PRIOR PRINTER'S NOS. 2934, 3092, 4012 PRINTER'S NO. 4019
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 AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
JUNE 12, 2002
AN ACT
1 Specifically authorizing collective bargaining between first-
2 level supervisors and their public employer; providing for
3 arbitration in order to settle disputes rather than striking;
4 and requiring compliance with collective bargaining
5 agreements and findings of arbitrators.
6 TABLE OF CONTENTS
7 Chapter 1. General Provisions
8 Section 101. Short title.
9 Section 102. Definitions.
10 Chapter 2. Selection of Bargaining Representatives
11 Section 201. Jurisdiction.
12 Section 202. Exclusion.
13 Chapter 3. Collective Bargaining
14 Section 301. Settlement.
15 Section 302. Origin.
16 Section 303. Impasse.
17 Chapter 4. Strikes
18 Section 401. Prohibition.
1 Chapter 5. Miscellaneous Provisions
2 Section 501. Para materia.
3 Chapter 6. Savings Provision
4 Section 601. Savings provision.
5 Chapter 7. Severability
6 Section 701. Severability.
7 Chapter 8. Repeal
8 Section 801. Repeal.
9 Chapter 9. Effective Date
10 Section 901. Effective date.
11 The General Assembly of the Commonwealth of Pennsylvania
12 hereby enacts as follows:
13 CHAPTER 1
14 GENERAL PROVISIONS
15 Section 101. Short title.
16 This act shall be known and may be cited as the First-Level
17 Supervisor Collective Bargaining Act.
18 Section 102. Definitions.
19 The following words and phrases when used in this act shall
20 have the meanings given to them in this section unless the
21 context clearly indicates otherwise:
22 "Employee organization." An organization of any kind or any
23 agency or employee representation committee or plan in which
24 membership includes public employees, and which exists for the
25 purpose, in whole or in part, of dealing with employers
26 concerning grievances, employee-employer disputes, wages, rates
27 of pay, hours of employment, or conditions of work, but shall
28 not include any organization which practices discrimination in
29 membership because of race, color, creed, national origin or
30 political affiliation.
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1 "First-level supervisor." An employee functioning at the
2 lowest level as a supervisor.
3 "Public employer." The Pennsylvania Turnpike Commission.
4 "Supervisor." Any individual having authority in the
5 interests of the employer to hire, transfer, suspend, layoff,
6 recall, promote, discharge, assign, reward or discipline other
7 employees or responsibility to direct them or adjust their
8 grievances; or to a substantial degree effectively recommend
9 such action if in connection with the foregoing, the exercise of
10 such authority is not merely routine or clerical in nature but
11 calls for the use of independent judgment.
12 CHAPTER 2
13 SELECTION OF BARGAINING REPRESENTATIVES
14 Section 201. Jurisdiction.
15 The Pennsylvania Labor Relations Board shall have
16 jurisdiction over all questions concerning representation with
17 respect to the selection of employee organizations as exclusive
18 bargaining representatives of first-level supervisors.
19 Section 202. Exclusion.
20 First-level supervisors shall not be included in any
21 bargaining unit which includes nonfirst-level supervisors.
22 CHAPTER 3
23 COLLECTIVE BARGAINING
24 Section 301. Settlement.
25 It shall be the duty of the public employer and employee
26 organizations representing first-level supervisors to settle all
27 disputes by engaging in collective bargaining in good faith and
28 by entering into settlements by way of written agreements and
29 maintaining of the same.
30 Section 302. Origin.
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1 Collective bargaining shall begin at least six months before
2 the start of the fiscal year of the public employer and any
3 request for arbitration, as provided in this article shall be
4 made at least 110 days before the start of the fiscal year.
5 Section 303. Impasse.
6 Impasse in bargaining shall be resolved as follows:
7 (1) If in any case of a dispute between a public
8 employer and an employee organization representing first-
9 level supervisors reaches an impasse in the collective
10 bargaining process, with the result that the public employer
11 and employees are unable to effect a settlement, then either
12 party to the dispute, after written notice to the other party
13 containing specifications of the issue or issues in dispute,
14 may request the appointment of a board of arbitration. For
15 purposes of this section, an impasse shall be deemed to occur
16 in the collective bargaining process if the parties do not
17 reach a settlement of the issue or issues in dispute by way
18 of a written agreement within 30 days after collective
19 bargaining proceedings have been initiated.
20 (2) The board of arbitration shall be composed of three
21 persons, one appointed by the public employer, one appointed
22 by the employee organization and a third member to be agreed
23 upon by the public employer and employee organization. The
24 members of the board representing the public employer and
25 employee organization shall be named within five days from
26 the date of the request for the appointment of the board. If,
27 after a period of ten days from the date of appointment of
28 the two arbitrators appointed by the public employer and the
29 employee organization, the third arbitrator has not been
30 selected by them, then either arbitrator may request the
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1 American Arbitration Association or its successor in function
2 to furnish a list of three members of the association who are
3 residents of this Commonwealth from which the third
4 arbitrator shall be selected. The arbitrator appointed by the
5 public employer shall eliminate one name from the list within
6 five days after the publication of the list, following which
7 the arbitrator appointed by the employee organization shall
8 eliminate one name from the list within five days thereafter.
9 The individual whose name appears on the list shall be the
10 third arbitrator and shall act as chairman of the board of
11 arbitration. The board of arbitration thus established shall
12 commence the arbitration proceedings within ten days after
13 the third arbitrator is selected and shall make its
14 determination within 30 days after the appointment of the
15 third arbitrator.
16 (3) The determination of the majority of the board of
17 arbitration thus established shall be final on the issue or
18 issues in dispute and shall be binding upon the public
19 employer and the employee organization. The determination
20 shall be in writing and a copy thereof shall be forwarded to
21 both parties to the dispute. No appeal therefrom shall be
22 allowed to any court. The determination shall constitute a
23 mandate to the public employer to take the action necessary
24 to carry out the determination of the board of arbitration;
25 provided that determinations of the board which require
26 legislative enactment to be effective shall be considered
27 advisory only.
28 (4) The compensation of the arbitrator appointed by the
29 employee organization shall be paid by them. The compensation
30 of the other two arbitrators, as well as stenographic and
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1 other expenses incurred by the arbitration panel in
2 connection with the arbitration proceedings, shall be paid by
3 the public employer.
4 CHAPTER 4
5 STRIKES
6 Section 401. Prohibition.
7 Strikes by first-level supervisors are prohibited at any
8 time. If such a strike occurs, the public employer shall
9 forthwith initiate in the court of common pleas of the
10 jurisdiction where the strike occurs, an action for appropriate
11 equitable relief including, but not limited to, an injunction.
12 If the strike involves Commonwealth employees, the chief legal <--
13 officer of the public employer or the Attorney General where
14 required by law shall institute an action for equitable relief,
15 either in the court of common pleas of the jurisdiction where
16 the strike has occurred or the Commonwealth Court.
17 CHAPTER 5
18 MISCELLANEOUS PROVISIONS
19 Section 501. Para materia.
20 This act shall be read in para materia with the act of July
21 23, 1970 (P.L.563, No.195), known as the Public Employe
22 Relations Act.
23 CHAPTER 6
24 SAVINGS PROVISION
25 Section 601. Savings provision.
26 The rights granted to certain public employees by the
27 following acts or parts of acts shall not be repealed or
28 diminished by this act:
29 Act of November 27, 1967 (P.L. 628, No.288), entitled "An act
30 protecting the rights of employes of existing transportation
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1 systems which are acquired by cities of the third class or any
2 authority thereof or certain joint authorities; requiring cities
3 of the third class or any authority thereof or any such joint
4 authority to enter into contracts with labor organizations
5 acting for such employes, and providing for arbitration in case
6 of disputes.
7 Act of June 24, 1968 (P.L.237, No.111), referred to as the
8 Policemen and Firemen Collective Bargaining Act.
9 Act of July 23, 1970 (P.L.563, No.195), known as the Public
10 Employe Relations Act, except with respect to section 704 as
11 provided in Chapter 8 of this act.
12 CHAPTER 7
13 SEVERABILITY
14 Section 701. Severability.
15 The provisions of this act are severable. If any provision of
16 this act or its application to any person or circumstance is
17 held invalid, the invalidity shall not affect other provisions
18 or applications of this act which can be given effect without
19 the invalid provision or application.
20 CHAPTER 8
21 REPEAL
22 Section 801. Repeal.
23 Section 704 of the act of July 23, 1970 (P.L.563, No.195),
24 known as the Public Employe Relations Act, is repealed.
25 CHAPTER 9
26 EFFECTIVE DATE
27 Section 901. Effective date.
28 This act shall take effect immediately.
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