PRINTER'S NO. 3898
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2586
Session of
2018
INTRODUCED BY DUSH, GROVE, KAUFFMAN AND ZIMMERMAN,
AUGUST 7, 2018
REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, AUGUST 7, 2018
AN ACT
Amending the act of July 23, 1970 (P.L.563, No.195), entitled
"An act establishing rights in public employes to organize
and bargain collectively through selected representatives;
defining public employes to include employes of nonprofit
organizations and institutions; providing compulsory
mediation and fact-finding, for collective bargaining
impasses; providing arbitration for certain public employes
for collective bargaining impasses; defining the scope of
collective bargaining; establishing unfair employe and
employer practices; prohibiting strikes for certain public
employes; permitting strikes under limited conditions;
providing penalties for violations; and establishing
procedures for implementation," in strikes, further providing
for nonprohibition.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1003 of the act of July 23, 1970
(P.L.563, No.195), known as the Public Employe Relations Act, is
amended to read:
Section 1003. If [a strike by public employes occurs], after
the collective bargaining processes set forth in sections 801
and 802 of Article VIII of this act have been completely
utilized and exhausted, a majority of the public employes in the
collective bargaining unit authorize a strike via secret ballot
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vote, it shall not be prohibited unless or until such a strike
creates a clear and present danger or threat to the health,
safety or welfare of the public. In such cases the public
employer shall initiate, in the court of common pleas of the
jurisdiction where such strike occurs, an action for equitable
relief including but not limited to appropriate injunctions and
shall be entitled to such relief if the court finds that the
strike creates a clear and present danger or threat to the
health, safety or welfare of the public. If the strike involves
Commonwealth employes, the chief legal officer of the public
employer or the Attorney General where required by law shall
institute an action for equitable relief in the court of common
pleas of the jurisdiction where the strike has occurred or the
Commonwealth Court. Prior to the filing of any complaint in
equity under the provisions of this section the moving party
shall serve upon the defendant a copy of said complaint as
provided for in the Pennsylvania Rules of Civil Procedure
applicable to such actions. Hearings shall be required before
relief is granted under this section and notices of the same
shall be served in the manner required for the original process
with a duty imposed upon the court to hold such hearings
forthwith.
Section 2. This act shall take effect in 60 days.
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