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        PRIOR PRINTER'S NOS. 2934, 3092               PRINTER'S NO. 4012

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 2183 Session of 2001


        INTRODUCED BY BUTKOVITZ, KELLER, LEDERER, WATERS, McGEEHAN,
           YOUNGBLOOD, WOGAN, E. Z. TAYLOR, PIPPY, READSHAW, WOJNAROSKI,
           RUFFING, KAISER, DeLUCA, DIVEN, PISTELLA, J. WILLIAMS,
           TANGRETTI AND PETRARCA, NOVEMBER 20, 2001

        AS RE-REPORTED FROM COMMITTEE ON APPROPRIATIONS, HOUSE OF
           REPRESENTATIVES, AS AMENDED, JUNE 11, 2002

                                     AN ACT

     1  Specifically authorizing collective bargaining between first-
     2     level supervisors and their public employers EMPLOYER;         <--
     3     providing for arbitration in order to settle disputes rather
     4     than striking; and requiring compliance with collective
     5     bargaining agreements and findings of arbitrators.

     6                         TABLE OF CONTENTS
     7  Chapter 1.  General Provisions
     8  Section 101.  Declaration of policy.                              <--
     9  Section 102.  Short title.
    10  Section 103.  Definitions.
    11  SECTION 101.  SHORT TITLE.                                        <--
    12  SECTION 102.  DEFINITIONS.
    13  Chapter 2.  Selection of Bargaining Representatives
    14  Section 201.  Jurisdiction.
    15  Section 202.  Exclusion.
    16  Chapter 3.  Collective Bargaining
    17  Section 301.  Settlement.
    18  Section 302.  Origin.

     1  Section 303.  Impasse.
     2  Chapter 4.  Strikes
     3  Section 401.  Prohibition.
     4  Chapter 5.  Miscellaneous Provisions
     5  Section 501.  Para materia.
     6  Chapter 6.  Savings Provision
     7  Section 601.  Savings provision.
     8  Chapter 7.  Severability
     9  Section 701.  Severability.
    10  Chapter 8.  Repeal
    11  Section 801.  Repeal.
    12  Chapter 9.  Effective Date
    13  Section 901.  Effective date.
    14     The General Assembly of the Commonwealth of Pennsylvania
    15  hereby enacts as follows:
    16                             CHAPTER 1
    17                         GENERAL PROVISIONS
    18  Section 101.  Declaration of policy.                              <--
    19     The General Assembly finds and declares as follows:
    20     It is the public policy of this Commonwealth and the purpose
    21  of this act to promote orderly, constructive and harmonious
    22  relationships between first-level supervisors and their public
    23  employers subject, however, to the paramount right of the
    24  citizens of this Commonwealth to keep inviolate the guarantees
    25  for their health, safety and welfare. Unresolved disputes
    26  between public employers and their first-level supervisors are
    27  injurious to the public and the current meet and discuss rights
    28  of first-level supervisors provided by the act of July 23, 1970
    29  (P.L.563, No.195), known as the Public Employe Relations Act, do
    30  not provide a meaningful or enforceable method of resolving such
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     1  disputes. The General Assembly has determined that the overall
     2  policy may best be accomplished by requiring public employers to
     3  negotiate and bargain with employee organizations representing
     4  first-level supervisors and to enter into written agreements
     5  evidencing the result of such bargaining.
     6  Section 102 101.  Short title.                                    <--
     7     This act shall be known and may be cited as the Public         <--
     8  Employee First-Level Supervisor Collective Bargaining Act.
     9  Section 103 102.  Definitions.                                    <--
    10     The following words and phrases when used in this act shall
    11  have the meanings given to them in this section unless the
    12  context clearly indicates otherwise:
    13     "Employee organization."  An organization of any kind or any
    14  agency or employee representation committee or plan in which
    15  membership includes public employees, and which exists for the
    16  purpose, in whole or in part, of dealing with employers
    17  concerning grievances, employee-employer disputes, wages, rates
    18  of pay, hours of employment, or conditions of work, but shall
    19  not include any organization which practices discrimination in
    20  membership because of race, color, creed, national origin or
    21  political affiliation.
    22     "First-level supervisor."  An employee functioning at the
    23  lowest level as a supervisor.
    24     "Public employer."  The Commonwealth, its political            <--
    25  subdivisions including school districts and any officer, board,
    26  commission, agency, authority or other instrumentality thereof
    27  but shall not include employers covered or presently subject to
    28  coverage under the National Labor Relations Act (49 Stat. 449,
    29  29 U.S.C. § 151 et seq.) and the act of June 1, 1937 (P.L.1168,
    30  No.294), known as the Pennsylvania Labor Relations Act.
    20010H2183B4012                  - 3 -

     1     "PUBLIC EMPLOYER."  THE PENNSYLVANIA TURNPIKE COMMISSION.      <--
     2     "Supervisor."  Any individual having authority in the
     3  interests of the employer to hire, transfer, suspend, layoff,
     4  recall, promote, discharge, assign, reward or discipline other
     5  employees or responsibility to direct them or adjust their
     6  grievances; or to a substantial degree effectively recommend
     7  such action if in connection with the foregoing, the exercise of
     8  such authority is not merely routine or clerical in nature but
     9  calls for the use of independent judgment.
    10                             CHAPTER 2
    11              SELECTION OF BARGAINING REPRESENTATIVES
    12  Section 201.  Jurisdiction.
    13     The Pennsylvania Labor Relations Board shall have
    14  jurisdiction over all questions concerning representation with
    15  respect to the selection of employee organizations as exclusive
    16  bargaining representatives of first-level supervisors.
    17  Section 202.  Exclusion.
    18     First-level supervisors shall not be included in any
    19  bargaining unit which includes nonfirst-level supervisors.
    20                             CHAPTER 3
    21                       COLLECTIVE BARGAINING
    22  Section 301.  Settlement.
    23     It shall be the duty of the public employer and employee
    24  organizations representing first-level supervisors to settle all
    25  disputes by engaging in collective bargaining in good faith and
    26  by entering into settlements by way of written agreements and
    27  maintaining of the same.
    28  Section 302.  Origin.
    29     Collective bargaining shall begin at least six months before
    30  the start of the fiscal year of the public employer and any
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     1  request for arbitration, as provided in this article shall be
     2  made at least 110 days before the start of the fiscal year.
     3  Section 303.  Impasse.
     4     Impasse in bargaining shall be resolved as follows:
     5         (1)  If in any case of a dispute between a public
     6     employer and an employee organization representing first-
     7     level supervisors reaches an impasse in the collective
     8     bargaining process, with the result that employers THE PUBLIC  <--
     9     EMPLOYER and employees are unable to effect a settlement,
    10     then either party to the dispute, after written notice to the
    11     other party containing specifications of the issue or issues
    12     in dispute, may request the appointment of a board of
    13     arbitration. For purposes of this section, an impasse shall
    14     be deemed to occur in the collective bargaining process if
    15     the parties do not reach a settlement of the issue or issues
    16     in dispute by way of a written agreement within 30 days after
    17     collective bargaining proceedings have been initiated.
    18         (2)  The board of arbitration shall be composed of three
    19     persons, one appointed by the public employer, one appointed
    20     by the employee organization and a third member to be agreed
    21     upon by the public employer and employee organization. The
    22     members of the board representing the public employer and
    23     employee organization shall be named within five days from
    24     the date of the request for the appointment of the board. If,
    25     after a period of ten days from the date of appointment of
    26     the two arbitrators appointed by the public employer and the
    27     employee organization, the third arbitrator has not been
    28     selected by them, then either arbitrator may request the
    29     American Arbitration Association or its successor in function
    30     to furnish a list of three members of the association who are
    20010H2183B4012                  - 5 -

     1     residents of this Commonwealth from which the third
     2     arbitrator shall be selected. The arbitrator appointed by the
     3     public employer shall eliminate one name from the list within
     4     five days after the publication of the list, following which
     5     the arbitrator appointed by the employee organization shall
     6     eliminate one name from the list within five days thereafter.
     7     The individual whose name appears on the list shall be the
     8     third arbitrator and shall act as chairman of the board of
     9     arbitration. The board of arbitration thus established shall
    10     commence the arbitration proceedings within ten days after
    11     the third arbitrator is selected and shall make its
    12     determination within 30 days after the appointment of the
    13     third arbitrator.
    14         (3)  The determination of the majority of the board of
    15     arbitration thus established shall be final on the issue or
    16     issues in dispute and shall be binding upon the public
    17     employer and the employee organization. The determination
    18     shall be in writing and a copy thereof shall be forwarded to
    19     both parties to the dispute. No appeal therefrom shall be
    20     allowed to any court. The determination shall constitute a
    21     mandate to the public employer to take the action necessary
    22     to carry out the determination of the board of arbitration;
    23     provided that determinations of the board which require
    24     legislative enactment to be effective shall be considered
    25     advisory only.
    26         (4)  The compensation of the arbitrator appointed by the
    27     employee organization shall be paid by them. The compensation
    28     of the other two arbitrators, as well as stenographic and
    29     other expenses incurred by the arbitration panel in
    30     connection with the arbitration proceedings, shall be paid by
    20010H2183B4012                  - 6 -

     1     the public employer.
     2                             CHAPTER 4
     3                              STRIKES
     4  Section 401.  Prohibition.
     5     Strikes by first-level supervisors are prohibited at any
     6  time. If such a strike occurs, the public employer shall
     7  forthwith initiate in the court of common pleas of the
     8  jurisdiction where the strike occurs, an action for appropriate
     9  equitable relief including, but not limited to, an injunction.
    10  If the strike involves Commonwealth employees, the chief legal
    11  officer of the public employer or the Attorney General where
    12  required by law shall institute an action for equitable relief,
    13  either in the court of common pleas of the jurisdiction where
    14  the strike has occurred or the Commonwealth Court.
    15                             CHAPTER 5
    16                      MISCELLANEOUS PROVISIONS
    17  Section 501.  Para materia.
    18     This act shall be read in para materia with the act of July
    19  23, 1970 (P.L.563, No.195), known as the Public Employe
    20  Relations Act.
    21                             CHAPTER 6
    22                         SAVINGS PROVISION
    23  Section 601.  Savings provision.
    24     The rights granted to certain public employees by the
    25  following acts or parts of acts shall not be repealed or
    26  diminished by this act:
    27     Act of November 27, 1967 (P.L. 628, No.288), entitled "An act
    28  protecting the rights of employes of existing transportation
    29  systems which are acquired by cities of the third class or any
    30  authority thereof or certain joint authorities; requiring cities
    20010H2183B4012                  - 7 -

     1  of the third class or any authority thereof or any such joint
     2  authority to enter into contracts with labor organizations
     3  acting for such employes, and providing for arbitration in case
     4  of disputes.
     5     Act of June 24, 1968 (P.L.237, No.111), referred to as the
     6  Policemen and Firemen Collective Bargaining Act.
     7     Act of July 23, 1970 (P.L.563, No.195), known as the Public
     8  Employe Relations Act, except with respect to section 704 as
     9  provided in Chapter 8 of this act.
    10                             CHAPTER 7
    11                            SEVERABILITY
    12  Section 701.  Severability.
    13     The provisions of this act are severable. If any provision of
    14  this act or its application to any person or circumstance is
    15  held invalid, the invalidity shall not affect other provisions
    16  or applications of this act which can be given effect without
    17  the invalid provision or application.
    18                             CHAPTER 8
    19                               REPEAL
    20  Section 801.  Repeal.
    21     Section 704 of the act of July 23, 1970 (P.L.563, No.195),
    22  known as the Public Employe Relations Act, is repealed.
    23                             CHAPTER 9
    24                           EFFECTIVE DATE
    25  Section 901.  Effective date.
    26     This act shall take effect immediately.



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