) Except
21as provided in subsection (b), during a legal strike, as defined
22by this article, the school entity, as defined by this article,
23shall not utilize persons other than those employes who have
24been actively employed by the school entity at any time during
25the previous twelve (12) months.
3(i) June 15; or
6Section 4. The act is amended by adding an article to read:
9Section 1101-C. Short title.
12Section 1102-C. Public policy relating to strikes.
13The Constitution of Pennsylvania mandates the General
14Assembly to provide for the maintenance and support of a
15thorough and efficient system of public education to serve the
16needs of this Commonwealth. Existing law requires 180 days of
17instruction each year as established by the school calendar, and
18permits strikes to occur multiple times in the school year and
19multiple-year strikes. Days lost or rescheduled are made up as
20much as possible by canceling scheduled vacation days and
21holidays and extending the school year, resulting in severe
22disruption of the educational process and family life.
23Guarantees for the protection of public health, safety and
24welfare are not kept inviolate when days are lost or
25rescheduled. Therefore, it is the intent of the General Assembly
26that public school employee strikes shall be prohibited.
27Section 1103-C. Definitions.
1"Board." The Pennsylvania Labor Relations Board.
9(1) An employee who is covered or presently subject to
10coverage under the act of June 1, 1937 (P.L.1168, No.294),
11known as the Pennsylvania Labor Relations Act, or the
12National Labor Relations Act (49 Stat. 449, 29 U.S.C. § 151
16"Employee organization." A public school employee
17organization of any kind, or an agency or employee
18representative committee or plan in which membership is limited
19to, or includes, public school employees, and which exists for
20the purpose, in whole or in part, of dealing with public school
21employers concerning grievances, public school employee-public
22school employer disputes, wages, rates of pay, hours of
23employment or conditions of work. The term does not include an
24organization that practices discrimination in membership because
25of race, color, creed, national origin or political affiliation.
26"Employer." A public school entity. The term does not
27include an employer that is covered or presently subject to
28coverage under the act of June 1, 1937 (P.L.1168, No.294), known
29as the Pennsylvania Labor Relations Act, or the National Labor
30Relations Act (49 Stat. 449, 29 U.S.C. § 151 et seq.).
4"Lockout." The cessation of furnishing of work to employees
5or withholding work from employees for the purpose of inducing,
6influencing or coercing a change in the conditions or
7compensation or the rights, privileges or obligations of
13"Public transparency meeting." Special session at which the
14parties shall make their respective negotiating teams available
15to the public to take comments and answer questions. The session
16shall be separate from regular school board meetings.
21"Strike." Concerted effort in failing to report for duty,
22the willful absence from one's position, the stoppage of work,
23slowdown or the abstinence, in whole or in part, from the full,
24faithful and proper performance of the duties of employment for
25the purpose of inducing, influencing or coercing a change in the
26conditions or compensation or the rights, privileges or
27obligations of employment.
28"Work stoppage." A strike or lockout.
29Section 1104-C. Mutual obligation.
30Collective bargaining is the performance of the mutual
1obligation of an employer, or its representative, and the
2representative of its employees to meet at reasonable times and
3confer in good faith with respect to wages, hours and other
4terms and conditions of employment or the negotiation of an
5agreement or any question arising under the agreement and the
6execution of a written contract incorporating any agreement
7reached. The obligation does not compel either party to agree to
8a proposal or require the making of a concession.
9Section 1105-C. Matters of inherent managerial policy.
10(a) General rule.--An employer shall not be required to
11bargain over matters of inherent managerial policy. Those
12matters shall include, but shall not be limited to, such areas
13of discretion or policy as:
14(1) The functions and programs of the employer.
15(2) Standards of services.
16(3) Overall budget of the employer.
17(4) Utilization of technology.
23Section 1106-C. Obligation of employer to public.
24The employer shall make publicly available a report, for copy
25and inspection, detailing the tentative agreement reached
26between the parties, at the employer's administrative offices
27and on the Internet website of the employer at least five
28business days prior to voting on a collective bargaining
30Section 1107-C. Negotiation between parties.
12(4) Within 30 days of negotiations commencing, each
13party shall provide a written settlement proposal to the
14other party. Each party shall respond to the other party's
15proposal, in writing, within 30 days of receipt of the
19Section 1108-C. Mediation.
30(4) Mediation shall continue for so long as the parties
1have not reached an agreement.
4Section 1109-C. Fact-finding.
5Fact-finding shall proceed as follows:
8(2) Within five additional business days, each party
9shall submit its latest proposal to the fact-finders and
10simultaneously to the other party. Both parties' proposals
11shall be made public through posting at the employer's
12administrative offices and on the Internet website of the
14(3) The appointed fact-finders shall hold hearings,
15secure oral or written testimony and shall have subpoena
16power. The panel shall solicit public input, but the hearings
17shall not be open to the public. If, during this phase, the
18parties fail to reach an independent agreement, the panel
19shall make findings of fact and recommendations.
20(4) The findings of fact and recommendations shall be
21sent by registered mail to the board and to both parties not
22more than 40 days after the board has notified the fact-
23finders of their appointment, and shall be made publicly
24available at the employer's administrative offices, and the
25Internet website of the employer, until such time as a new
26agreement is reached.
30(6) The costs of fact-finding shall be shared equally by
3Section 1110-C. Nonbinding arbitration.
4If either party rejects the recommendation of the fact-
5finders, the parties shall proceed immediately to nonbinding
6arbitration. The parties may either submit their dispute to a
7mutually agreeable single arbitrator or an arbitration panel
8composed of three persons. A three-person arbitration panel
9shall be selected in the following manner:
10(1) Each party shall select one member of the panel
11within two business days. Each arbitrator must be
12knowledgeable in the school-related fields of budget,
13finance, educational programs and taxation.
14(2) The third arbitrator shall be selected from a list
15of seven arbitrators furnished by the American Arbitration
16Association within three business days of the publication of
17the list. Each of the seven arbitrators must be a resident of
18this Commonwealth and knowledgeable in the areas necessary to
19effectively make a determination. Beginning with the
20employer, each party shall alternately strike one name until
21one shall remain. The person remaining shall be the third
22panel member and chairperson.
23(3) The parties shall submit their last best offer to
24the panel within two business days of panel selection. The
25last best offer shall also be submitted to the other party
26and be posted publicly at the employer's administrative
27offices and on the Internet website of the employer, where it
28shall remain until such time as a new agreement is reached.
1The employer shall provide guidance to the arbitrator
2regarding fiscal constraints in accordance with any allowable
3tax increases. The public shall be given an opportunity to
4submit comments to the arbitration panel.
11(i) The interest and welfare of the public.
14(iii) Comparison of wages, hours and conditions of
15employment of the employees involved in the arbitration
16proceeding with the wages, hours and conditions of
17employment of other employees performing similar services
18or requiring similar skills under similar working
19conditions and with other employees generally in public
20and private employment in comparable communities.
21(8) Within two business days of receiving the
22arbitration recommendation, the employer shall make the
23recommendation publicly available at the employer's
24administrative offices and on the Internet website of the
25employer, where it shall remain until such time as a new
26agreement is reached.
27(9) (i) Each party shall pay the cost of the arbitrator
28selected by it under paragraph (1). The cost of the third
29party arbitrator shall be divided equally among the
30parties or in such proportion as the chairperson
4Section 1111-C. Mandatory vote.
5(a) Employer public meeting and vote.--The employer shall
6hold a public meeting and not later than June 15 following the
7public posting of the nonbinding recommendation made under
8section 1110-C(5), to solicit public input on the recommendation
9and to vote for the approval or disapproval of the
10recommendation of the panel.
14Section 1112-C. Public transparency meeting.
23(3) Both parties shall be required to present their
24latest proposal and the reasons for the lack of an agreement,
25each being afforded equal time, and both parties shall be
26required to answer questions from the public.
27Section 1113-C. Post school year negotiations.
30(1) Until such time as a new agreement is reached, the
3(2) Every four weeks the employer shall make publicly
4available, for copy and inspection, a substantive update on
5the continuing negotiations, which specifically includes the
6current outstanding points of contention, at the employer's
7administrative offices and on the Internet website of the
16Section 1114-C. Strikes and lockouts prohibited.
17(a) Prohibited conduct.--
26(b) Conduct during an unlawful work stoppage.--
5Section 1115-C. Determining violations and imposing penalties.
6(a) Allegations by employer.--If an employer alleges, on the
7basis of any investigation and affidavits as he may deem
8appropriate, that there has been a strike by one or more
9employees in violation of section 1114-C(a)(1), the employer
10shall notify the board of the names of the employees allegedly
11engaged in a strike and the full or partial days of the alleged
12strike, within 60 days of the completion of the alleged strike.
13(b) Allegations by employee or employee organization.--If an
14employee or employee organization alleges that there has been a
15lockout by an employer in violation of section 1114-C(a)(2), the
16employee or employee organization shall notify the board of the
17names of those individuals allegedly responsible for a lockout
18and the full or partial days of the alleged lockout within 60
19days of the completion of the alleged lockout.
20(c) Hearing.--Within 60 days after receipt of a notice made
21pursuant to subsection (a) or (b), the three board members shall
22conduct a hearing to determine if there has been a violation.
23Those individuals alleged to have committed a violation shall be
24required to attend the hearing and shall be permitted to testify
25and have legal representation. Members of the public shall be
26permitted to testify at this hearing or submit evidence, at the
27discretion of the board.
11114-C(a)(1), that employee shall be subject to a $5,000 fine
2per incident, payable to the employer. This finding shall
3constitute a mandate to the employer to withhold the fine from
4the paychecks of the employee in amounts prorated over the
5remainder of the school year in such a way as to have collected
6the full amount of the fine by the end of the school year.
7(e) Violation by employee participating in a strike.--If,
8after a hearing under subsection (c), a majority of the board
9finds that an employee participated in an unlawful strike in
10violation of section 1114-C(a)(1), then each employee found to
11be in violation shall be fined a portion of the employee's
12salary equal to twice the employee's daily rate of pay for each
13day of strike, or part thereof. This finding shall constitute a
14mandate to the employer to withhold the fine from the paychecks
15of the employee in amounts prorated over the remainder of the
16school year in such a way as to have collected the full amount
17of the fine by the end of the school year. This penalty may not
18be waived by the employer or otherwise recovered by the
19employee. In addition, the employee may be subject to removal or
20other disciplinary action provided by law for misconduct.
21(f) Violation by employee organization.--If, after a hearing
22under subsection (c), a majority of the board finds that an
23employee organization violated section 1114-C(a)(1), the
24employee organization shall be prohibited from using a union
25dues checkoff privilege for one year. This penalty may not be
26waived by the employer or otherwise recovered by the employee
3Section 1116-C. Time frame.
6Section 1117-C. Existing agreements.
10Section 1118-C. Enforcement.
13Section 5. This act shall take effect in 60 days.