Bill Text: PA HB1976 | 2009-2010 | Regular Session | Introduced

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Bill Title: Further providing for definitions, for determinations of public employer units, for collective bargaining impasses and for strikes.

Spectrum: Moderate Partisan Bill (Democrat 4-1)

Status: (Introduced - Dead) 2009-09-14 - Referred to LABOR RELATIONS [HB1976 Detail]

Download: Pennsylvania-2009-HB1976-Introduced.html

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PRINTER'S NO. 2657
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1976 Session of2009
INTRODUCED BY WILLIAMS, J. TAYLOR, W. KELLER AND CRUZ, SEPTEMBER 14, 2009
REFERRED TO COMMITTEE ON LABOR RELATIONS, SEPTEMBER 14, 2009
AN ACT
Amending the act of July 23, 1970 (P.L.563, No.195), entitled
"An act establishing rights in public employes to organize
and bargain collectively through selected representatives;
defining public employes to include employes of nonprofit
organizations and institutions; providing compulsory
mediation and fact-finding, for collective bargaining
impasses; providing arbitration for certain public employes
for collective bargaining impasses; defining the scope of
collective bargaining; establishing unfair employe and
employer practices; prohibiting strikes for certain public
employes; permitting strikes under limited conditions;
providing penalties for violations; and establishing
procedures for implementation," further providing for
definitions, for determinations of public employer units, for
collective bargaining impasses and for strikes.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 301 of the act of July 23, 1970 (P.L.563,
No.195), known as the Public Employe Relations Act, is amended
by adding a subsection to read:
Section 301. As used in this act:
* * *
(20) "Campus police officer" means employes of State
colleges and universities, State aided or related colleges and
universities and community colleges who exercise powers of
arrest under authority of law or ordinance.
Section 2. Sections 604(3), 805 and 1001 of the act are
amended to read:
Section 604. The board shall determine the appropriateness
of a unit which shall be the public employer unit or a
subdivision thereof. In determining the appropriateness of the
unit, the board shall:
* * *
(3) Not permit guards at prisons and mental hospitals,
campus police officers, employes directly involved with and
necessary to the functioning of the courts of this Commonwealth,
or any individual employed as a guard to enforce against
employes and other persons, rules to protect property of the
employer or to protect the safety of persons on the employer's
premises to be included in any unit with other public employes,
each may form separate homogenous employe organizations with the
proviso that organizations of the latter designated employe
group may not be affiliated with any other organization
representing or including as members, persons outside of the
organization's classification.
* * *
Section 805. Notwithstanding any other provisions of this
act where representatives of units of guards at prisons or
mental hospitals, campus police officers or units of employes
directly involved with and necessary to the functioning of the
courts of this Commonwealth have reached an impasse in
collective bargaining and mediation as required in section 801
of this article has not resolved the dispute, the impasse shall
be submitted to a panel of arbitrators whose decision shall be
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final and binding upon both parties with the proviso that the
decisions of the arbitrators which would require legislative
enactment to be effective shall be considered advisory only.
Section 1001. Strikes by guards at prisons or mental
hospitals, campus police officers or employes directly involved
with and necessary to the functioning of the courts of this
Commonwealth are prohibited at any time. If a strike occurs the
public employer shall forthwith initiate in the court of common
pleas of the jurisdiction where the strike occurs, an action for
appropriate equitable relief including but not limited to
injunctions. If the strike involves Commonwealth employes, the
chief legal officer of the public employer or the Attorney
General where required by law shall institute an action for
equitable relief, either in the court of common pleas of the
jurisdiction where the strike has occurred or the Commonwealth
Court.
Section 3. This act shall take effect in 60 days.
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