SENATE AMENDED PRIOR PRINTER'S NOS. 2934, 3092, 4012, PRINTER'S NO. 4638 4019
No. 2183 Session of 2001
INTRODUCED BY BUTKOVITZ, KELLER, LEDERER, WATERS, McGEEHAN, YOUNGBLOOD, WOGAN, PIPPY, READSHAW, WOJNAROSKI, RUFFING, KAISER, DeLUCA, DIVEN, PISTELLA, J. WILLIAMS, TANGRETTI AND PETRARCA, NOVEMBER 20, 2001
SENATOR ARMSTRONG, LABOR AND INDUSTRY, IN SENATE, AS AMENDED, NOVEMBER 19, 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
1 Section 401. Prohibition. 2 Chapter 5. Miscellaneous Provisions 3 Section 501. Para materia. 4 Chapter 6. Savings Provision 5 Section 601. Savings provision. 6 Chapter 7. Severability 7 Section 701. Severability. 8 Chapter 8. Repeal <-- 9 Section 801. Repeal. 10 Chapter 9. Effective Date 11 Section 901. Effective date. 12 CHAPTER 8. EFFECTIVE DATE <-- 13 SECTION 801. 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. Short title. 19 This act shall be known and may be cited as the First-Level 20 Supervisor Collective Bargaining Act. 21 Section 102. Definitions. 22 The following words and phrases when used in this act shall 23 have the meanings given to them in this section unless the 24 context clearly indicates otherwise: 25 "Employee organization." An organization of any kind or any 26 agency or employee representation committee or plan in which 27 membership includes public employees, and which exists for the 28 purpose, in whole or in part, of dealing with employers 29 concerning grievances, employee-employer disputes, wages, rates 30 of pay, hours of employment, or conditions of work, but shall 20010H2183B4638 - 2 -
1 not include any organization which practices discrimination in 2 membership because of race, color, creed, national origin or 3 political affiliation. 4 "First-level supervisor." An employee functioning at the 5 lowest level as a supervisor. 6 "Public employer." The Pennsylvania Turnpike Commission. 7 "Supervisor." Any individual having authority in the 8 interests of the employer to hire, transfer, suspend, layoff, 9 recall, promote, discharge, assign, reward or discipline other 10 employees or responsibility to direct them or adjust their 11 grievances; or to a substantial degree effectively recommend 12 such action if in connection with the foregoing, the exercise of 13 such authority is not merely routine or clerical in nature but 14 calls for the use of independent judgment. 15 CHAPTER 2 16 SELECTION OF BARGAINING REPRESENTATIVES 17 Section 201. Jurisdiction. 18 The Pennsylvania Labor Relations Board shall have 19 jurisdiction over all questions concerning representation with 20 respect to the selection of employee organizations as exclusive 21 bargaining representatives of first-level supervisors. 22 Section 202. Exclusion. 23 First-level supervisors shall not be included in any 24 bargaining unit which includes nonfirst-level supervisors. 25 CHAPTER 3 26 COLLECTIVE BARGAINING 27 Section 301. Settlement. 28 It shall be the duty of the public employer and employee 29 organizations representing first-level supervisors to settle all 30 disputes by engaging in collective bargaining in good faith and 20010H2183B4638 - 3 -
1 by entering into settlements by way of written agreements and 2 maintaining of the same. 3 Section 302. Origin. 4 Collective bargaining shall begin at least six months before 5 the start of the fiscal year of the public employer and any 6 request for arbitration, as provided in this article shall be 7 made at least 110 days before the start of the fiscal year. 8 Section 303. Impasse. 9 Impasse in bargaining shall be resolved as follows: 10 (1) If in any case of a dispute between a public 11 employer and an employee organization representing first- 12 level supervisors reaches an impasse in the collective 13 bargaining process, with the result that the public employer 14 and employees are unable to effect a settlement, then either 15 party to the dispute, after written notice to the other party 16 containing specifications of the issue or issues in dispute, 17 may request the appointment of a board of arbitration. For 18 purposes of this section, an impasse shall be deemed to occur 19 in the collective bargaining process if the parties do not 20 reach a settlement of the issue or issues in dispute by way 21 of a written agreement within 30 days after collective 22 bargaining proceedings have been initiated. 23 (2) The board of arbitration shall be composed of three 24 persons, one appointed by the public employer, one appointed 25 by the employee organization and a third member to be agreed 26 upon by the public employer and employee organization. The 27 members of the board representing the public employer and 28 employee organization shall be named within five days from 29 the date of the request for the appointment of the board. If, 30 after a period of ten days from the date of appointment of 20010H2183B4638 - 4 -
1 the two arbitrators appointed by the public employer and the 2 employee organization, the third arbitrator has not been 3 selected by them, then either arbitrator may request the 4 American Arbitration Association or its successor in function 5 to furnish a list of three members of the association who are 6 residents of this Commonwealth from which the third 7 arbitrator shall be selected. The arbitrator appointed by the 8 public employer shall eliminate one name from the list within 9 five days after the publication of the list, following which 10 the arbitrator appointed by the employee organization shall 11 eliminate one name from the list within five days thereafter. 12 The individual whose name appears on the list shall be the 13 third arbitrator and shall act as chairman of the board of 14 arbitration. The board of arbitration thus established shall 15 commence the arbitration proceedings within ten days after 16 the third arbitrator is selected and shall make its 17 determination within 30 days after the appointment of the 18 third arbitrator. 19 (3) The determination of the majority of the board of 20 arbitration thus established shall be final on the issue or 21 issues in dispute and shall be binding upon the public 22 employer and the employee organization. The determination 23 shall be in writing and a copy thereof shall be forwarded to 24 both parties to the dispute. No appeal therefrom shall be 25 allowed to any court. The determination shall constitute a 26 mandate to the public employer to take the action necessary 27 to carry out the determination of the board of arbitration; 28 provided that determinations of the board which require 29 legislative enactment to be effective shall be considered 30 advisory only. 20010H2183B4638 - 5 -
1 (4) The compensation of the arbitrator appointed by the 2 employee organization shall be paid by them. The compensation 3 of the other two arbitrators, as well as stenographic and 4 other expenses incurred by the arbitration panel in 5 connection with the arbitration proceedings, shall be paid by 6 the public employer. 7 CHAPTER 4 8 STRIKES 9 Section 401. Prohibition. 10 Strikes by first-level supervisors are prohibited at any 11 time. If such a strike occurs, the public employer shall 12 forthwith initiate in the court of common pleas of the 13 jurisdiction where the strike occurs, an action for appropriate 14 equitable relief including, but not limited to, an injunction. 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 20010H2183B4638 - 6 -
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. 27 CHAPTER 8 <-- 28 EFFECTIVE DATE 29 SECTION 801. EFFECTIVE DATE. 30 THIS ACT SHALL TAKE EFFECT IMMEDIATELY. K19L43SFL/20010H2183B4638 - 7 -