PRINTER'S NO. 265
No. 239 Session of 2005
INTRODUCED BY WANSACZ, BELARDI, CAWLEY, MUNDY, STABACK, TIGUE, THOMAS, SANTONI, CALTAGIRONE, GERGELY, YOUNGBLOOD AND REICHLEY, FEBRUARY 8, 2005
REFERRED TO COMMITTEE ON EDUCATION, FEBRUARY 8, 2005
AN ACT 1 Providing for third-party binding resolution of collective 2 bargaining disputes between public school employees and their 3 public employers; imposing duties on the Secretary of the 4 Commonwealth and the Legislative Reference Bureau; and making 5 repeals. 6 TABLE OF CONTENTS 7 Section 1. Short title. 8 Section 2. Definitions. 9 Section 3. Neutral third-party resolution. 10 Section 4. Bargaining process. 11 Section 5. Panel selection. 12 Section 6. Costs of resolution. 13 Section 7. Procedure. 14 Section 8. Determination. 15 Section 9. Strikes and lockouts prohibited. 16 Section 10. Standing to enforce. 17 Section 11. Existing agreements. 18 Section 12. Time frame. 19 Section 13. Constitutional amendment as prerequisite and
1 notice. 2 Section 14. Construction. 3 Section 15. Repeals. 4 Section 16. Effective date. 5 The General Assembly of the Commonwealth of Pennsylvania 6 hereby enacts as follows: 7 Section 1. Short title. 8 This act shall be known and may be cited as the Public School 9 Collective Bargaining Act. 10 Section 2. Definitions. 11 The following words and phrases when used in this act shall 12 have the meanings given to them in this section unless the 13 context clearly indicates otherwise: 14 "Appropriate court." The court of common pleas in the 15 judicial district in which: 16 (1) a school entity subject to impasse is located; or 17 (2) the most populous portion of a school entity subject 18 to impasse is located. 19 "Bureau." The Pennsylvania Bureau of Mediation. 20 "Employee organization." Any of the following: 21 (1) A public school employee organization of any kind. 22 (2) An agency or employee representation committee or 23 plan in which membership is limited to public school 24 employees and that exists for the purpose, in whole or in 25 part, of dealing with public school employers concerning 26 grievances, public school employee-public school employer 27 disputes, wages, rates of pay, hours of employment or 28 conditions of work. The term does not include an organization 29 that practices discrimination in membership because of race, 30 color, creed, national origin or political affiliation. 20050H0239B0265 - 2 -
1 "Impasse." The failure of a public employer and an employee 2 organization to reach a collective bargaining agreement in the 3 course of negotiations. 4 "Public employer." A school entity. The term does not 5 include an employer covered or presently subject to coverage 6 under the act of June 1, 1937 (P.L.1168, No.294), known as the 7 Pennsylvania Labor Relations Act, or the National Labor 8 Relations Act (49 Stat. 449, 29 U.S.C. § 151 et seq.). 9 "Representative." An individual acting for a public employer 10 or a school employee. The term includes an employee 11 organization. 12 "School employee." An employee of a school entity who 13 bargains collectively with the school entity. The term does not 14 include: 15 (1) an employee covered or presently subject to coverage 16 under the act of June 1, 1937 (P.L.1168, No.294), known as 17 the Pennsylvania Labor Relations Act, or the National Labor 18 Relations Act (49 Stat. 449, 29 U.S.C. § 151 et seq.); or 19 (2) a management-level employee of any other school 20 district. 21 "School entity." A public school district, intermediate unit 22 or area vocational-technical school. 23 "Secretary." The Secretary of Education of the Commonwealth. 24 Section 3. Neutral third-party resolution. 25 Notwithstanding any other provision of law to the contrary, 26 the adjustment or settlement of an impasse shall be by neutral 27 third-party resolution pursuant to this act. 28 Section 4. Bargaining process. 29 A representative shall commence a successor collective 30 bargaining agreement no later than January 5 of the year in 20050H0239B0265 - 3 -
1 which the collective bargaining agreement between the parties 2 shall by its terms expire. Both parties shall submit to 3 mediation by the bureau by February 28 if no collective 4 bargaining agreement is reached between the parties. Mediation 5 shall continue for so long as the parties have not reached a 6 collective bargaining agreement. If no collective bargaining 7 agreement is reached by April 30, both parties shall submit the 8 impasse to neutral third-party resolution. 9 Section 5. Panel selection. 10 The neutral third-party resolution of an impasse shall be 11 conducted by a three-member panel knowledgeable and qualified in 12 the areas necessary to make a determination. By May 7, the 13 employee organization shall designate one panel member; and the 14 public employer shall designate one panel member. The two panel 15 members designated by the parties shall by agreement designate a 16 neutral panel member. If a neutral panel member is not so 17 designated by the panel members designated by the parties by May 18 21, the president judge of the appropriate court shall, by May 19 31, designate the neutral panel member from a list provided by 20 the bureau of qualified persons who reside in the region in 21 which the appropriate court sits. The bureau shall compile and 22 maintain a list for each of six geographical regions of persons 23 who reside in that region and are qualified and knowledgeable in 24 the school-related fields of budget, finance, educational 25 programs and taxation necessary to make a determination. The six 26 regions shall be: 27 Northeast Region.--Eleventh District, Twenty-first 28 District, Twenty-second District, Twenty-sixth District, 29 Thirty-fourth District, Forty-third District, Forty- 30 fourth District, Forty-fifth District, Fifty-sixth 20050H0239B0265 - 4 -
1 District and Sixtieth District. 2 Southeast Region.--First District, Third District, 3 Seventh District, Fifteenth District, Twenty-third 4 District, Thirty-first District, Thirty-second District 5 and Thirty-eighth District. 6 Northcentral Region.--Fourth District, Eighth District, 7 Seventeenth District, Twenty-fifth District, Twenty-ninth 8 District, Forty-second District, Forty-ninth District and 9 Fifty-fifth District. 10 Southcentral Region.--Second District, Ninth District, 11 Twelfth District, Nineteenth District, Twentieth 12 District, Twenty-fourth District, Thirty-ninth District, 13 Forty-first District Fifty-first District, Fifty-second 14 District, Fifty-seventh District and Fifty-eighth 15 District. 16 Northwest Region.--Sixth District, Eighteenth District, 17 Twenty-eighth District, Thirtieth District, Thirty-fifth 18 District, Thirty-seventh District, Forty-sixth District, 19 Forty-eighth District, Fifty-fourth District and Fifty- 20 ninth District. 21 Southwest Region.--Fifth District, Tenth District, 22 Thirteenth District, Fourteenth District, Sixteenth 23 District, Twenty-seventh District, Thirty-third District, 24 Thirty-sixth District, Fortieth District, Forty-seventh 25 District, Fiftieth District and Fifty-third District. 26 Section 6. Costs of resolution. 27 Each party shall pay the compensation, if any, of the panel 28 member designated by that party. The Commonwealth shall pay the 29 compensation, if any, of the neutral panel member and any costs 30 or expenses incurred by the panel in connection with proceedings 20050H0239B0265 - 5 -
1 under this act. 2 Section 7. Procedure. 3 (a) Scope.--Neutral third-party resolution shall be limited 4 to those issues which may be bargained under Article VII of the 5 act of July 23, 1970 (P.L.563, No.195), known as the Public 6 Employe Relation Act, and which are not agreed to in writing 7 prior to the start of neutral third-party resolution. 8 (b) Operation.--By June 5, each representative shall submit 9 to the panel that party's best offer with certification that the 10 offer was delivered to the opposing party. Thereafter, members 11 of the panel shall meet with both parties at least four times 12 prior to June 30 in an effort to resolve the impasse through 13 mediation. If no collective bargaining agreement between the 14 parties is reached by June 30, each party shall submit, on that 15 date, to the neutral member of the panel that party's final best 16 offer. Once a final best offer is submitted to the panel, a 17 party may not make changes to the offer. The neutral party may 18 not submit a final best offer to the other two members of the 19 panel until both final best offers have been received. The 20 determination of the panel shall be confined to a choice between 21 the final best offer of the public employer taken in its 22 entirety and the final best offer of the employee organization 23 taken in its entirety. The parties may voluntarily settle the 24 impasse at any time prior to the final determination of the 25 panel. 26 (c) Falsification.--Documents submitted under this section 27 are subject to 18 Pa.C.S. § 4904 (relating to unsworn 28 falsification to authorities). 29 Section 8. Determination. 30 (a) General rule.--The panel shall begin hearings no later 20050H0239B0265 - 6 -
1 than July 5. By August 31, the panel shall make a final 2 determination in writing. The final determination of a majority 3 of the panel shall be binding upon the public employer and the 4 employee organization. 5 (b) Judicial review.-- 6 (1) Except as provided in paragraph (2), no appeal of a 7 determination under subsection (a) shall be allowed to any 8 court. 9 (2) A determination under subsection (a) is subject to 10 judicial review for any of the following: 11 (i) Jurisdiction of the arbitrators. 12 (ii) Regularity of the proceedings. 13 (iii) Excess in exercise of power. 14 (iv) Constitutional issues. 15 (c) Effect.--The final determination shall constitute a 16 mandate to the public employer to take whatever action necessary 17 to carry out the determination. The executed agreement shall be 18 enforceable by each party in the manner as provided by law, 19 including the mandatory arbitration of disputes or grievances 20 under the act of July 23, 1970 (P.L.563, No.195), known as the 21 Public Employe Relations Act. If a public employer or an 22 employee organization refuses to execute a written collective 23 bargaining agreement under this section, the employee 24 organization or the public employer may institute a cause of 25 action in the appropriate court to compel compliance with this 26 section and, as appropriate, specific performance of the 27 determination. 28 Section 9. Strikes and lockouts prohibited. 29 No school employee may strike or participate in a strike or 30 similar interruption of government service. No public employer 20050H0239B0265 - 7 -
1 may conduct a lockout or similar interruption of government 2 service. Any strike, lockout or interruption of government 3 service prohibited by this section shall constitute an 4 actionable breach of duty to members of the public. 5 Section 10. Standing to enforce. 6 The following may petition the appropriate court for an 7 injunction and other appropriate equitable relief to enforce the 8 provisions of this act: 9 (1) Parties to an impasse under this act. 10 (2) A panel member designated under this act. 11 (3) A parent or guardian of a student affected by an 12 impasse under this act. 13 (4) A resident of the school district involved in an 14 impasse under this act. 15 (5) The secretary. 16 Section 11. Existing agreements. 17 A provision of a collective bargaining agreement in existence 18 on the effective date of this act which is inconsistent with 19 this act shall continue valid until the expiration of the 20 collective bargaining agreement. The procedure for entering into 21 any new collective bargaining agreement, however, shall be 22 governed by this act. 23 Section 12. Time frame. 24 The time periods set forth in this act are mandatory and 25 shall not be construed to be directory. 26 Section 13. Constitutional amendment as prerequisite and 27 notice. 28 If the Constitution of Pennsylvania is amended to authorize 29 the procedure set forth in this act, the Secretary of the 30 Commonwealth shall transmit notice of the ratification of the 20050H0239B0265 - 8 -
1 amendment to the Legislative Reference Bureau and the 2 Legislative Reference Bureau shall publish such notice in the 3 Pennsylvania Bulletin. 4 Section 14. Construction. 5 (a) Pari materia.--This act is to be construed in pari 6 materia with the act of July 23, 1970 (P.L.563, No.195), known 7 as the Public Employe Relations Act. 8 (b) Retirement.-- 9 (1) Except as provided in paragraph (2), nothing in this 10 act or any other law shall be construed to do any of the 11 following: 12 (i) Permit or require collective bargaining, 13 mediation or binding arbitration to establish or modify 14 pension or retirement benefits set forth in 24 Pa.C.S. 15 Pt. IV (relating to retirement for school employees) or 16 administered by the Public Employees' Retirement Board. 17 (ii) Permit or require a public employer, through 18 collective bargaining, mediation, binding arbitration or 19 otherwise, to establish or modify a pension or retirement 20 plan or to pay pension or retirement benefits or other 21 compensation that modifies or supplements the benefits 22 set forth in 24 Pa.C.S. Pt. IV or administered by the 23 Public School Employees' Retirement Board. 24 (2) Notwithstanding paragraph (1), the parties may 25 negotiate and agree to early retirement incentive or 26 severance pay provisions if the provisions: 27 (i) do not affect the retirement benefits identified 28 in paragraph (1); and 29 (ii) would not result in the Public School 30 Employees' Retirement System's failure to be a qualified 20050H0239B0265 - 9 -
1 plan under the Internal Revenue Code of 1986 (Public Law 2 99-514, 26 U.S.C. § 1 et seq.). 3 Section 15. Repeals. 4 (a) Absolute.--Article XI-A of the act of March 10, 1949 5 (P.L.30, No.14), known as the Public School Code of 1949, is 6 repealed. 7 (b) General.--All other acts and parts of acts are repealed 8 insofar as they are inconsistent with this act. 9 Section 16. Effective date. 10 This act shall take effect as follows: 11 (1) Section 13 and this section shall take effect 12 immediately. 13 (2) The remainder of this act shall take effect January 14 1 following the publication of the notice under section 13. A13L43SFL/20050H0239B0265 - 10 -