Regular Session 2015-2016 House Bill 2289 P.N. 3931

PRIOR PRINTER'S NO. 3767

PRINTER'S NO. 3931

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

2289

Session of

2015

INTRODUCED BY EVERETT, CUTLER, McGINNIS, KAUFFMAN, TALLMAN,

ZIMMERMAN, WARD, DUSH, METCALFE, MOUL, SAYLOR, PHILLIPS-HILL,

B. MILLER, SACCONE, KNOWLES, GROVE, TOPPER, RAPP, REGAN,

EVANKOVICH, PICKETT, KLUNK, BLOOM AND MAJOR, AUGUST 16, 2016

AS REPORTED FROM COMMITTEE ON STATE GOVERNMENT, HOUSE OF

REPRESENTATIVES, AS AMENDED, SEPTEMBER 27, 2016

AN ACT

Providing for accountability regarding collective bargaining

agreements between governmental entities and employee

organizations AND FOR DUTIES OF THE OFFICE OF ADMINISTRATION

AND THE OFFICE OF THE BUDGET.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Short title.

This act shall be known and may be cited as the Commonwealth

Employee Collective Bargaining Accountability Act.

Section 2. Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Employee organization." As defined as "employe

organization" in section 301(3) of the act of July 23, 1970

(P.L.563, No.195), known as the Public Employe Relations Act.

"Independent Fiscal Office." The office established and

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provided for in 71 Pa.C.S. Ch. 41 (relating to Independent

Fiscal Office) THE ACT OF APRIL 9, 1929 (P.L.177, NO.175), KNOWN

AS THE ADMINISTRATIVE CODE OF 1929.

"Memorandum of understanding." A written document that is

jointly prepared by a public employer and an employee

organization, stating:

(1) That the public employer and employee organization

have agreed to the terms and conditions of a collective

bargaining agreement under section 901 of the Public Employe

Relations Act.

(2) The details of the agreement and the intent to sign

the collective bargaining agreement.

"PROPOSED COLLECTIVE BARGAINING AGREEMENT." THE TERMS OF

BARGAINING BETWEEN A PUBLIC EMPLOYER AND AN EMPLOYEE

ORGANIZATION THAT:

(1) APPLY TO WAGES, HOURS, TERMS AND CONDITIONS OF

EMPLOYMENT, BENEFITS AND WORKING CONDITIONS.

(2) ARE REDUCED TO WRITING.

(3) ARE AGREED TO BY A DESIGNATED REPRESENTATIVE OF THE

PUBLIC EMPLOYER AND THE EMPLOYEE ORGANIZATION.

(4) ARE SUBMITTED FOR ACCEPTANCE AS A CONTRACT TO THE

PUBLIC EMPLOYER AND THE PUBLIC EMPLOYEE ORGANIZATION.

"Public employee." An employee of a public employer.

"Public employer." A department or agency under the

jurisdiction of the Governor's Office for purposes of collective

bargaining.

Section 3. Notice to General Assembly.

(a) Copy of memorandum of understanding PROPOSED COLLECTIVE

BARGAINING AGREEMENT.--At least 45 calendar days before a public

employer signs a collective bargaining agreement with an

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employee organization IN ADVANCE OF ITS EXECUTION, the public

employer OFFICE OF ADMINISTRATION AND THE OFFICE OF THE BUDGET

shall provide to the General Assembly a copy of the memorandum

of understanding regarding the agreement A PROPOSED COLLECTIVE

BARGAINING AGREEMENT.

(b) Required information.--The memorandum of understanding

PROPOSED COLLECTIVE BARGAINING AGREEMENT under subsection (a)

shall contain documentation that a formal request has been made

ON THE SAME DATE THAT THE PROPOSED COLLECTIVE BARGAINING

AGREEMENT WAS SUBMITTED TO THE GENERAL ASSEMBLY UNDER SUBSECTION

(A) to the Independent Fiscal Office for a tailed cost analysis

of the proposed collective bargaining agreement.

BE EXECUTED UNTIL 90 CALENDAR DAYS HAVE PASSED FROM THE DATE

THAT IT IS PROVIDED TO THE GENERAL ASSEMBLY IF NO LEGISLATIVE

SESSION DAYS ARE SCHEDULED BY EITHER CHAMBER WITHIN 45 CALENDAR

DAYS OF THE DATE THAT THE GENERAL ASSEMBLY RECEIVES THE PROPOSED

COLLECTIVE BARGAINING AGREEMENT UNDER SUBSECTION (A).

Section 4. Cost analysis.

(a) Duty of Independent Fiscal Office.--Within seven

business days of the request under section 3(b), the Independent

Fiscal Office shall prepare a cost analysis of the proposed

collective bargaining agreement.

(b) Duty of Governor's Office.--Within two business days of

a request by the Independent Fiscal Office, the Governor's

Office shall provide to the Independent Fiscal Office any data,

analysis or other information determined to be necessary to

prepare a cost analysis under subsection (a).

section shall compare the costs of the collective bargaining

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agreement in effect at the time of submission to cost

projections for the proposed collective bargaining agreement for

the current fiscal year and the length of the proposed contract.

The cost analysis shall include:

(1) The number of public employees covered by the

agreement, by fund.

(2) Wages and salaries, by fund.

(3) Employer costs for public employee benefits,

including pension contributions, by fund.

(4) A summary of the changes to paid leave, working

hours, working conditions or any other term of employment in

the proposed collective bargaining agreement and the

projected cost of such changes, by fund.

(5) A statement explaining the data, assumptions and

methodology used to make the projections.

(A) COLLECTIVE BARGAINING AGREEMENTS.--WITHIN 15 CALENDAR

DAYS OF THE FORMAL REQUEST BEING MADE UNDER SECTION 3(B), THE

INDEPENDENT FISCAL OFFICE SHALL PROVIDE A COST ANALYSIS OF THE

PROPOSED COLLECTIVE BARGAINING AGREEMENT TO THE GENERAL

ASSEMBLY. THE OFFICE OF ADMINISTRATION, IN CONSULTATION WITH THE

OFFICE OF THE BUDGET, SHALL:

(1) SUBMIT TO THE INDEPENDENT FISCAL OFFICE COPIES OF

EACH PROPOSED COLLECTIVE BARGAINING AGREEMENT UNDER THE

JURISDICTION OF THE GOVERNOR AT LEAST 45 CALENDAR DAYS IN

ADVANCE OF ITS EXECUTION.

(2) CONCURRENT WITH EACH SUBMISSION UNDER PARAGRAPH (1),

PROVIDE THE INDEPENDENT FISCAL OFFICE WITH A DETAILED COST

ANALYSIS OF THE PROPOSED COLLECTIVE BARGAINING AGREEMENT. THE

ANALYSIS SHALL COMPARE THE COLLECTIVE BARGAINING AGREEMENT IN

EFFECT AT THE TIME OF SUBMISSION TO PROJECTIONS FOR THE

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PROPOSED COLLECTIVE BARGAINING AGREEMENT FOR THE CURRENT

FISCAL YEAR AND THE REMAINING SUBSEQUENT FISCAL YEARS IN THE

AGREEMENT. THE ANALYSIS SHALL INCLUDE:

(I) THE NUMBER OF EMPLOYEES COVERED BY THE AGREEMENT

BY FUND.

(II) WAGES AND SALARIES BY FUND.

(III) EMPLOYER COSTS FOR EMPLOYEE BENEFITS,

INCLUDING PENSION CONTRIBUTIONS, BY FUND.

(IV) A SUMMARY OF THE CHANGES TO PAID LEAVE, WORKING

HOURS, WORKING CONDITIONS OR ANY OTHER TERM OF EMPLOYMENT

IN THE PROPOSED COLLECTIVE BARGAINING AGREEMENT AND THE

PROJECTED COST OF THE CHANGES BY FUND.

(V) A STATEMENT EXPLAINING THE DATA, ASSUMPTIONS AND

METHODOLOGY USED TO MAKE THE PROJECTIONS.

(3) WITHIN TWO CALENDAR DAYS OF A REQUEST BY THE

DIRECTOR OF THE INDEPENDENT FISCAL OFFICE, PROVIDE THE

INDEPENDENT FISCAL OFFICE WITH ANY INFORMATION, DATA,

STATISTICS OR ANALYSIS DETERMINED BY THE DIRECTOR TO BE

NECESSARY TO FULFILL THE OFFICE'S OBLIGATIONS UNDER THIS

SECTION.

Section 5. Appropriation of additional funds.

If a provision of a collective bargaining agreement outlined

in a memorandum of understanding directly requires an

expenditure of funds that exceeds the amount appropriated for

the comparable collective bargaining agreement in effect at the

time or immediately prior to the proposed collective bargaining

agreement, the provision may not become effective unless

additional funds are appropriated through the enactment of the

general appropriation bill or a supplemental appropriation bill.

Section 6. Concurrent resolution.

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(a) Legislative action.--

(1) Within 20 calendar days after AFTER receipt of the

notice PROPOSED COLLECTIVE BARGAINING AGREEMENT required

under section 3, the Labor and Industry Committee of the

Senate or the Labor and Industry Committee of the House of

Representatives A STANDING COMMITTEE OF THE SENATE OR HOUSE

OF REPRESENTATIVES, or both, may report to the Senate or

House of Representatives a concurrent resolution expressing

to the Governor that it disapproves of the terms of the

proposed collective bargaining agreement outlined in the

memorandum of understanding.

(2) If either committee under paragraph (1) reports the

concurrent resolution before the expiration of the 20

calendar days, the Senate and the House of Representatives

shall each have 20 calendar days from the date on which the

concurrent resolution was reported to adopt the concurrent

resolution. COST ANALYSIS REQUIRED UNDER SECTION 4 HAS BEEN

DELIVERED TO THE GENERAL ASSEMBLY, NEITHER CHAMBER OF THE

GENERAL ASSEMBLY MAY VOTE ON THE RESOLUTION UNTIL AT LEAST

ONE DAY AFTER RECEIPT OF THE COST ANALYSIS. THE GENERAL

ASSEMBLY MUST PRESENT THE CONCURRENT RESOLUTION TO THE

GOVERNOR AT LEAST 10 CALENDAR DAYS BEFORE THE FINAL EXECUTION

DATE OF THE PROPOSED COLLECTIVE BARGAINING AGREEMENT.

(3) If the General Assembly adopts the concurrent

resolution by majority vote in both the Senate and the House

of Representatives, the concurrent resolution shall be

presented to the Governor in accordance with section 9 of

Article III of the Constitution of Pennsylvania.

(b) Action by Governor.--

(1) If the Governor does not return the concurrent

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resolution to the General Assembly within 10 calendar days

after it is presented, the PROPOSED collective bargaining

agreement outlined in the memorandum of understanding may not

be finalized or signed.

(2) If the Governor vetoes the concurrent resolution,

the General Assembly may override the veto by a two-thirds

vote in each house. The Senate and the House of

Representatives shall each have 30 calendar days or 10

legislative days, whichever is longer, to override the veto.

(1) If the General Assembly does not adopt the

concurrent resolution or override the veto in the time

prescribed in this section, the PROPOSED collective

bargaining agreement may be finalized and signed.

(2) If a concurrent resolution is reported out of

committee as required by subsection (a), the proposed

collective bargaining agreement may not be signed and

finalized until it is evident that the General Assembly did

not adopt the resolution or override a veto of the

resolution, as required by this section.

(d) Applicability.--Nothing in this section shall be

interpreted to conflict with provisions of section 4.

Section 7. Effective date.

This act shall take effect in 90 days.

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