PRIOR PRINTER'S NOS. 2934, 3092 PRINTER'S NO. 4012
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 20010H2183B4012 - 2 -
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 20010H2183B4012 - 4 -
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
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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. K19L43SFL/20010H2183B4012 - 8 -