PRINTER'S NO. 1859
No. 1532 Session of 2001
INTRODUCED BY BELFANTI, McCALL, LAUGHLIN, CAPPELLI, THOMAS,
CAPPABIANCA, BELARDI, GEORGE, YUDICHAK, LEVDANSKY, HORSEY,
WASHINGTON, STABACK, WOJNAROSKI, SHANER, DALEY, JAMES,
CASORIO, CALTAGIRONE, J. WILLIAMS, EACHUS AND SURRA,
MAY 7, 2001
REFERRED TO COMMITTEE ON JUDICIARY, MAY 7, 2001
AN ACT
1 Amending the act of July 23, 1970 (P.L.563, No.195), entitled
2 "An act establishing rights in public employes to organize
3 and bargain collectively through selected representatives;
4 defining public employes to include employes of nonprofit
5 organizations and institutions; providing compulsory
6 mediation and fact-finding, for collective bargaining
7 impasses; providing arbitration for certain public employes
8 for collective bargaining impasses; defining the scope of
9 collective bargaining; establishing unfair employe and
10 employer practices; prohibiting strikes for certain public
11 employes; permitting strikes under limited conditions;
12 providing penalties for violations; and establishing
13 procedures for implementation," adding law enforcement
14 officers of limited jurisdiction as an additional category of
15 covered employee.
16 The General Assembly of the Commonwealth of Pennsylvania
17 hereby enacts as follows:
18 Section 1. Section 301 of the act of July 23, 1970 (P.L.563,
19 No.195), known as the Public Employe Relations Act, is amended
20 by adding a definition to read:
21 Section 301. As used in this act:
22 * * *
23 (20) "Law enforcement officer of limited jurisdiction" means
1 a police officer employed by a public employer whose power and
2 authority to arrest is statutorily limited by territory or by
3 subject matter and whose bargaining rights are not governed by
4 the act of June 24, 1968 (P.L.237, No.111), referred to as the
5 Policemen and Firemen Collective Bargaining Act.
6 Section 2. Sections 805 and 1001 of the act are amended to
7 read:
8 Section 805. Notwithstanding any other provisions of this
9 act where representatives of units of guards at prisons or
10 mental hospitals, law enforcement officers of limited
11 jurisdiction or units of employes directly involved with and
12 necessary to the functioning of the courts of this Commonwealth
13 have reached an impasse in collective bargaining and mediation
14 as required in section 801 of this article has not resolved the
15 dispute, the impasse shall be submitted to a panel of
16 arbitrators whose decision shall be final and binding upon both
17 parties with the proviso that the decisions of the arbitrators
18 which would require legislative enactment to be effective shall
19 be considered advisory only.
20 Section 1001. Strikes by guards at prisons or mental
21 hospitals, law enforcement officers of limited jurisdiction or
22 employes directly involved with and necessary to the functioning
23 of the courts of this Commonwealth are prohibited at any time.
24 If a strike occurs the public employer shall forthwith initiate
25 in the court of common pleas of the jurisdiction where the
26 strike occurs, an action for appropriate equitable relief
27 including but not limited to injunctions. If the strike involves
28 Commonwealth employes, the chief legal officer of the public
29 employer or the Attorney General where required by law shall
30 institute an action for equitable relief, either in the court of
20010H1532B1859 - 2 -
1 common pleas of the jurisdiction where the strike has occurred
2 or the Commonwealth Court.
3 Section 3. This act shall take effect in 60 days.
C28L43DMS/20010H1532B1859 - 3 -