PRINTER'S NO. 2098
No. 1681 Session of 1997
INTRODUCED BY BUTKOVITZ, KELLER, YOUNGBLOOD, THOMAS, McGEEHAN,
SAINATO, BOSCOLA, J. TAYLOR, O'BRIEN, KENNEY, OLIVER,
MICOZZIE, CORRIGAN, CARN, MYERS, COLAIZZO, BISHOP, BUXTON,
HORSEY, KAISER, GIGLIOTTI, TANGRETTI, LEVDANSKY, BELFANTI,
M. COHEN, ROBINSON, STABACK, TRICH, COLAFELLA, LESCOVITZ,
SHANER, TRAVAGLIO, C. WILLIAMS, ROONEY, CIVERA, LEDERER,
WOGAN, PETRARCA, MARKOSEK, DeLUCA, VAN HORNE, WALKO, McCALL,
LAUGHLIN, EACHUS, ZUG AND DeWEESE, JUNE 16, 1997
REFERRED TO COMMITTEE ON LABOR RELATIONS, JUNE 16, 1997
AN ACT
1 Specifically authorizing collective bargaining between first-
2 level supervisors and their public employers; providing for
3 arbitration in order to settle disputes rather than striking;
4 and requiring compliance with collective bargaining
5 agreements and findings of arbitrators.
6 TABLE OF CONTENTS
7 Chapter 1. General Provisions
8 Section 101. Declaration of Policy.
9 Section 102. Definitions.
10 Chapter 2. Selection of Bargaining Representatives
11 Section 201. Jurisdiction.
12 Section 202. Exclusion.
13 Section 203. Representation.
14 Chapter 3. Collective Bargaining
15 Section 301. Settlement.
16 Section 302. Origin.
1 Section 303. Impasse.
2 Chapter 4. Strikes
3 Section 401. Prohibition.
4 Chapter 5. Miscellaneous Provisions
5 Section 501. Para materia.
6 Chapter 6. Savings Provision
7 Section 601. Savings provision.
8 Chapter 7. Severability
9 Section 701. Severability.
10 Chapter 8. Repeal
11 Section 801. Repeal.
12 Chapter 9. Effective Date
13 Section 901. Effective date.
14 The General Assembly of the Commonwealth of Pennsylvania
15 hereby enacts as follows:
16 CHAPTER 1
17 GENERAL PROVISIONS
18 Section 101. Declaration of policy.
19 The General Assembly finds and declares as follows:
20 It is the public policy of this Commonwealth and the purpose
21 of this act to promote orderly, constructive and harmonious
22 relationships between first-level supervisors and their public
23 employers subject, however, to the paramount right of the
24 citizens of this Commonwealth to keep inviolate the guarantees
25 for their health, safety and welfare. Unresolved disputes
26 between public employers and their first-level supervisors are
27 injurious to the public and the current meet and discuss rights
28 of first-level supervisors provided by the act of July 23, 1970
29 (P.L.563, No.195), known as the Public Employe Relations Act, do
30 not provide a meaningful or enforceable method of resolving such
19970H1681B2098 - 2 -
1 disputes. The General Assembly has determined that the overall
2 policy may best be accomplished by requiring public employers to
3 negotiate and bargain with employee organizations representing
4 first-level supervisors and to enter into written agreements
5 evidencing the result of such bargaining.
6 Section 102. Definitions.
7 The following words and phrases when used in this act shall
8 have the meanings given to them in this section unless the
9 context clearly indicates otherwise:
10 "Employee organization." An organization of any kind or any
11 agency or employee representation committee or plan in which
12 membership includes public employees, and which exists for the
13 purpose, in whole or in part, of dealing with employers
14 concerning grievances, employee-employer disputes, wages, rates
15 of pay, hours of employment, or conditions of work, but shall
16 not include any organization which practices discrimination in
17 membership because of race, color, creed, national origin or
18 political affiliation.
19 "First-level supervisor." An employee functioning at the
20 lowest level as a supervisor.
21 "Public employer." The Commonwealth, its political
22 subdivisions including school districts and any officer, board,
23 commission, agency, authority or other instrumentality thereof
24 and any nonprofit organization or institution and any
25 charitable, religious, scientific, literary, recreational,
26 health, educational or welfare institution receiving grants or
27 appropriations from Federal, State or local governments but
28 shall not include employers covered or presently subject to
29 coverage under the National Labor Relations Act (49 Stat. 449,
30 29 U.S.C. § 151 et seq.) and the act of June 1, 1937 (P.L.1168,
19970H1681B2098 - 3 -
1 No.294), known as the Pennsylvania Relations Act.
2 "Supervisor." Any individual having authority in the
3 interests of the employer to hire, transfer, suspend, layoff,
4 recall, promote, discharge, assign, reward or discipline other
5 employees or responsibility to direct them or adjust their
6 grievances; or to a substantial degree effectively recommend
7 such action if in connection with the foregoing, the exercise of
8 such authority is not merely routine or clerical in nature but
9 calls for the use of independent judgment.
10 CHAPTER 2
11 SELECTION OF BARGAINING REPRESENTATIVES
12 Section 201. Jurisdiction.
13 The Pennsylvania Labor Relations Board shall have
14 jurisdiction over all questions concerning representation with
15 respect to the selection of employee organizations as exclusive
16 bargaining representatives of first-level supervisors.
17 Section 202. Exclusion.
18 First-level supervisors shall not be included in any
19 bargaining unit which includes nonfirst-level supervisors.
20 Section 203. Representation.
21 First-level supervisors and employees they supervise shall
22 not be represented by the same employee organization.
23 CHAPTER 3
24 COLLECTIVE BARGAINING
25 Section 301. Settlement.
26 It shall be the duty of the public employer and employee
27 organizations representing first-level supervisors to settle all
28 disputes by engaging in collective bargaining in good faith and
29 by entering into settlements by way of written agreements and
30 maintaining of the same.
19970H1681B2098 - 4 -
1 Section 302. Origin.
2 Collective bargaining shall begin at least six months before
3 the start of the fiscal year of the public employer and any
4 request for arbitration, as provided in this article shall be
5 made at least 110 days before the start of the fiscal year.
6 Section 303. Impasse.
7 Impasse in bargaining shall be resolved as follows:
8 (1) If in any case of a dispute between a public
9 employer and an employee organization representing first-
10 level supervisors reaches an impasse in the collective
11 bargaining process, with the result that employers and
12 employees are unable to effect a settlement, then either
13 party to the dispute, after written notice to the other party
14 containing specifications of the issue or issues in dispute,
15 may request the appointment of a board of arbitration. For
16 purposes of this section, an impasse shall be deemed to occur
17 in the collective bargaining process if the parties do not
18 reach a settlement of the issue or issues in dispute by way
19 of a written agreement within 30 days after collective
20 bargaining proceedings have been initiated.
21 (2) The board of arbitration shall be composed of three
22 persons, one appointed by the public employer, one appointed
23 by the employee organization and a third member to be agreed
24 upon by the public employer and employee organization. The
25 members of the board representing the public employer and
26 employee organization shall be named within five days from
27 the date of the request for the appointment of the board. If,
28 after a period of ten days from the date of appointment of
29 the two arbitrators appointed by the public employer and the
30 employee organization, the third arbitrator has not been
19970H1681B2098 - 5 -
1 selected by them, then either arbitrator may request the
2 American Arbitration Association or its successor in function
3 to furnish a list of three members of the association who are
4 residents of this Commonwealth from which the third
5 arbitrator shall be selected. The arbitrator appointed by the
6 public employer shall eliminate one name from the list within
7 five days after the publication of the list, following which
8 the arbitrator appointed by the employee organization shall
9 eliminate one name from the list within five days thereafter.
10 The individual whose name appears on the list shall be the
11 third arbitrator and shall act as chairman of the board of
12 arbitration. The board of arbitration thus established shall
13 commence the arbitration proceedings within ten days after
14 the third arbitrator is selected and shall make its
15 determination within 30 days after the appointment of the
16 third arbitrator.
17 (3) The determination of the majority of the board of
18 arbitration thus established shall be final on the issue or
19 issues in dispute and shall be binding upon the public
20 employer and the employee organization. The determination
21 shall be in writing and a copy thereof shall be forwarded to
22 both parties to the dispute. No appeal therefrom shall be
23 allowed to any court. The determination shall constitute a
24 mandate to the public employer to take the action necessary
25 to carry out the determination of the board of arbitration.
26 (4) The compensation of the arbitrator appointed by the
27 employee organization shall be paid by them. The compensation
28 of the other two arbitrators, as well as stenographic and
29 other expenses incurred by the arbitration panel in
30 connection with the arbitration proceedings, shall be paid by
19970H1681B2098 - 6 -
1 the public employer.
2 CHAPTER 4
3 STRIKES
4 Section 401. Prohibition.
5 Strikes by first-level supervisors are prohibited at any
6 time. If such a strike occurs, the public employer shall
7 forthwith initiate in the court of common pleas of the
8 jurisdiction where the strike occurs, an action for appropriate
9 equitable relief including, but not limited to, an injunction.
10 If the strike involves Commonwealth employees, the chief legal
11 officer of the public employer or the Attorney General where
12 required by law shall institute an action for equitable relief,
13 either in the court of common pleas of the jurisdiction where
14 the strike has occurred or the Commonwealth Court.
15 CHAPTER 5
16 MISCELLANEOUS PROVISIONS
17 Section 501. Para materia.
18 This act shall be read in para materia with the act of July
19 23, 1970 (P.L.563, No.195), known as the Public Employe
20 Relations Act.
21 CHAPTER 6
22 SAVINGS PROVISION
23 Section 601. Savings provision.
24 The rights granted to certain public employees by the
25 following acts or parts of acts shall not be repealed or
26 diminished by this act:
27 Act of November 27, 1967 (P.L. 628, No.288), entitled "An act
28 protecting the rights of employes of existing transportation
29 systems which are acquired by cities of the third class or any
30 authority thereof or certain joint authorities; requiring cities
19970H1681B2098 - 7 -
1 of the third class or any authority thereof or any such joint
2 authority to enter into contracts with labor organizations
3 acting for such employes, and providing for arbitration in case
4 of disputes.
5 Act of June 24, 1968 (P.L.237, No.111), referred to as the
6 Policemen and Firemen Collective Bargaining Act.
7 Act of July 23, 1970 (P.L.563, No.195), known as the Public
8 Employe Relations Act, except with respect to section 704 as
9 provided in Chapter 8 of this act.
10 CHAPTER 7
11 SEVERABILITY
12 Section 701. Severability.
13 The provisions of this act are severable. If any provision of
14 this act or its application to any person or circumstance is
15 held invalid, the invalidity shall not affect other provisions
16 or applications of this act which can be given effect without
17 the invalid provision or application.
18 CHAPTER 8
19 REPEAL
20 Section 801. Repeal.
21 Section 704 of the act of July 23, 1970 (P.L.563, No.195),
22 known as the Public Employe Relations Act, is repealed.
23 CHAPTER 9
24 EFFECTIVE DATE
25 Section 901. Effective date.
26 This act shall take effect immediately.
F11L43JRW/19970H1681B2098 - 8 -