PRINTER'S NO. 3057
No. 2278 Session of 1990
INTRODUCED BY FREIND, GLADECK, VROON, FLICK, PESCI, CHADWICK, GODSHALL, D. F. CLARK, SCHEETZ, NAILOR, HECKLER, MERRY, LEH, FARGO, BIRMELIN, FOX, NOYE, HERSHEY, E. Z. TAYLOR, REBER, DEMPSEY, PITTS, MARSICO, BUSH, CLYMER AND FOSTER, FEBRUARY 6, 1990
REFERRED TO COMMITTEE ON LABOR RELATIONS, FEBRUARY 6, 1990
AN ACT 1 Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An 2 act relating to the public school system, including certain 3 provisions applicable as well to private and parochial 4 schools; amending, revising, consolidating and changing the 5 laws relating thereto," regulating strikes by employees of 6 school entities. 7 The General Assembly of the Commonwealth of Pennsylvania 8 hereby enacts as follows: 9 Section 1. The act of March 10, 1949 (P.L.30, No.14), known 10 as the Public School Code of 1949, is amended by adding a 11 section to read: 12 Section 112. Minimum Participation in Strike Vote.--(a) It 13 shall be illegal for any bargaining unit of any employes of a 14 school entity to strike unless more than fifty per centum of all 15 eligible employes shall have voted in favor of the strike. All 16 votes shall be conducted by secret ballot. 17 (b) The Pennsylvania Labor Relations Board shall promulgate 18 regulations, within six (6) months of the effective date of this
1 section, to establish and oversee procedures for a strike vote. 2 The costs for the election shall be paid equally by the 3 Commonwealth, the school district and the employe organization. 4 (c) In lieu of the procedures established in subsection (b), 5 the employe organization and the board of directors of the 6 school entity may employ a person to oversee the strike vote to 7 determine whether it was conducted in a fair and impartial 8 manner. A determination by this person regarding the fairness 9 and impartiality of the strike vote shall be binding on both 10 parties. The costs of employing this person shall be shared 11 equally between the employe organization and the school entity. 12 (d) The strike vote shall specify the date the strike shall 13 begin. A strike by the employe organization shall be against the 14 entire school entity. Selective strikes against certain 15 facilities, grade levels, or for portions of a school day are 16 hereby prohibited. If the employe organization does not strike 17 on the specified date, the previous authorizing vote shall be 18 null and void. The employe organization shall be required to 19 schedule another vote to engage in each subsequent strike or 20 other work stoppage. Subsequent votes to authorize a strike 21 shall follow the requirements set forth in this section. 22 (e) (1) Any school employe who participates in a strike in 23 violation of this section is subject to immediate dismissal by 24 the board. 25 (2) The board of directors of the school entity shall notify 26 the Department of Education of any professional employe who 27 participates in a strike in violation of this section, in which 28 event the department shall initiate proceedings under the act of 29 December 12, 1973 (P.L.397, No.141), referred to as the Teacher 30 Certification Law, to revoke the certification of the employe 19900H2278B3057 - 2 -
1 for a period of up to five (5) years. 2 (f) Strikes by employes of a school entity as authorized by 3 the act of July 23, 1970 (P.L.563, No.195), known as the "Public 4 Employe Relations Act," shall only be permitted after the 5 bargaining unit has given written notice by certified mail of 6 the strike to the president of the board of directors of the 7 school entity, to two (2) newspapers of general circulation 8 within that school entity, two (2) radio stations broadcasting 9 within that school entity and two (2) television stations 10 broadcasting within that school entity. All such notices shall 11 be received at least forty-eight (48) hours prior to the 12 announced date of the strike. In lieu of the required notice to 13 newspapers of general circulation, in a school entity where no 14 such newspaper is published, a notice shall be posted in at 15 least five (5) public places. If a school entity does not 16 conduct classes on the date that it was notified that a strike 17 is scheduled to occur, that entity shall not have committed an 18 unfair practice as defined in Article XII of the "Public Employe 19 Relations Act," or a lockout for the purpose of the unemployment 20 compensation law or any other law. 21 (g) Any parent or guardian of a pupil enrolled in a school 22 entity which is the subject of a strike conducted in violation 23 of this section, who suffers any pecuniary loss due to such 24 unlawful strike, may bring a civil action for damages in the 25 court of common pleas against the employe organization and 26 school employes participating in the unlawful strike and, in 27 addition to other relief, shall be entitled to recover 28 reasonable attorney fees and all court costs. The action may be 29 certified as a class action and if it is so certified, the award 30 of attorney fees shall be limited to legal fees incurred in 19900H2278B3057 - 3 -
1 representing the prevailing plaintiff in the class. The school 2 entity shall not indemnify the employe organization or any 3 school employe or otherwise make any payment of any judgment or 4 settlement on the suit authorized by this subsection. 5 (h) No strike shall be valid except as it is in compliance 6 with the requirements of this section. 7 (i) When used in this section the following words and 8 phrases shall have the following meanings: 9 (1) "Eligible employe" shall mean the members of the employe 10 organization which is the exclusive representative and employes 11 paying a fair share fee to the exclusive representation as 12 required under section 2215 of the act of April 9, 1929 13 (P.L.177, No.175), known as "The Administrative Code of 1929." 14 (2) "School entity" shall mean a school district, 15 intermediate unit, or area vocational-technical school. 16 (3) "Strike" shall mean a concerted action in failing to 17 report for duty, the wilful absence from one's position, the 18 stoppage of work, slowdown, or the abstinence in whole or in 19 part from the full, faithful and proper performance of the 20 duties of employment for the purpose of inducing, influencing or 21 coercing a change in the conditions or compensation or the 22 rights, privileges or obligations of employment. 23 Section 2. The act of July 23, 1970 (P.L.563, No.195), known 24 as the Public Employe Relations Act, is repealed insofar as it 25 is inconsistent with this act. 26 Section 3. This act shall take effect as follows: 27 (1) Section 112(b) shall take effect immediately. 28 (2) The remainder of this act shall take effect in six 29 months. A31L24CHF/19900H2278B3057 - 4 -