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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY SANTARSIERO, O'NEILL, GALLOWAY, BRADFORD, MURT, DAVIS, K. BOYLE, CALTAGIRONE, CREIGHTON, DALEY AND K. SMITH, JUNE 10, 2011 |
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| REFERRED TO COMMITTEE ON EDUCATION, JUNE 10, 2011 |
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| AN ACT |
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1 | Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An |
2 | act relating to the public school system, including certain |
3 | provisions applicable as well to private and parochial |
4 | schools; amending, revising, consolidating and changing the |
5 | laws relating thereto," in collective bargaining, further |
6 | providing for submission to mediation and for fact-finding |
7 | panels; providing for mediation; and further providing for |
8 | final best-offer arbitration, for time frame, for strikes |
9 | prohibited in certain circumstances and for lockouts |
10 | prohibited in certain circumstances. |
11 | The General Assembly of the Commonwealth of Pennsylvania |
12 | hereby enacts as follows: |
13 | Section 1. Sections 1121-A and 1122-A(a) and (b) of the act |
14 | of March 10, 1949 (P.L.30, No.14), known as the Public School |
15 | Code of 1949, added July 9, 1992 (P.L.403, No.88), are amended |
16 | to read: |
17 | Section 1121-A. [Submission to Mediation.--(a) If, after a |
18 | reasonable period of negotiation, a dispute or impasse exists |
19 | between the representatives of the employer and the employe |
20 | organization, the parties may voluntarily submit to mediation, |
21 | but, if no agreement is reached between the parties within |
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1 | forty-five (45) days after negotiations have commenced, but in |
2 | no event later than one hundred twenty-six (126) days prior to |
3 | June 30 or December 31, whichever is the end of the school |
4 | entity's fiscal year, and mediation has not been utilized by the |
5 | parties, both parties shall immediately in writing call on the |
6 | service of the Pennsylvania Bureau of Mediation. |
7 | (b) The Pennsylvania Bureau of Mediation shall employ a |
8 | complement of not less than twenty-five (25) mediators which |
9 | shall be available to mediate according to the provisions of |
10 | subsection (a).] Negotiations.--The representatives of the |
11 | employer and the employe organization shall commence |
12 | negotiations no later than two hundred eleven (211) days prior |
13 | to June 30 or December 21, whichever is the end of the school |
14 | entity's fiscal year. The representatives of the employer and |
15 | employe organization shall meet no fewer than four times per |
16 | month and, if no agreement has been reached seventy-five (75) |
17 | days prior to June 30 or December 21, whichever is the end of |
18 | the school entity's fiscal year, no fewer than two times between |
19 | seventy-five (75) days and sixty-one (61) days prior to the end |
20 | of the school entity's fiscal year. |
21 | Section 1122-A. Fact-finding Panels.--(a) [(1) Once |
22 | mediation has commenced, it shall continue for so long as the |
23 | parties have not reached an agreement. If, however, an agreement |
24 | has not been reached within forty-five (45) days after mediation |
25 | has commenced or in no event later than eighty-one (81) days |
26 | prior to June 30 or December 31, whichever is the end of the |
27 | school entity's fiscal year, the Bureau of Mediation shall |
28 | notify the board of the parties' failure to reach an agreement |
29 | and of whether either party has requested the appointment of a |
30 | fact-finding panel.] |
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1 | (2) [No later than eighty-one (81)] If an agreement is not |
2 | reached between the parties within ninety (90) days after |
3 | negotiations have commenced or in no event later than one |
4 | hundred twenty-one (121) days prior to June 30 or December 31, |
5 | whichever is the end of the school entity's fiscal year, [either |
6 | party may request the board to appoint a fact-finding panel. |
7 | Upon receiving such request,] the board shall appoint a fact- |
8 | finding panel which may consist of either one (1) or three (3) |
9 | members. The panel so designated or selected shall hold hearings |
10 | and take oral or written testimony and shall have subpoena |
11 | power. If, during this time, the parties have not reached an |
12 | independent agreement, the panel shall make findings of fact and |
13 | recommendations. The panel shall not find or recommend that the |
14 | parties accept or adopt an impasse procedure. |
15 | (3) The parties may mutually agree to fact-finding, and the |
16 | board shall appoint a fact-finding panel as provided for in |
17 | clause (2) at any time except that the parties may not mutually |
18 | agree to fact-finding during mandated final best-offer |
19 | arbitration. |
20 | (4) The board may implement fact-finding and appoint a panel |
21 | as provided for in clause (2) at a time other than that mandated |
22 | in this section, except that fact-finding may not be implemented |
23 | between the period of notice to strike and the conclusion of a |
24 | strike or during final best-offer arbitration. If the board |
25 | chooses not to implement fact-finding prior to a strike, the |
26 | board shall issue a report to the parties listing the reasons |
27 | for not implementing fact-finding if either party requests one. |
28 | (b) The findings of fact and recommendations shall be sent |
29 | by registered mail to the board and to both parties not more |
30 | than forty (40) days after the [Bureau of Mediation has notified |
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1 | the board as provided in subsection (a)] fact-finding panel is |
2 | appointed. |
3 | * * * |
4 | Section 2. The act is amended by adding a section to read: |
5 | Section 1122.1-A. Mediation.--(a) If an agreement is not |
6 | reached between the parties within one hundred thirty (130) days |
7 | after negotiations have commenced or in no event later than |
8 | eighty-one (81) days prior to June 30 or December 31, whichever |
9 | is the end of the school entity's fiscal year, both parties |
10 | shall immediately in writing call on the services of the Bureau |
11 | of Mediation. |
12 | (b) The Bureau of Mediation shall employ a complement of not |
13 | less than twenty-five (25) mediators who shall be available to |
14 | mediate according to the provisions of subsection (a). |
15 | Section 3. Sections 1125-A(a), (b), (c), (d), (g), (i), (j) |
16 | and (m), 1126-A, 1131-A and 1132-A of the act, added July 9, |
17 | 1992 (P.L.403, No.88), are amended to read: |
18 | Section 1125-A. Final Best-Offer Arbitration.--(a) At any |
19 | time prior to mandated final best-offer arbitration, either the |
20 | employer or the employe organization may request final best- |
21 | offer arbitration unless fact-finding has been initiated as |
22 | provided in section 1122-A. If fact-finding has been initiated, |
23 | the parties shall complete fact-finding before requesting final |
24 | best-offer arbitration. If either party requests final best- |
25 | offer arbitration, the requesting party shall notify the Bureau |
26 | of Mediation, the board and the opposing party in writing. The |
27 | opposing party shall, within ten (10) days of the notification |
28 | by the requesting party, notify the requesting party in writing |
29 | of its agreement or refusal to submit to final best-offer |
30 | arbitration. [No strikes or lockouts shall occur during this ten |
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1 | (10) day period or until the requesting party is notified by the |
2 | opposing party that they refuse to submit to final best-offer |
3 | arbitration.] Arbitration provided for in this subsection shall |
4 | only occur if both parties agree to submit to final best-offer |
5 | arbitration. |
6 | (b) If [a strike by employes or a lockout by an employer |
7 | will prevent the school entity from providing the period of |
8 | instruction required by section 1501 by the later of: |
9 | (1) June 15; or |
10 | (2) the last day of the school entity's scheduled school |
11 | year;] an agreement is not reached between the parties within |
12 | one hundred fifty (150) days after negotiations have commenced |
13 | or in no event later than sixty-one (61) days prior to June 30 |
14 | or December 31, whichever is the end of the school entity's |
15 | fiscal year, the parties shall submit to mandated final best- |
16 | offer arbitration consistent with the arbitration option |
17 | negotiated. A return to work for the purpose of submitting to |
18 | final best-offer arbitration shall not be considered a |
19 | unilateral return to work. |
20 | [(c) If the parties are unable to agree on the adoption of |
21 | one of the approved impasse procedures under section 1123-A, the |
22 | mediator appointed pursuant to section 1121-A shall select the |
23 | procedure.] |
24 | (d) Within [ten (10)] three (3) days of submission to final |
25 | best-offer arbitration, the parties shall submit to the |
26 | arbitrators their final best contract offer with certification |
27 | that the offer was delivered to the opposing party, together |
28 | with documentation supporting the reasonableness of their offer. |
29 | This documentation shall include, but not be limited to, the |
30 | following: |
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1 | (1) The public interest. |
2 | (2) The interest and welfare of the employe organization. |
3 | (3) The financial capability of the school entity. |
4 | (4) The results of negotiations between the parties prior to |
5 | submission of last best contract offers. |
6 | (5) Changes in the cost of living. |
7 | (6) The existing terms and conditions of employment of the |
8 | employe organization members and those of similar groups. |
9 | (7) Such other documentation as the arbitration panel shall |
10 | deem relevant. |
11 | * * * |
12 | (g) Upon submission to the [arbitrator] arbitrators of both |
13 | parties' final best offers under subsection (a) or (b), the |
14 | employer shall post, within the time limits described in |
15 | subsection (d), the final best contract offers in the school |
16 | entity's main office for the purpose of soliciting public |
17 | comments thereon. Copies of both parties' final best offers |
18 | shall be available from the school entity's main office. The |
19 | cost of copies shall be established by the school entity and |
20 | shall be paid by the requestor. |
21 | * * * |
22 | (i) Within ten (10) days of [the selection of the third |
23 | arbitrator of the arbitration panel] submission to final best- |
24 | offer arbitration, the arbitrators shall begin hearings at which |
25 | they will hear arguments from representatives of the employer |
26 | and of the employes in support of their respective last best |
27 | contract offers under subsection (a) or (b). [At least five (5) |
28 | days prior to the hearing, a written notice of the date, time |
29 | and place of such hearing shall be sent to the representatives |
30 | of both the employer and employes which are parties to the |
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1 | dispute. This written notice shall also be sent to the fiscal |
2 | authority having budgetary responsibility or charged with making |
3 | appropriations for the employer, and a representative designated |
4 | by such body shall be heard at the hearing upon request of such |
5 | body or of the employer as part of the presentation of the |
6 | employer.] |
7 | (j) Not later than [twenty (20) days after the hearing |
8 | pursuant to subsection (i)] forty-one (41) days prior to June 30 |
9 | or December 31, whichever is the end of the school entity's |
10 | fiscal year, the arbitrators shall: |
11 | (1) examine each item of dispute; |
12 | (2) make a determination in writing consistent with the |
13 | arbitration option agreed to by the parties; and |
14 | (3) forward a copy of the written determination to both |
15 | parties involved in the dispute and to the board. |
16 | * * * |
17 | (m) [If the employer or the employe organization rejects the |
18 | determination of the majority of the arbitrators: |
19 | (1) The employe organization may initiate a legal strike or |
20 | resume a legal strike initiated prior to submission to final |
21 | best-offer arbitration. |
22 | (2) The employer may hire substitutes as provided under |
23 | subsection (b) of section 1172-A. |
24 | (3) The employer may initiate a legal lockout or resume a |
25 | legal lockout initiated prior to submission to final best-offer |
26 | arbitration.] |
27 | (1) If the employer rejects the determination of the |
28 | majority of the arbitrators, State funds payable to the employer |
29 | shall be withheld by the State Treasurer for the duration of the |
30 | contract dispute. During the duration of the contract dispute, |
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1 | the employer may not suspend any professional employe, as |
2 | defined in section 1101, for economic reasons. |
3 | (2) If the employe organization rejects the determination of |
4 | the majority of the arbitrators, the employe organization shall |
5 | be prohibited from initiating a legal strike or resuming a legal |
6 | strike initiated prior to submission of best-offer arbitration. |
7 | (3) In the event that either or both parties reject the |
8 | determination of the majority of the arbitrators, both parties |
9 | shall commence round-the-clock negotiations until an agreement |
10 | is reached or a two-week period is completed, whichever occurs |
11 | first. |
12 | Section 1126-A. Time Frame.--(a) The time periods set forth |
13 | in this article are mandatory and shall not be construed to be |
14 | directory. |
15 | (b) In the event that either party fails to comply with the |
16 | time periods set forth in this article, the other party may |
17 | institute a cause of action in the court of common pleas of the |
18 | judicial district encompassing the respective school district. |
19 | Section 1131-A. Strikes Prohibited in Certain |
20 | Circumstances.--[A strike must cease where the parties request |
21 | fact-finding for the duration of the fact-finding. A strike must |
22 | end where the parties agree to arbitration.] Strikes are |
23 | prohibited: |
24 | (1) During [the period of up to ten (10) days provided for |
25 | under section 1125-A(a).] negotiation under section 1121-A. |
26 | (1.1) During fact-finding. |
27 | (1.2) During mediation. |
28 | (2) During final best-offer arbitration, including the |
29 | period of up to ten (10) days after receipt of the determination |
30 | of the arbitrators during which the employe organization and |
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1 | governing body of the school entity may consider the |
2 | determination. |
3 | (3) When the arbitrators' determination becomes final and |
4 | binding. |
5 | Section 1132-A. Lockouts Prohibited in Certain |
6 | Circumstances.--[A lockout must cease where the parties request |
7 | fact-finding for the duration of the fact-finding. A lockout |
8 | must end where the parties agree to arbitration.] Lockouts are |
9 | prohibited: |
10 | (1) During [the period of up to ten (10) days provided for |
11 | under section 1125-A(a).] negotiation under section 1121-A. |
12 | (1.1) During fact-finding. |
13 | (1.2) During mediation. |
14 | (2) During final best-offer arbitration, including the |
15 | period of up to ten (10) days after receipt of the determination |
16 | of the arbitrators during which the employe organization and |
17 | employer may consider the determination. |
18 | (3) When the arbitrators' determination becomes final and |
19 | binding. |
20 | Section 4. This act shall take effect in 60 days. |
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