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                                                      PRINTER'S NO. 1585

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 1243 Session of 1998


        INTRODUCED BY ARMSTRONG, JANUARY 21, 1998

        REFERRED TO LABOR AND INDUSTRY, JANUARY 21, 1998

                                     AN ACT

     1  Amending the act of June 24, 1968 (P.L.237, No.111), entitled
     2     "An act specifically authorizing collective bargaining
     3     between policemen and firemen and their public employers;
     4     providing for arbitration in order to settle disputes, and
     5     requiring compliance with collective bargaining agreements
     6     and findings of arbitrators," providing for appeals and scope
     7     of judicial review.

     8     The General Assembly of the Commonwealth of Pennsylvania
     9  hereby enacts as follows:
    10     Section 1.  Section 7 of the act of June 24, 1968 (P.L.237,
    11  No.111), referred to as the Policemen and Firemen Collective
    12  Bargaining Act, is amended to read:
    13     Section 7.  (a)  The determination of the majority of the
    14  board of arbitration thus established shall be final on the
    15  issue or issues in dispute and shall be binding upon the public
    16  employer and the policemen or firemen involved. Such
    17  determination shall be in writing and a copy thereof shall be
    18  forwarded to both parties to the dispute. [No appeal therefrom
    19  shall be allowed to any court.] Such determination shall
    20  constitute a mandate to the head of the political subdivision

     1  which is the employer, or to the appropriate officer of the
     2  Commonwealth if the Commonwealth is the employer, with respect
     3  to matters which can be remedied by administrative action, and
     4  to the lawmaking body of such political subdivision or of the
     5  Commonwealth with respect to matters which require legislative
     6  action, to take the action necessary to carry out the
     7  determination of the board of arbitration.
     8     (b)  With respect to matters which require legislative action
     9  for implementation, such legislation shall be enacted, in the
    10  case of the Commonwealth, within six months following
    11  publication of the findings, and, in the case of a political
    12  subdivision of the Commonwealth, within one month following
    13  publication of the findings. The effective date of any such
    14  legislation shall be the first day of the fiscal year following
    15  the fiscal year during which the legislation is thus enacted.
    16     (c)  Notwithstanding subsections (a) and (b), any party
    17  aggrieved by the decision of a board of arbitration or single
    18  arbitrator in a grievance arbitration matter arising under a
    19  collective bargaining agreement or interest arbitration award
    20  may appeal to the court of common pleas or Commonwealth Court,
    21  as applicable. The scope of judicial review shall be the same as
    22  is found in Article XV of the act of July 23, 1970 (P.L.563,
    23  No.195), known as the "Public Employe Relations Act."
    24     Section 2.  This act shall take effect in 60 days.




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