Bill Text: PA HB2726 | 2011-2012 | Regular Session | Introduced

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Bill Title: Providing for hiring preferences for employees of former youth development centers.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Introduced - Dead) 2012-10-23 - Referred to LABOR AND INDUSTRY [HB2726 Detail]

Download: Pennsylvania-2011-HB2726-Introduced.html

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PRINTER'S NO. 4304
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2726 Session of2012
INTRODUCED BY GIBBONS, SAINATO, LONGIETTI, D. COSTA, GEORGE, KORTZ AND CALTAGIRONE, OCTOBER 23, 2012
REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, OCTOBER 23, 2012
AN ACT
Providing for hiring preferences for employees of former youth
development centers.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Youth
Development Center Employee Assistance Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Youth development center." A facility that provides secure
programming for adjudicated delinquent youth.
Section 3. Scope.
This act shall apply to professional and temporary
professional employees of a youth development center formerly
operated by the Commonwealth and closed by the Department of
Public Welfare.
Section 4. Hiring preference.
(a) Pool of employees.--The Commonwealth shall create a pool
for each youth development center comprised of the professional
and temporary professional employees who have received formal
notice of suspension from the Commonwealth as a result of the
Commonwealth's decision to cease Commonwealth operation of the
youth development center.
(b) Hiring preference.--For the three years immediately
following the formal notice of suspension from the Commonwealth,
employees in a pool created under subsection (a) shall be
offered employment by each eligible entity as determined under
subsection (d) associated with the applicable pool created under
subsection (a), when that eligible entity has a vacancy for a
position that an employee in the applicable pool is properly
certified to fill, provided that no employee of the eligible
entity in which the vacancy exists, including a suspended or
demoted employee, has a right to the vacancy under the
collective bargaining agreement of the respective eligible
school entity.
(c) Restriction on hiring new employees.--For the three
years immediately following the formal notice of suspension from
the Commonwealth, no new employee may be hired by an eligible
entity as determined under subparagraph (iv) associated with the
applicable pool created under subsection (d), until the position
has been offered, in order of seniority, to all properly
certified members of the applicable pool created under
subsection (a).
(d) Eligible entity.--For the purpose of subsections (b) and
(c), an "eligible entity" includes a youth development center,
the administration building of which is 17 miles or less from
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the administration building of a youth development center
formerly operated by the Commonwealth and closed by the
Department of Public Welfare.
Section 5. Sick leave.
Employees hired from a pool under section 4 and former
employees of a youth development center formerly operated by the
Commonwealth and closed by the Department of Public Welfare who
resigned from the youth development center within the six months
prior to the effective date of an act of the General Assembly
declining to fund the youth development center and who accepted
employment at another youth development center shall be credited
by the hiring youth development center for all sick leave
accumulated in the closed youth development center and shall be
credited for years of service in the closed youth development
center for purposes of salary schedule placement. Employees
shall further be credited for their years of service in the
closed youth development center for purposes of sabbatical leave
eligibility, suspension and realignment rights and eligibility
for any retirement incentives or severance payments in a hiring
youth development center.
Section 6. Other agreements.
Nothing in this act shall be construed to supersede or
preempt any provision of an individual employment agreement
between a youth development center and an employee entered into
prior to the effective date of this section, or any provision of
a collective bargaining agreement in effect as of the effective
date of this paragraph and negotiated by an entity and an
exclusive representative of the employees in accordance with the
act of July 23, 1970 (P.L.563, No.195), known as the Public
Employe Relations Act.
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Section 7. Effective date.
This act shall take effect in 60 days.
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