PRINTER'S NO. 1626
No. 1272 Session of 1998
INTRODUCED BY ARMSTRONG, FEBRUARY 2, 1998
REFERRED TO LABOR AND INDUSTRY, FEBRUARY 2, 1998
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. A27L43JLW/19980S1272B1626 - 2 -