SENATE AMENDED
PRIOR PRINTER'S NOS. 2934, 3092, 4012, PRINTER'S NO. 4638
4019
No. 2183 Session of 2001
INTRODUCED BY BUTKOVITZ, KELLER, LEDERER, WATERS, McGEEHAN,
YOUNGBLOOD, WOGAN, PIPPY, READSHAW, WOJNAROSKI, RUFFING,
KAISER, DeLUCA, DIVEN, PISTELLA, J. WILLIAMS, TANGRETTI AND
PETRARCA, NOVEMBER 20, 2001
SENATOR ARMSTRONG, LABOR AND INDUSTRY, IN SENATE, AS AMENDED,
NOVEMBER 19, 2002
AN ACT
1 Specifically authorizing collective bargaining between first-
2 level supervisors and their public employer; 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. Short title.
9 Section 102. Definitions.
10 Chapter 2. Selection of Bargaining Representatives
11 Section 201. Jurisdiction.
12 Section 202. Exclusion.
13 Chapter 3. Collective Bargaining
14 Section 301. Settlement.
15 Section 302. Origin.
16 Section 303. Impasse.
17 Chapter 4. Strikes
1 Section 401. Prohibition.
2 Chapter 5. Miscellaneous Provisions
3 Section 501. Para materia.
4 Chapter 6. Savings Provision
5 Section 601. Savings provision.
6 Chapter 7. Severability
7 Section 701. Severability.
8 Chapter 8. Repeal <--
9 Section 801. Repeal.
10 Chapter 9. Effective Date
11 Section 901. Effective date.
12 CHAPTER 8. EFFECTIVE DATE <--
13 SECTION 801. 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. Short title.
19 This act shall be known and may be cited as the First-Level
20 Supervisor Collective Bargaining Act.
21 Section 102. Definitions.
22 The following words and phrases when used in this act shall
23 have the meanings given to them in this section unless the
24 context clearly indicates otherwise:
25 "Employee organization." An organization of any kind or any
26 agency or employee representation committee or plan in which
27 membership includes public employees, and which exists for the
28 purpose, in whole or in part, of dealing with employers
29 concerning grievances, employee-employer disputes, wages, rates
30 of pay, hours of employment, or conditions of work, but shall
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1 not include any organization which practices discrimination in
2 membership because of race, color, creed, national origin or
3 political affiliation.
4 "First-level supervisor." An employee functioning at the
5 lowest level as a supervisor.
6 "Public employer." The Pennsylvania Turnpike Commission.
7 "Supervisor." Any individual having authority in the
8 interests of the employer to hire, transfer, suspend, layoff,
9 recall, promote, discharge, assign, reward or discipline other
10 employees or responsibility to direct them or adjust their
11 grievances; or to a substantial degree effectively recommend
12 such action if in connection with the foregoing, the exercise of
13 such authority is not merely routine or clerical in nature but
14 calls for the use of independent judgment.
15 CHAPTER 2
16 SELECTION OF BARGAINING REPRESENTATIVES
17 Section 201. Jurisdiction.
18 The Pennsylvania Labor Relations Board shall have
19 jurisdiction over all questions concerning representation with
20 respect to the selection of employee organizations as exclusive
21 bargaining representatives of first-level supervisors.
22 Section 202. Exclusion.
23 First-level supervisors shall not be included in any
24 bargaining unit which includes nonfirst-level supervisors.
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
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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 the public employer
14 and 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
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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.
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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 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
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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.
27 CHAPTER 8 <--
28 EFFECTIVE DATE
29 SECTION 801. EFFECTIVE DATE.
30 THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
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