PRINTER'S NO. 198
No. 203 Session of 1999
INTRODUCED BY ARMSTRONG, JANUARY 25, 1999
REFERRED TO LABOR AND INDUSTRY, JANUARY 25, 1999
AN ACT
1 Amending the act of July 23, 1970 (P.L.563, No.195), entitled
2 "An act establishing rights in public employes to organize
3 and bargain collectively through selected representatives;
4 defining public employes to include employes of nonprofit
5 organizations and institutions; providing compulsory
6 mediation and fact-finding, for collective bargaining
7 impasses; providing arbitration for certain public employes
8 for collective bargaining impasses; defining the scope of
9 collective bargaining; establishing unfair employe and
10 employer practices; prohibiting strikes for certain public
11 employes; permitting strikes under limited conditions;
12 providing penalties for violations; and establishing
13 procedures for implementation," further providing for the
14 composition and selection of the individual arbitrators and
15 panels and boards of arbitration.
16 The General Assembly of the Commonwealth of Pennsylvania
17 hereby enacts as follows:
18 Section 1. Sections 806 and 903 of the act of July 23, 1970
19 (P.L.563, No.195), known as the Public Employe Relations Act,
20 are amended to read:
21 Section 806. Panels of arbitrators for bargaining units
22 referred to in section 805 of this article shall be selected in
23 the following manner:
24 (1) Each party shall select one member of the panel, the two
1 so selected shall choose the third member.
2 (2) If the members so selected are unable to agree upon the
3 third member within ten days from the date of their selection,
4 the board shall [submit the names of seven persons, each party
5 shall alternately strike one name until one shall remain. The
6 public employer shall strike the first name. The person so
7 remaining shall be the third member and] choose by lottery the
8 name of one person who shall serve as chairman.
9 Section 903. Arbitration of disputes or grievances arising
10 out of the interpretation of the provisions of a collective
11 bargaining agreement is mandatory. The procedure to be adopted
12 is a proper subject of bargaining with the proviso that the
13 final step shall provide for a binding decision by an arbitrator
14 or a tri-partite board of arbitrators as the parties may agree.
15 Any decisions of the arbitrator or arbitrators requiring
16 legislation will only be effective if such legislation is
17 enacted:
18 (1) If the parties cannot voluntarily agree upon the
19 selection of an arbitrator, the parties shall notify the Bureau
20 of Mediation of their inability to do so. The Bureau of
21 Mediation shall [then submit to the parties the names of seven
22 arbitrators. Each party shall alternately strike a name until
23 one name remains. The public employer shall strike the first
24 name. The person remaining shall be the arbitrator] choose by
25 lottery the name of one arbitrator.
26 (2) The costs of arbitration shall be shared equally by the
27 parties. Fees paid to arbitrators shall be based on a schedule
28 established by the Bureau of Mediation.
29 Section 2. This act shall take effect in 60 days.
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