PRIOR PRINTER'S NO. 2934 PRINTER'S NO. 3092
No. 2183 Session of 2001
INTRODUCED BY BUTKOVITZ, KELLER, LEDERER, WATERS, McGEEHAN, YOUNGBLOOD, WOGAN, E. Z. TAYLOR, PIPPY, READSHAW, WOJNAROSKI, RUFFING, KAISER, DeLUCA, DIVEN, PISTELLA, J. WILLIAMS, TANGRETTI AND PETRARCA, NOVEMBER 20, 2001
AS REPORTED FROM COMMITTEE ON LABOR RELATIONS, HOUSE OF REPRESENTATIVES, AS AMENDED, DECEMBER 12, 2001
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. Short title.
10 Section 103. Definitions.
11 Chapter 2. Selection of Bargaining Representatives
12 Section 201. Jurisdiction.
13 Section 202. Exclusion.
14 Section 203. Representation. <--
15 Chapter 3. Collective Bargaining
16 Section 301. Settlement.
17 Section 302. Origin.
18 Section 303. Impasse.
1 Chapter 4. Strikes 2 Section 401. Prohibition. 3 Chapter 5. Miscellaneous Provisions 4 Section 501. Para materia. 5 Chapter 6. Savings Provision 6 Section 601. Savings provision. 7 Chapter 7. Severability 8 Section 701. Severability. 9 Chapter 8. Repeal 10 Section 801. Repeal. 11 Chapter 9. Effective Date 12 Section 901. Effective date. 13 The General Assembly of the Commonwealth of Pennsylvania 14 hereby enacts as follows: 15 CHAPTER 1 16 GENERAL PROVISIONS 17 Section 101. Declaration of policy. 18 The General Assembly finds and declares as follows: 19 It is the public policy of this Commonwealth and the purpose 20 of this act to promote orderly, constructive and harmonious 21 relationships between first-level supervisors and their public 22 employers subject, however, to the paramount right of the 23 citizens of this Commonwealth to keep inviolate the guarantees 24 for their health, safety and welfare. Unresolved disputes 25 between public employers and their first-level supervisors are 26 injurious to the public and the current meet and discuss rights 27 of first-level supervisors provided by the act of July 23, 1970 28 (P.L.563, No.195), known as the Public Employe Relations Act, do 29 not provide a meaningful or enforceable method of resolving such 30 disputes. The General Assembly has determined that the overall 20010H2183B3092 - 2 -
1 policy may best be accomplished by requiring public employers to 2 negotiate and bargain with employee organizations representing 3 first-level supervisors and to enter into written agreements 4 evidencing the result of such bargaining. 5 Section 102. Short title. 6 This act shall be known and may be cited as the Public 7 Employee First-Level Supervisor Collective Bargaining Act. 8 Section 103. Definitions. 9 The following words and phrases when used in this act shall 10 have the meanings given to them in this section unless the 11 context clearly indicates otherwise: 12 "Employee organization." An organization of any kind or any 13 agency or employee representation committee or plan in which 14 membership includes public employees, and which exists for the 15 purpose, in whole or in part, of dealing with employers 16 concerning grievances, employee-employer disputes, wages, rates 17 of pay, hours of employment, or conditions of work, but shall 18 not include any organization which practices discrimination in 19 membership because of race, color, creed, national origin or 20 political affiliation. 21 "First-level supervisor." An employee functioning at the 22 lowest level as a supervisor. 23 "Public employer." The Commonwealth, its political 24 subdivisions including school districts and any officer, board, 25 commission, agency, authority or other instrumentality thereof 26 and any nonprofit organization or institution and any <-- 27 charitable, religious, scientific, literary, recreational, 28 health, educational or welfare institution receiving grants or 29 appropriations from Federal, State or local governments but 30 shall not include employers covered or presently subject to 20010H2183B3092 - 3 -
1 coverage under the National Labor Relations Act (49 Stat. 449, 2 29 U.S.C. § 151 et seq.) and the act of June 1, 1937 (P.L.1168, 3 No.294), known as the Pennsylvania LABOR Relations Act. <-- 4 "Supervisor." Any individual having authority in the 5 interests of the employer to hire, transfer, suspend, layoff, 6 recall, promote, discharge, assign, reward or discipline other 7 employees or responsibility to direct them or adjust their 8 grievances; or to a substantial degree effectively recommend 9 such action if in connection with the foregoing, the exercise of 10 such authority is not merely routine or clerical in nature but 11 calls for the use of independent judgment. 12 CHAPTER 2 13 SELECTION OF BARGAINING REPRESENTATIVES 14 Section 201. Jurisdiction. 15 The Pennsylvania Labor Relations Board shall have 16 jurisdiction over all questions concerning representation with 17 respect to the selection of employee organizations as exclusive 18 bargaining representatives of first-level supervisors. 19 Section 202. Exclusion. 20 First-level supervisors shall not be included in any 21 bargaining unit which includes nonfirst-level supervisors. 22 Section 203. Representation. <-- 23 First-level supervisors and employees they supervise shall 24 not be represented by the same employee organization. 25 CHAPTER 3 26 COLLECTIVE BARGAINING 27 Section 301. Settlement. 28 It shall be the duty of the public employer and employee 29 organizations representing first-level supervisors to settle all 30 disputes by engaging in collective bargaining in good faith and 20010H2183B3092 - 4 -
1 by entering into settlements by way of written agreements and 2 maintaining of the same. 3 Section 302. Origin. 4 Collective bargaining shall begin at least six months before 5 the start of the fiscal year of the public employer and any 6 request for arbitration, as provided in this article shall be 7 made at least 110 days before the start of the fiscal year. 8 Section 303. Impasse. 9 Impasse in bargaining shall be resolved as follows: 10 (1) If in any case of a dispute between a public 11 employer and an employee organization representing first- 12 level supervisors reaches an impasse in the collective 13 bargaining process, with the result that employers and 14 employees are unable to effect a settlement, then either 15 party to the dispute, after written notice to the other party 16 containing specifications of the issue or issues in dispute, 17 may request the appointment of a board of arbitration. For 18 purposes of this section, an impasse shall be deemed to occur 19 in the collective bargaining process if the parties do not 20 reach a settlement of the issue or issues in dispute by way 21 of a written agreement within 30 days after collective 22 bargaining proceedings have been initiated. 23 (2) The board of arbitration shall be composed of three 24 persons, one appointed by the public employer, one appointed 25 by the employee organization and a third member to be agreed 26 upon by the public employer and employee organization. The 27 members of the board representing the public employer and 28 employee organization shall be named within five days from 29 the date of the request for the appointment of the board. If, 30 after a period of ten days from the date of appointment of 20010H2183B3092 - 5 -
1 the two arbitrators appointed by the public employer and the 2 employee organization, the third arbitrator has not been 3 selected by them, then either arbitrator may request the 4 American Arbitration Association or its successor in function 5 to furnish a list of three members of the association who are 6 residents of this Commonwealth from which the third 7 arbitrator shall be selected. The arbitrator appointed by the 8 public employer shall eliminate one name from the list within 9 five days after the publication of the list, following which 10 the arbitrator appointed by the employee organization shall 11 eliminate one name from the list within five days thereafter. 12 The individual whose name appears on the list shall be the 13 third arbitrator and shall act as chairman of the board of 14 arbitration. The board of arbitration thus established shall 15 commence the arbitration proceedings within ten days after 16 the third arbitrator is selected and shall make its 17 determination within 30 days after the appointment of the 18 third arbitrator. 19 (3) The determination of the majority of the board of 20 arbitration thus established shall be final on the issue or 21 issues in dispute and shall be binding upon the public 22 employer and the employee organization. The determination 23 shall be in writing and a copy thereof shall be forwarded to 24 both parties to the dispute. No appeal therefrom shall be 25 allowed to any court. The determination shall constitute a 26 mandate to the public employer to take the action necessary 27 to carry out the determination of the board of arbitration; <-- 28 PROVIDED THAT DETERMINATIONS OF THE BOARD WHICH REQUIRE 29 LEGISLATIVE ENACTMENT TO BE EFFECTIVE SHALL BE CONSIDERED 30 ADVISORY ONLY. 20010H2183B3092 - 6 -
1 (4) The compensation of the arbitrator appointed by the 2 employee organization shall be paid by them. The compensation 3 of the other two arbitrators, as well as stenographic and 4 other expenses incurred by the arbitration panel in 5 connection with the arbitration proceedings, shall be paid by 6 the public employer. 7 CHAPTER 4 8 STRIKES 9 Section 401. Prohibition. 10 Strikes by first-level supervisors are prohibited at any 11 time. If such a strike occurs, the public employer shall 12 forthwith initiate in the court of common pleas of the 13 jurisdiction where the strike occurs, an action for appropriate 14 equitable relief including, but not limited to, an injunction. 15 If the strike involves Commonwealth employees, the chief legal 16 officer of the public employer or the Attorney General where 17 required by law shall institute an action for equitable relief, 18 either in the court of common pleas of the jurisdiction where 19 the strike has occurred or the Commonwealth Court. 20 CHAPTER 5 21 MISCELLANEOUS PROVISIONS 22 Section 501. Para materia. 23 This act shall be read in para materia with the act of July 24 23, 1970 (P.L.563, No.195), known as the Public Employe 25 Relations Act. 26 CHAPTER 6 27 SAVINGS PROVISION 28 Section 601. Savings provision. 29 The rights granted to certain public employees by the 30 following acts or parts of acts shall not be repealed or 20010H2183B3092 - 7 -
1 diminished by this act: 2 Act of November 27, 1967 (P.L. 628, No.288), entitled "An act 3 protecting the rights of employes of existing transportation 4 systems which are acquired by cities of the third class or any 5 authority thereof or certain joint authorities; requiring cities 6 of the third class or any authority thereof or any such joint 7 authority to enter into contracts with labor organizations 8 acting for such employes, and providing for arbitration in case 9 of disputes. 10 Act of June 24, 1968 (P.L.237, No.111), referred to as the 11 Policemen and Firemen Collective Bargaining Act. 12 Act of July 23, 1970 (P.L.563, No.195), known as the Public 13 Employe Relations Act, except with respect to section 704 as 14 provided in Chapter 8 of this act. 15 CHAPTER 7 16 SEVERABILITY 17 Section 701. Severability. 18 The provisions of this act are severable. If any provision of 19 this act or its application to any person or circumstance is 20 held invalid, the invalidity shall not affect other provisions 21 or applications of this act which can be given effect without 22 the invalid provision or application. 23 CHAPTER 8 24 REPEAL 25 Section 801. Repeal. 26 Section 704 of the act of July 23, 1970 (P.L.563, No.195), 27 known as the Public Employe Relations Act, is repealed. 28 CHAPTER 9 29 EFFECTIVE DATE 30 Section 901. Effective date. 20010H2183B3092 - 8 -
1 This act shall take effect immediately. K19L43SFL/20010H2183B3092 - 9 -