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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY STACK, TARTAGLIONE, HUGHES, FONTANA, LOGAN, COSTA AND LEACH, NOVEMBER 10, 2009 |
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| REFERRED TO LABOR AND INDUSTRY, NOVEMBER 10, 2009 |
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| AN ACT |
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1 | Amending the act of July 23, 1970 (P.L.563, No.195), entitled |
2 | "An act establishing rights in public employes to organize |
3 | and bargain collectively through selected representatives; |
4 | defining public employes to include employes of nonprofit |
5 | organizations and institutions; providing compulsory |
6 | mediation and fact-finding, for collective bargaining |
7 | impasses; providing arbitration for certain public employes |
8 | for collective bargaining impasses; defining the scope of |
9 | collective bargaining; establishing unfair employe and |
10 | employer practices; prohibiting strikes for certain public |
11 | employes; permitting strikes under limited conditions; |
12 | providing penalties for violations; and establishing |
13 | procedures for implementation," further providing for |
14 | definitions, for powers of board, for submission of impasse |
15 | to panel of arbitrators and for certain strikes prohibited. |
16 | The General Assembly of the Commonwealth of Pennsylvania |
17 | hereby enacts as follows: |
18 | Section 1. Section 301 of the act of July 23, 1970 (P.L.563, |
19 | No.195), known as the Public Employe Relations Act, is amended |
20 | by adding a definition to read: |
21 | Section 301. As used in this act: |
22 | * * * |
23 | (20) "Campus police officer" means any public employe who |
24 | has the power and authority to arrest pursuant to section 2416 |
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1 | of the act of April 9, 1929 (P.L.177, No.175), known as The |
2 | Administrative Code of 1929, or other law of the Commonwealth. |
3 | Section 2. Sections 604(3), 805 and 1001 of the act are |
4 | amended to read: |
5 | Section 604. The board shall determine the appropriateness |
6 | of a unit which shall be the public employer unit or a |
7 | subdivision thereof. In determining the appropriateness of the |
8 | unit, the board shall: |
9 | * * * |
10 | (3) Not permit guards at prisons and mental hospitals, |
11 | campus police officers, employes directly involved with and |
12 | necessary to the functioning of the courts of this Commonwealth, |
13 | or any individual employed as a guard to enforce against |
14 | employes and other persons, rules to protect property of the |
15 | employer or to protect the safety of persons on the employer's |
16 | premises to be included in any unit with other public employes, |
17 | each may form separate homogenous employe organizations with the |
18 | proviso that organizations of the latter designated employe |
19 | group may not be affiliated with any other organization |
20 | representing or including as members, persons outside of the |
21 | organization's classification. |
22 | * * * |
23 | Section 805. Notwithstanding any other provisions of this |
24 | act where representatives of units of guards at prisons or |
25 | mental hospitals, campus police officers or units of employes |
26 | directly involved with and necessary to the functioning of the |
27 | courts of this Commonwealth have reached an impasse in |
28 | collective bargaining and mediation as required in section 801 |
29 | of this article has not resolved the dispute, the impasse shall |
30 | be submitted to a panel of arbitrators whose decision shall be |
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1 | final and binding upon both parties with the proviso that the |
2 | decisions of the arbitrators which would require legislative |
3 | enactment to be effective shall be considered advisory only. |
4 | Section 1001. Strikes by guards at prisons or mental |
5 | hospitals, campus police officers or employes directly involved |
6 | with and necessary to the functioning of the courts of this |
7 | Commonwealth are prohibited at any time. If a strike occurs the |
8 | public employer shall forthwith initiate in the court of common |
9 | pleas of the jurisdiction where the strike occurs, an action for |
10 | appropriate equitable relief including but not limited to |
11 | injunctions. If the strike involves Commonwealth employes, the |
12 | chief legal officer of the public employer or the Attorney |
13 | General where required by law shall institute an action for |
14 | equitable relief, either in the court of common pleas of the |
15 | jurisdiction where the strike has occurred or the Commonwealth |
16 | Court. |
17 | Section 3. This act shall take effect in 60 days. |
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