PRINTER'S NO. 3036
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2545
Session of
2022
INTRODUCED BY BULLOCK, FRANKEL, CEPHAS, SANCHEZ AND DALEY,
APRIL 26, 2022
REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, APRIL 26, 2022
AN ACT
Amending the act of June 24, 1968 (P.L.237, No.111), entitled
"An act specifically authorizing collective bargaining
between policemen and firemen and their public employers;
providing for arbitration in order to settle disputes, and
requiring compliance with collective bargaining agreements
and findings of arbitrators," further providing for
collective bargaining stalemate board of arbitration.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 4(b) of the act of June 24, 1968
(P.L.237, No.111), referred to as the Policemen and Firemen
Collective Bargaining Act, is amended to read:
Section 4. * * *
(b) The following shall apply:
(1) The board of arbitration shall be composed of three
persons, one appointed by the public employer, one appointed by
the body of policemen or firemen involved, and a neutral third
[member] arbitrator to be agreed upon by the public employer and
[such] the policemen or firemen. The members of the board
representing the public employer and the policemen or firemen
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shall be named within five days from the date of the request for
the appointment of [such] the board.
(2) If, after a period of ten days from the date of the
appointment of the two arbitrators appointed by the public
employer and by the policemen or firemen, the third arbitrator
has not been selected by them, [then] either arbitrator, within
five days, may request the [American Arbitration Association, or
its successor in function, to furnish a list of three members of
said association who are residents of Pennsylvania from which
the third arbitrator shall be selected. The arbitrator appointed
by the public employer shall eliminate one name from the list
within five days after publication of the list, following which
the arbitrator appointed by the policemen or firemen shall
eliminate one name from the list within five days thereafter.]
president judge of the county court of common pleas to furnish a
list of seven names from one of the following pools from which
the neutral third arbitrator shall be selected:
(i) attorneys in good standing who are residents of the area
served by the public employer, have experience in labor law and
have not represented one of the parties in the previous two
years;
(ii) a member of the American Arbitration Association or its
successor in function;
(iii) a member of the National Academy of Arbitrators or its
successor in function; or
(iv) other nationally recognized not-for-profit arbitration
association.
(3) The president judge shall make reasonable attempts to
ensure the list of seven potential arbitrators reflects the
demographic makeup of the area served by the public employer. In
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the case of disputes involving an agency, authority or
instrumentality of this Commonwealth, the president judge of
Commonwealth Court shall provide a list under this subsection.
(4) Beginning with the first selection of arbitrators that
occurs between a public employer and policemen or firemen
employed on or after the effective date of this paragraph, the
policemen or fireman employed shall be the first to eliminate a
name from the list and, thereafter, the parties shall alternate
which party shall be the first to eliminate a name from the list
provided under paragraph (2). Each arbitrator shall then engage
in alternate eliminations of names from the list until only one
name remains on the list. The individual whose name remains on
the list shall be the third arbitrator and shall act as chairman
of the board of arbitration.
(5) The board of arbitration thus established shall commence
the arbitration proceedings within ten days after the neutral
third arbitrator is selected or such other time period agreed to
by the parties and shall make its determination within [thirty]
ninety days after the appointment of the neutral third
arbitrator.
Section 2. This act shall take effect in 60 days.
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