Regular Session 2015-2016 House Bill 0126 P.N. 0111

PRINTER'S NO. 111

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

126

Session of

2015

INTRODUCED BY TALLMAN, BARRAR, SACCONE, RAPP, DIAMOND, BLOOM,

McGINNIS, WATSON, GROVE, MENTZER, HICKERNELL, LAWRENCE AND

TRUITT, JANUARY 21, 2015

REFERRED TO COMMITTEE ON EDUCATION, JANUARY 21, 2015

AN ACT

Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An

act relating to the public school system, including certain

provisions applicable as well to private and parochial

schools; amending, revising, consolidating and changing the

laws relating thereto," deleting and replacing provisions

relating to collective bargaining between public school

employees and their public employers; setting forth public

policy relating to public school employee strikes; providing

for assessments and for duties of the Bureau of Mediation and

the Pennsylvania Labor Relations Board; and imposing

penalties.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Article XI-A heading, subdivision (a) heading,

section 1101-A, subdivision (b) heading, sections 1111-A and

1112-A, subdivision (c) heading, sections 1121-A, 1122-A,

1123-A, 1124-A, 1125-A, 1126-A and 1127-A and subdivision (d)

heading of the act of March 10, 1949 (P.L.30, No.14), known as

the Public School Code of 1949, added July 9, 1992 (P.L.403,

No.88), are repealed:

[ARTICLE XI-A.

COLLECTIVE BARGAINING

(a) General Provisions.

Section 1101-A. Definitions.--When used in this article, the

following words and phrases shall have the following meanings:

"Board" shall mean the Pennsylvania Labor Relations Board.

"Employe" shall mean a public school employe who bargains

collectively with a public school entity, but shall not include

employes covered or presently subject to coverage under the act

of June 1, 1937 (P.L.1168, No.294), known as the "Pennsylvania

Labor Relations Act," or the National Labor Relations Act (61

Stat. 152, 29 U.S.C. Ch. 7 Subch. 11). The term does not include

any management-level employe of any other school district.

"Employe organization" shall mean a public school employe

organization of any kind, or any agency or employe

representation committee or plan in which membership is limited

to public school employes, and which exists for the purpose, in

whole or in part, of dealing with public school employers

concerning grievances, public school employe-public school

employer disputes, wages, rates of pay, hours of employment or

conditions of work, but shall not include any organization which

practices discrimination in membership because of race, color,

creed, national origin or political affiliation.

"Employer" shall mean a public school entity, but shall not

include employers covered or presently subject to coverage under

the act of June 1, 1937 (P.L.1168, No.294), known as the

"Pennsylvania Labor Relations Act," or the National Labor

Relations Act (61 Stat. 152, 29 U.S.C. Ch. 7 Subch. 11).

"Impasse" shall mean the failure of an employer and an

employe organization to reach an agreement in the course of

negotiations.

"Lockout" shall mean the cessation of furnishing of work to

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employes or withholding work from employes for the purpose of

inducing, influencing or coercing a change in the conditions or

compensation or the rights, privileges or obligations of

employment.

"Representative" shall mean an individual acting for

employers or employes and shall include employe organizations.

"School entity" shall mean a public school district,

intermediate unit or area vocational-technical school.

"Strike" shall mean concerted action in failing to report for

duty, the wilful absence from one's position, the stoppage of

work, slowdown or the abstinence, in whole or in part, from the

full, faithful and proper performance of the duties of

employment for the purpose of inducing, influencing or coercing

a change in the conditions or compensation or the rights,

privileges or obligations of employment. The employe

organization having called a strike once and unilaterally

returned to work may only call a lawful strike once more during

the school year. A written notice of the intent to strike shall

be delivered by the employe organization to the superintendent,

executive director or the director no later than forty-eight

(48) hours prior to the commencement of any strike, and no

strike may occur sooner than forty-eight (48) hours following

the last notification of intent to strike. Upon receipt of the

notification of intent to strike, the superintendent, executive

director or the director may cancel school for the effective

date of the strike. A decision to cancel school may, however, be

withdrawn by the superintendent, executive director or the

director. Any subsequent change of intents to strike shall not

affect the decision to cancel school on the day of the intended

strike. For the purposes of this article, the decision to cancel

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school on the day of the intended strike shall not be considered

a lockout.

(b) Scope of Bargaining.

Section 1111-A. Mutual Obligation.--Collective bargaining is

the performance of the mutual obligation of the employer or his

representative and the representative of the employes to meet at

reasonable times and confer in good faith with respect to wages,

hours and other terms and conditions of employment or the

negotiation of an agreement or any question arising thereunder

and the execution of a written contract incorporating any

agreement reached, but such obligation does not compel either

party to agree to a proposal or require the making of a

concession.

Section 1112-A. Matters of Inherent Managerial Policy.--

Employers shall not be required to bargain over matters of

inherent managerial policy. Those matters shall include, but

shall not be limited to, such areas of discretion or policy as

the functions and programs of the employer, standards of

services, its overall budget, utilization of technology, the

organizational structure and selection and direction of

personnel. Employers, however, shall be required to meet and

discuss on policy matters affecting wages, hours and terms and

conditions of employment as well as the impact thereon upon

request by employe representatives.

Section 1121-A. Submission to Mediation.--(a) If, after a

reasonable period of negotiation, a dispute or impasse exists

between the representatives of the employer and the employe

organization, the parties may voluntarily submit to mediation,

but, if no agreement is reached between the parties within

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forty-five (45) days after negotiations have commenced, but in

no event later than one hundred twenty-six (126) days prior to

June 30 or December 31, whichever is the end of the school

entity's fiscal year, and mediation has not been utilized by the

parties, both parties shall immediately in writing call on the

service of the Pennsylvania Bureau of Mediation.

(b) The Pennsylvania Bureau of Mediation shall employ a

complement of not less than twenty-five (25) mediators which

shall be available to mediate according to the provisions of

subsection (a).

Section 1122-A. Fact-finding Panels.--(a) (1) Once

mediation has commenced, it shall continue for so long as the

parties have not reached an agreement. If, however, an agreement

has not been reached within forty-five (45) days after mediation

has commenced or in no event later than eighty-one (81) days

prior to June 30 or December 31, whichever is the end of the

school entity's fiscal year, the Bureau of Mediation shall

notify the board of the parties' failure to reach an agreement

and of whether either party has requested the appointment of a

fact-finding panel.

(2) No later than eighty-one (81) days prior to June 30 or

December 31, whichever is the end of the school entity's fiscal

year, either party may request the board to appoint a fact-

finding panel. Upon receiving such request, the board shall

appoint a fact-finding panel which may consist of either one (1)

or three (3) members. The panel so designated or selected shall

hold hearings and take oral or written testimony and shall have

subpoena power. If, during this time, the parties have not

reached an independent agreement, the panel shall make findings

of fact and recommendations. The panel shall not find or

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recommend that the parties accept or adopt an impasse procedure.

(3) The parties may mutually agree to fact-finding, and the

board shall appoint a fact-finding panel as provided for in

clause (2) at any time except that the parties may not mutually

agree to fact-finding during mandated final best-offer

arbitration.

(4) The board may implement fact-finding and appoint a panel

as provided for in clause (2) at a time other than that mandated

in this section, except that fact-finding may not be implemented

between the period of notice to strike and the conclusion of a

strike or during final best-offer arbitration. If the board

chooses not to implement fact-finding prior to a strike, the

board shall issue a report to the parties listing the reasons

for not implementing fact-finding if either party requests one.

(b) The findings of fact and recommendations shall be sent

by registered mail to the board and to both parties not more

than forty (40) days after the Bureau of Mediation has notified

the board as provided in subsection (a).

recommendations shall have been sent, the parties shall notify

the board and each other whether or not they accept the

recommendations of the fact-finding panel, and, if they do not,

the panel shall publicize its findings of fact and

recommendations.

(d) Not less than five (5) days nor more than ten (10) days

after the publication of the findings of fact and

recommendations, the parties shall again inform the board and

each other whether or not they will accept the recommendations

of the fact-finding panel.

(e) The board shall establish, after consulting

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representatives of employe organizations and of employers,

panels of qualified persons broadly representative of the public

to serve as members of fact-finding panels. The board shall,

within sixty (60) days of the effective date of this act,

increase the number of available panels of qualified persons to

serve as members of fact-finding panels to meet the expanded

role of fact-finding as provided for in this act.

(f) The Commonwealth shall pay one-half of the cost of the

fact-finding panel; the remaining one-half of the cost shall be

divided equally between the parties. The board shall establish

rules and regulations under which panels shall operate,

including, but not limited to, compensation for panel members.

Section 1123-A. Negotiated Final Best-Offer Arbitration.--

(a) The parties to a collective bargaining agreement involving

public school employes shall be required to bargain upon the

issue of acceptance and adoption of one of the following

approved impasse procedures, with the proviso that such an

obligation does not compel either party to agree to a proposal

or require making a concession:

(1) Arbitration under which the award is confined to a

choice among one of the following single packages:

(i) the last offer of the representative of the employer;

(ii) the last offer of the representative of the employes;

(iii) the fact-finder's recommendations, should there be a

fact-finder's report.

(2) Arbitration under which the award is confined to a

choice among one of the following on an issue-by-issue basis:

(i) the last offer of the representative of the employer;

(ii) the last offer of the representative of the employes;

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(iii) the fact-finder's recommendations, should there be a

fact-finder's report.

(3) Arbitration under which the award is confined to a

choice among one of the following on the basis of economic and

noneconomic issues as separate units:

(i) the last offer of the representative of the employer;

(ii) the last offer of the representative of the employes;

(iii) the fact-finder's recommendations, should there be a

fact-finder's report.

(b) As used in this section, "economic issues" shall mean

wages, hours, salary, fringe benefits or any form of monetary

compensation for services rendered.

Section 1124-A. Method of Selection of Arbitrators.--The

board of arbitration shall be composed of three (3) members.

Arbitrators as referred to in this article shall be selected in

the following manner:

(1) Each party shall select one (1) member of the panel

within five (5) days of the parties' submission to final best-

offer arbitration. Each arbitrator shall be knowledgeable in the

school-related fields of budget, finance, educational programs

and taxation.

(2) The third arbitrator shall be selected from a list of

seven (7) arbitrators furnished by the American Arbitration

Association within five (5) days of the publication of the list.

Each of the seven (7) arbitrators shall be a resident of this

Commonwealth and knowledgeable in the areas necessary to

effectively make a determination. Each party shall alternately

strike one name until one shall remain. The employer shall

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strike the first name. The person so remaining shall be the

third member and chairman.

(3) Payment of arbitrators shall be as follows:

(i) For voluntary arbitration, each party shall pay the cost

of the arbitrator selected by it under clause (1) of this

section. The cost of the third arbitrator shall be divided

equally between the parties.

(ii) For mandatory arbitration, the Commonwealth shall pay

one-half of the cost of the arbitrators; the remaining one-half

of the cost shall be divided equally between the parties.

Section 1125-A. Final Best-Offer Arbitration.--(a) At any

time prior to mandated final best-offer arbitration, either the

employer or the employe organization may request final best-

offer arbitration unless fact-finding has been initiated as

provided in section 1122-A. If fact-finding has been initiated,

the parties shall complete fact-finding before requesting final

best-offer arbitration. If either party requests final best-

offer arbitration, the requesting party shall notify the Bureau

of Mediation, the board and the opposing party in writing. The

opposing party shall, within ten (10) days of the notification

by the requesting party, notify the requesting party in writing

of its agreement or refusal to submit to final best-offer

arbitration. No strikes or lockouts shall occur during this ten

(10) day period or until the requesting party is notified by the

opposing party that they refuse to submit to final best-offer

arbitration. Arbitration provided for in this subsection shall

only occur if both parties agree to submit to final best-offer

arbitration.

(b) If a strike by employes or a lockout by an employer will

prevent the school entity from providing the period of

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instruction required by section 1501 by the later of:

(1) June 15; or

(2) the last day of the school entity's scheduled school

year;

the parties shall submit to mandated final best-offer

arbitration consistent with the arbitration option negotiated. A

return to work for the purpose of submitting to final best-offer

arbitration shall not be considered a unilateral return to work.

one of the approved impasse procedures under section 1123-A, the

mediator appointed pursuant to section 1121-A shall select the

procedure.

(d) Within ten (10) days of submission to final best-offer

arbitration, the parties shall submit to the arbitrators their

final best contract offer with certification that the offer was

delivered to the opposing party, together with documentation

supporting the reasonableness of their offer. This documentation

shall include, but not be limited to, the following:

(1) The public interest.

(2) The interest and welfare of the employe organization.

(3) The financial capability of the school entity.

(4) The results of negotiations between the parties prior to

submission of last best contract offers.

(5) Changes in the cost of living.

(6) The existing terms and conditions of employment of the

employe organization members and those of similar groups.

(7) Such other documentation as the arbitration panel shall

deem relevant.

(e) Arbitration shall be limited to unresolved issues.

Unresolved issues shall mean those issues not agreed to in

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writing prior to the start of arbitration.

(f) The parties may mutually agree to submit to final best-

offer arbitration at any time except during fact-finding or

during mandated final best-offer arbitration.

(g) Upon submission to the arbitrator of both parties' final

best offers under subsection (a) or (b), the employer shall

post, within the time limits described in subsection (d), the

final best contract offers in the school entity's main office

for the purpose of soliciting public comments thereon. Copies of

both parties' final best offers shall be available from the

school entity's main office. The cost of copies shall be

established by the school entity and shall be paid by the

requestor.

(h) The public comment period shall close within ten (10)

days of the first day of posting. All public comments shall be

directed to the arbitrators for consideration who shall provide

them on request to the employer and to the employes'

organization.

(i) Within ten (10) days of the selection of the third

arbitrator of the arbitration panel, the arbitrators shall begin

hearings at which they will hear arguments from representatives

of the employer and of the employes in support of their

respective last best contract offers under subsection (a) or

(b). At least five (5) days prior to the hearing, a written

notice of the date, time and place of such hearing shall be sent

to the representatives of both the employer and employes which

are parties to the dispute. This written notice shall also be

sent to the fiscal authority having budgetary responsibility or

charged with making appropriations for the employer, and a

representative designated by such body shall be heard at the

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hearing upon request of such body or of the employer as part of

the presentation of the employer.

(j) Not later than twenty (20) days after the hearing

pursuant to subsection (i), the arbitrators shall:

(1) examine each item of dispute;

(2) make a determination in writing consistent with the

arbitration option agreed to by the parties; and

(3) forward a copy of the written determination to both

parties involved in the dispute and to the board.

(k) The determination of the majority of the arbitrators

reached as provided under either subsection (a) or (b) shall be

final and binding upon the employer, employes and employe

organization involved and constitutes a mandate to the school

entity to take whatever action necessary to carry out the

determination, provided that within ten (10) days of the receipt

of the determination the employe organization or the employer

does not consider and reject the determination at a properly

convened special or regular meeting. This determination

includes, but is not limited to, a determination which requires

a legislative enactment by the employer prior to or as a

condition for its implementation, including, without limitation,

the levy and imposition of taxes.

(l) No appeal challenging the determination reached as

provided under subsection (a) or (b) shall be allowed to any

court unless the award resulted from fraud, corruption or wilful

misconduct of the arbitrators. If a court determines that this

has occurred, it shall declare the award null and void. An

appeal of the award shall be made to the court of common pleas

of the judicial district encompassing the respective school

district.

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(m) If the employer or the employe organization rejects the

determination of the majority of the arbitrators:

(1) The employe organization may initiate a legal strike or

resume a legal strike initiated prior to submission to final

best-offer arbitration.

(2) The employer may hire substitutes as provided under

subsection (b) of section 1172-A.

(3) The employer may initiate a legal lockout or resume a

legal lockout initiated prior to submission to final best-offer

arbitration.

Section 1126-A. Time Frame.--The time periods set forth in

this article are mandatory and shall not be construed to be

directory.

Section 1127-A. Exception.--Any school district of the first

class with an appointed school board and the public employes of

that school district as defined in the act of July 23, 1970

(P.L.563, No.195), known as the "Public Employe Relations Act,"

shall comply with and be subject to the binding arbitration

provisions of the "Public Employe Relations Act" and shall not

be subject to the provisions of section 1123-A, 1124-A or 1125-

(d) Strikes and Lockouts.]

Section 2. Section 1131-A of the act, amended July 5, 2012

(P.L.965, No.105), is repealed:

[Section 1131-A. Strikes Prohibited in Certain

Circumstances.--(a) One year after a contract impasse, the

Secretary of Education may request a public hearing in the

school district of impasse. The public hearing process shall

follow the following requirements:

(1) The hearing shall include testimony from the school

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board of the district, school district administration, the

employe organization and any additional party requested by the

Secretary of Education.

(2) The public shall have thirty (30) days to submit written

testimony. Testimony may be received from experts commenting on

the social, emotional and educational well-being of the students

in the school district.

(3) Within ninety (90) days following the public hearing,

the Secretary of Education shall issue a report on

recommendations regarding the impasse.

(b) A strike must cease where the parties request fact-

finding for the duration of the fact-finding. A strike must end

where the parties agree to arbitration. Strikes are prohibited:

(1) During the period of up to ten (10) days provided for

under section 1125-A(a).

(2) During final best-offer arbitration, including the

period of up to ten (10) days after receipt of the determination

of the arbitrators during which the governing body of the school

entity may consider the determination.

(3) When the arbitrators' determination becomes final and

binding.]

Section 3. Sections 1132-A, subdivision (e) heading,

sections 1151-A and 1152-A, subdivision (f) heading, section

1161-A, subdivision (g) heading and sections 1171-A and 1172-A

of the act, added July 9, 1992 (P.L.403, No.88), are repealed:

[Section 1132-A. Lockouts Prohibited in Certain

Circumstances.--A lockout must cease where the parties request

fact-finding for the duration of the fact-finding. A lockout

must end where the parties agree to arbitration. Lockouts are

prohibited:

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(1) During the period of up to ten (10) days provided for

under section 1125-A(a).

(2) During final best-offer arbitration, including the

period of up to ten (10) days after receipt of the determination

of the arbitrators during which the employer may consider the

determination.

(3) When the arbitrators' determination becomes final and

binding.

(e) Collective Bargaining Agreement.

Section 1151-A. Agreement and Enforcement.--Any

determination of the arbitrators to be implemented under this

article shall be memorialized as a written agreement by and

between the school entity and the employe organization to be

signed and sealed by their duly appointed officers and agents as

provided by law. The executed agreement shall be enforceable by

each party in the manner as provided by law, including without

limitation and in derogation to the mandatory arbitration of

disputes or grievances under the act of July 23, 1970 (P.L.563,

No.195), known as the "Public Employe Relations Act." In the

event that a school entity or an employe organization refuses to

execute a written agreement under this section, the employe

organization or the school entity may institute a cause of

action in the court of common pleas to compel compliance with

the provision of this section requiring a written agreement and,

in the appropriate case, specific performance of the

determination.

Section 1152-A. Existing Agreements; Provisions Inconsistent

with Article.--Any provisions of any collective bargaining

agreement in existence on the effective date of this article

which are inconsistent with any provision of this article, but

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not otherwise illegal, shall continue valid until the expiration

of such contract. The procedure for entering into any new

collective bargaining agreement, however, shall be governed by

this article, where applicable, upon the effective date of this

article.

(f) Secretary of Education.

Section 1161-A. Injunctive Relief.--When an employe

organization is on strike for an extended period that would not

permit the school entity to provide the period of instruction

required by section 1501 by June 30, the Secretary of Education

may initiate, in the appropriate county court of common pleas,

appropriate injunctive proceedings providing for the required

period of instruction.

(g) Prohibitions.

Section 1171-A. Selective Strikes.--The work stoppage

practice known as "selective strikes" shall be considered an

illegal strike. Any strike which does not comply with the

definition of "strike" contained in this article shall be

considered a selective strike.

Section 1172-A. Utilization of Strike Breakers.--(a) Except

as provided in subsection (b), during a legal strike, as defined

by this article, the school entity, as defined by this article,

shall not utilize persons other than those employes who have

been actively employed by the school entity at any time during

the previous twelve (12) months.

(b) A school entity may utilize persons other than those

employes who have been actively employed by the school entity at

any time during the previous twelve (12) months:

(1) when the employe organization or employer rejects the

determination of the majority of the arbitrators; and

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(2) when a legal strike will prevent the completion of the

period of instruction required by section 1501 by the later of:

(i) June 15; or

(ii) the last day of the school district's scheduled school

year.]

Section 4. The act is amended by adding an article to read:

ARTICLE XI-C

STRIKE-FREE EDUCATION

Section 1101-C. Short title.

This article shall be known and may be cited as the Strike-

Free Education Act.

Section 1102-C. Public policy relating to strikes.

The Constitution of Pennsylvania mandates the General

Assembly to provide for the maintenance and support of a

thorough and efficient system of public education to serve the

needs of this Commonwealth. Existing law requires 180 days of

instruction each year as established by the school calendar, and

permits strikes to occur multiple times in the school year and

multiple-year strikes. Days lost or rescheduled are made up as

much as possible by canceling scheduled vacation days and

holidays and extending the school year, resulting in severe

disruption of the educational process and family life.

Guarantees for the protection of public health, safety and

welfare are not kept inviolate when days are lost or

rescheduled. Therefore, it is the intent of the General Assembly

that public school employee strikes shall be prohibited.

Section 1103-C. Definitions.

The following words and phrases when used in this article

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

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"Board." The Pennsylvania Labor Relations Board.

"Bureau." The Bureau of Mediation within the Department of

Labor and Industry of the Commonwealth.

"Economic issues." Wages, hours, salary, fringe benefits or

any form of monetary compensation for services rendered.

"Employee." A public school employee who bargains

collectively with a public school entity. The term does not

include:

(1) An employee who is covered or presently subject to

coverage under the act of June 1, 1937 (P.L.1168, No.294) ,

known as the Pennsylvania Labor Relations Act, or the

National Labor Relations Act ( 49 Stat. 449, 29 U.S.C. § 151

et seq.).

(2) A management-level employee of any other school

district.

"Employee organization." A public school employee

organization of any kind, or an agency or employee

representative committee or plan in which membership is limited

to, or includes, public school employees, and which exists for

the purpose, in whole or in part, of dealing with public school

employers concerning grievances, public school employee-public

school employer disputes, wages, rates of pay, hours of

employment or conditions of work. The term does not include an

organization that practices discrimination in membership because

of race, color, creed, national origin or political affiliation.

"Employer." A public school entity. The term does not

include an employer that is covered or presently subject to

coverage under the act of June 1, 1937 (P.L.1168, No.294) , known

as the Pennsylvania Labor Relations Act, or the National Labor

Relations Act ( 49 Stat. 449, 29 U.S.C. § 151 et seq.).

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"Good faith." Acting with openness, fairness, mutuality of

conduct and cooperation with the intent of identifying a

mutually agreeable solution.

"Lockout." The cessation of furnishing of work to employees

or withholding work from employees for the purpose of inducing,

influencing or coercing a change in the conditions or

compensation or the rights, privileges or obligations of

employment.

"Mediator." A person employed or appointed by the Bureau of

Mediation to mediate an impasse.

"Parties." An employer and the employee organization that

represents the employee of the employer.

"Public transparency meeting." Special session at which the

parties shall make their respective negotiating teams available

to the public to take comments and answer questions. The session

shall be separate from regular school board meetings.

"Representative." An individual acting for employers or

employees. The term includes an employee organization.

"School entity." A public school district, intermediate unit

or area vocational-technical school.

"Strike." Concerted effort in failing to report for duty,

the willful absence from one's position, the stoppage of work,

slowdown or the abstinence, in whole or in part, from the full,

faithful and proper performance of the duties of employment for

the purpose of inducing, influencing or coercing a change in the

conditions or compensation or the rights, privileges or

obligations of employment.

"Work stoppage." A strike or lockout.

Section 1104-C. Mutual obligation.

Collective bargaining is the performance of the mutual

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obligation of an employer, or its representative, and the

representative of its employees to meet at reasonable times and

confer in good faith with respect to wages, hours and other

terms and conditions of employment or the negotiation of an

agreement or any question arising under the agreement and the

execution of a written contract incorporating any agreement

reached. The obligation does not compel either party to agree to

a proposal or require the making of a concession.

Section 1105-C. Matters of inherent managerial policy.

(a) General rule.--An employer shall not be required to

bargain over matters of inherent managerial policy. Those

matters shall include, but shall not be limited to, such areas

of discretion or policy as:

(1) The functions and programs of the employer.

(2) Standards of services.

(3) Overall budget of the employer.

(4) Utilization of technology.

(5) The organizational structure and selection and

direction of personnel.

(b) Exception.--An employer shall meet and discuss policy

matters affecting economic issues as well as their impact on

employees upon request by an employee representative.

Section 1106-C. Obligation of employer to public.

The employer shall make publicly available a report, for copy

and inspection, detailing the tentative agreement reached

between the parties, at the employer's administrative offices

and on the Internet website of the employer at least five

business days prior to voting on a collective bargaining

agreement.

Section 1107-C. Negotiation between parties.

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The parties shall negotiate a collective bargaining agreement

as follows:

(1) The parties shall commence bargaining a successor

agreement no later than September 30 of the year preceding

when the collective bargaining agreement shall by its terms

expire.

(2) The employer shall confirm to the public through

regularly scheduled board meetings that the negotiations

commenced as required.

(3) The parties shall negotiate independently and shall,

at all times, negotiate in good faith.

(4) Within 30 days of negotiations commencing, each

party shall provide a written settlement proposal to the

other party. Each party shall respond to the other party's

proposal, in writing, within 30 days of receipt of the

proposal.

(5) Both parties shall submit to mediation by the bureau

by January 15 if no agreement is reached.

Section 1108-C. Mediation.

If the assistance of a mediator is required under section

1107-C, the following procedure shall apply:

(1) The parties shall immediately call on the service of

the bureau. The bureau shall appoint a mediator within two

business days.

(2) The parties shall continue to negotiate in good

faith throughout the mediation process. The proceedings with

the mediator shall not be open to the public.

(3) The parties may agree to meet independently at any

time during the mediation process.

(4) Mediation shall continue for so long as the parties

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have not reached an agreement.

(5) If no agreement is reached by February 15, the

parties shall submit to fact-finding under section 1109-C.

Section 1109-C. Fact-finding.

Fact-finding shall proceed as follows:

(1) Within three business days, the board shall appoint

one or three fact-finders.

(2) Within five additional business days, each party

shall submit its latest proposal to the fact-finders and

simultaneously to the other party. Both parties' proposals

shall be made public through posting at the employer's

administrative offices and on the Internet website of the

employer.

(3) The appointed fact-finders shall hold hearings,

secure oral or written testimony and shall have subpoena

power. The panel shall solicit public input, but the hearings

shall not be open to the public. If, during this phase, the

parties fail to reach an independent agreement, the panel

shall make findings of fact and recommendations.

(4) The findings of fact and recommendations shall be

sent by registered mail to the board and to both parties not

more than 40 days after the board has notified the fact-

finders of their appointment, and shall be made publicly

available at the employer's administrative offices, and the

Internet website of the employer, until such time as a new

agreement is reached.

(5) The parties shall decide by April 15 whether to

accept the recommendation of the fact-finders or to submit to

nonbinding arbitration under section 1110-C.

(6) The costs of fact-finding shall be shared equally by

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the parties or in such proportion as the fact-finders

determine.

Section 1110-C. Nonbinding arbitration.

If either party rejects the recommendation of the fact-

finders, the parties shall proceed immediately to nonbinding

arbitration. The parties may either submit their dispute to a

mutually agreeable single arbitrator or an arbitration panel

composed of three persons. A three-person arbitration panel

shall be selected in the following manner:

(1) Each party shall select one member of the panel

within two business days. Each arbitrator must be

knowledgeable in the school-related fields of budget,

finance, educational programs and taxation.

(2) The third arbitrator shall be selected from a list

of seven arbitrators furnished by the American Arbitration

Association within three business days of the publication of

the list. Each of the seven arbitrators must be a resident of

this Commonwealth and knowledgeable in the areas necessary to

effectively make a determination. Beginning with the

employer, each party shall alternately strike one name until

one shall remain. The person remaining shall be the third

panel member and chairperson.

(3) The parties shall submit their last best offer to

the panel within two business days of panel selection. The

last best offer shall also be submitted to the other party

and be posted publicly at the employer's administrative

offices and on the Internet website of the employer, where it

shall remain until such time as a new agreement is reached.

(4) All information, data, analyses and recommendations

from the fact-finding process shall be provided to the panel.

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The employer shall provide guidance to the arbitrator

regarding fiscal constraints in accordance with any allowable

tax increases. The public shall be given an opportunity to

submit comments to the arbitration panel.

(5) The panel shall issue a recommendation by May 15.

The recommendation shall be nonbinding on the parties.

(6) The recommendation shall be by selection of one

proposal in its entirety.

(7) The panel shall consider the following criteria in

making its recommendation:

(i) The interest and welfare of the public.

(ii) The financial ability of the employer to fund

the costs associated with any proposed agreement.

(iii) Comparison of wages, hours and conditions of

employment of the employees involved in the arbitration

proceeding with the wages, hours and conditions of

employment of other employees performing similar services

or requiring similar skills under similar working

conditions and with other employees generally in public

and private employment in comparable communities.

(8) Within two business days of receiving the

arbitration recommendation, the employer shall make the

recommendation publicly available at the employer's

administrative offices and on the Internet website of the

employer, where it shall remain until such time as a new

agreement is reached.

(9) (i) Each party shall pay the cost of the arbitrator

selected by it under paragraph (1). The cost of the

third-party arbitrator shall be divided equally among the

parties or in such proportion as the chairperson

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determines.

(ii) The Commonwealth shall not be responsible for

the cost of arbitration under this section.

Section 1111-C. Mandatory vote.

(a) Employer public meeting and vote.--The employer shall

hold a public meeting and not later than June 15 following the

public posting of the nonbinding recommendation made under

section 1110-C(5), to solicit public input on the recommendation

and to vote for the approval or disapproval of the

recommendation of the panel.

(b) Employee vote.--The employee organization shall provide

the employees with an opportunity to vote for approval or

disapproval of the recommendation of the panel prior to June 15.

Section 1112-C. Public transparency meeting.

If no agreement has been reached by June 16, the following

shall occur:

(1) The parties shall arrange a public transparency

meeting to take place before June 30 at a time convenient to

the public if the meeting occurs on a business day.

(2) A suitably sized facility shall be chosen as the

site of the public transparency meeting with accommodations

made for media if necessary.

(3) Both parties shall be required to present their

latest proposal and the reasons for the lack of an agreement,

each being afforded equal time, and both parties shall be

required to answer questions from the public.

Section 1113-C. Post school year negotiations.

If the parties have not reached a new agreement by June 30,

the following shall apply:

(1) Until such time as a new agreement is reached, the

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parties shall conduct at least four separate negotiating

sessions per month.

(2) Every four weeks the employer shall make publicly

available, for copy and inspection, a substantive update on

the continuing negotiations, which specifically includes the

current outstanding points of contention, at the employer's

administrative offices and on the Internet website of the

employer.

(3) The parties shall conduct good faith negotiations at

all times.

(4) If no agreement is reached by the expiration of the

contract, it shall continue month-to-month under the same

terms and conditions.

(5) Any new agreement may not contain any retroactivity

provisions.

Section 1114-C. Strikes and lockouts prohibited.

(a) Prohibited conduct.--

(1) No public employee or employee organization may

incite a strike or participate in a strike or similar

interruption of school operations.

(2) No employer may conduct a lockout or similar

interruption of school operations.

(3) Any strike, lockout or interruption of school

operations prohibited by this section shall constitute an

actionable breach of duty to members of the public.

(b) Conduct during an unlawful work stoppage.--

(1) An employer may hire substitute teachers for the

duration of an unlawful strike by its employees.

(2) The parties shall allow for safe and unhindered

access to school facilities for all school employees not

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participating in an unlawful strike, including teachers and

substitutes.

(3) The use of substitutes during an unlawful lockout is

prohibited.

Section 1115-C. Determining violations and imposing penalties.

(a) Allegations by employer.--If an employer alleges, on the

basis of any investigation and affidavits as he may deem

appropriate, that there has been a strike by one or more

employees in violation of section 1114-C(a)(1), the employer

shall notify the board of the names of the employees allegedly

engaged in a strike and the full or partial days of the alleged

strike, within 60 days of the completion of the alleged strike.

(b) Allegations by employee or employee organization.--If an

employee or employee organization alleges that there has been a

lockout by an employer in violation of section 1114-C(a)(2), the

employee or employee organization shall notify the board of the

names of those individuals allegedly responsible for a lockout

and the full or partial days of the alleged lockout within 60

days of the completion of the alleged lockout.

pursuant to subsection (a) or (b), the three board members shall

conduct a hearing to determine if there has been a violation.

Those individuals alleged to have committed a violation shall be

required to attend the hearing and shall be permitted to testify

and have legal representation. Members of the public shall be

permitted to testify at this hearing or submit evidence, at the

discretion of the board.

(d) Violation by employee inciting a strike.--If, after a

hearing under subsection (c), a majority of the board finds that

an employee incited an unlawful strike in violation of section

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1114-C(a)(1), that employee shall be subject to a $5,000 fine

per incident, payable to the employer. This finding shall

constitute a mandate to the employer to withhold the fine from

the paychecks of the employee in amounts prorated over the

remainder of the school year in such a way as to have collected

the full amount of the fine by the end of the school year.

(e) Violation by employee participating in a strike.--If,

after a hearing under subsection (c), a majority of the board

finds that an employee participated in an unlawful strike in

violation of section 1114-C(a)(1), then each employee found to

be in violation shall be fined a portion of the employee's

salary equal to twice the employee's daily rate of pay for each

day of strike, or part thereof. This finding shall constitute a

mandate to the employer to withhold the fine from the paychecks

of the employee in amounts prorated over the remainder of the

school year in such a way as to have collected the full amount

of the fine by the end of the school year. This penalty may not

be waived by the employer or otherwise recovered by the

employee. In addition, the employee may be subject to removal or

other disciplinary action provided by law for misconduct.

(f) Violation by employee organization.--If, after a hearing

under subsection (c), a majority of the board finds that an

employee organization violated section 1114-C(a)(1), the

employee organization shall be prohibited from using a union

dues checkoff privilege for one year. This penalty may not be

waived by the employer or otherwise recovered by the employee

organization.

(g) Violations by employer.--If, after a hearing under

subsection (c), a majority of the board finds that an employer

instituted a lockout in violation of section 1114-C(a)(2), the

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employer shall pay a fine to the employee organization in an

amount equal to the financial benefit derived from the lockout.

Section 1116-C. Time frame.

The time periods set forth in this article are mandatory and

shall not be construed to be directory.

Section 1117-C. Existing agreements.

This article shall not apply to any existing contract

negotiations that fall within the timelines established under

this article.

Section 1118-C. Enforcement.

The board, magisterial district courts and courts of common

pleas shall enforce the provisions of this article.

Section 5. This act shall take effect in 60 days.

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