act-1947-0-492•Pennsylvania Act 1947-492 — PUBLIC EMPLOYE ANTI-STRIKE LAW
Pennsylvania Act 1947-492 — PUBLIC EMPLOYE ANTI-STRIKE LAW
act-1947-0-4921947 Pa. Act 492Law
Act text
PUBLIC EMPLOYE ANTI-STRIKE LAW
Act of Jun. 30, 1947, P.L. 1183, No. 492 Cl. 43
AN ACT
Relating to strikes by public employes; prohibiting such
strikes; providing that such employes by striking terminate
their employment; providing for reinstatement under certain
conditions; providing for a grievance procedure; and
providing for hearings before civil service and tenure
authorities, and in certain cases before the Pennsylvania
Labor Relations Board.
Compiler's Note: Section 2201 of Act 195 of 1970 provided
that Act 492 is repealed insofar as it relates to those
public employees covered by Act 492, and any penalties or
other limitations currently in force or presently pending
against any public employees shall be deemed null and
void.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. As used in this act--
(a) The term "public employe" includes all persons holding a
position by appointment or employment in the government of the
Commonwealth of Pennsylvania, or under any of its agencies,
boards, commissions or other branches, or in the government of
any political subdivision of the Commonwealth, or any authority,
or in the public school system.
(b) The word "strike" means the failure to report for duty,
the wilful absence from one's position, the stoppage of work or
the abstinence in whole or in part from the full, faithful and
proper performance of the duties of employment for the purpose
of inducing, influencing or coercing a change in the conditions
or compensation or the rights, privileges or obligations of
employment: Provided, however, That nothing contained in this
act shall be construed to limit, impair or affect the right of
any public employe to the expression or communication of a view,
grievance, complaint or opinion on any matter related to the
conditions or compensation of public employment, or the
betterment thereof, so long as the same is not designed to and
does not interfere with the full, faithful and proper
performance of the duties of employment; nor to limit, impair or
affect the right of any such employe to attend meetings,
conferences or hearings, relating to such matters, so long as
such attendance is not designed to interfere with the full,
faithful and proper performance of the duties of employment for
the further purpose of equitably carrying out the provisions of
this act. In order to avoid or minimize any possible
controversies by making available full and adequate governmental
facilities for the adjustment of grievances, the governmental
agency involved, at the request of the public employes, shall,
within fifteen (15) days of such request, set up a panel of
three members, one to be selected by the employes, one by the
governmental agency, and the two so selected to select a third
member. If, within fifteen (15) days of their selection, the two
members selected by the governmental agency and the employes
involved are unable to agree on the third member of the panel,
either the governmental agency or the public employes may
petition the Court, if the controversy involves the Commonwealth
of Pennsylvania, its agencies, boards, commissions, or any of
its authorities, to select the third member of the panel. Upon
receipt of such a petition, the proper court shall select the
third member. The members of the panel shall be compensated for
all necessary expenses by the Commonwealth, or the political
subdivision thereof, or the authority involved. The panel shall
meet within fifteen (15) days. If the grievance can be adjusted
through negotiation and informal conferences between the various
parties, it shall be so adjusted. If the conference negotiations
do not result in rulings satisfactory to all parties concerned
within thirty (30) days of a request made for a hearing by any
of the parties concerned, the panel shall afford the public
employes and the governmental agency a full hearing. Within
thirty (30) days of the close of such hearing, the panel shall
make their findings, copy of which shall be forthwith sent to
the Governor, to the General Assembly, and to the head of the
agency, or political subdivision involved. Upon receipt of the
findings of the panel, the Governor or the head of the State
agency or political subdivision involved shall take the proper
administrative measures consistent with rules, regulations and
policies established by the Governor, the Executive Board and
the Civil Service Commission, to comply with the findings of the
panel. If the Governor or the head of the State agency or
political subdivision finds that the situation complained of can
only be remedied by legislative action, the Governor shall refer
the matter to the Legislature for correction, or the head of the
State agency or political subdivision shall refer the matter to
the proper law-making body. If the members of the panel decide
that legal counsel is necessary they may, with the approval of
the Attorney General, engage local counsel to advise them on the
questions involved. In the case of grievances or controversies
involving professional employes of the public school system of
the Commonwealth, the school board or Board of Public Education,
at the request of the employes, shall set up a panel of three
members, one an employe of the school district to be selected by
the employes, one a member of the board of school directors or
Board of Public Education to be selected by such body, and the
third shall be the State Superintendent of Public Instruction,
or his nominee. The members of the panel shall serve without
compensation, but shall receive all necessary traveling
expenses, which shall be paid by the school district or Board of
Public Education involved.
In the case of grievances or controversies involving employes
other than professional employes of the public school system of
the Commonwealth, the school board or board of public education,
at the request of the employes, shall set up a panel of three
members, one to be selected by such employes, one to be selected
by the Board of School Directors or Board of Public Education
and the two so selected to select a third member. The panel
shall meet within fifteen (15) days and shall consider all
grievances submitted to it by the authorized representatives of
such employes. The members of the panel shall serve without
compensation but shall receive all necessary traveling expenses
which shall be paid by the school district involved. ((b)
amended Dec. 30, 1959, P.L.2052, No.749 and repealed in part
Apr. 28, 1978, P.L.202, No.53)
Compiler's Note: Section 504 of Act 164 of 1980 provided
that subsec. (b) is repealed insofar as it is
inconsistent with Act 164.
Compiler's Note: Section 508(a) of Act 223 of 1970 provided
that the jurisdiction of the courts named in section 1 is
transferred to and vested in the Commonwealth Court and
provided that section 1 is repealed insofar as it relates
to the Court of Common Pleas of Dauphin County.
Compiler's Note: Section 14(a) of Act 185 of 1969 provided
that the jurisdiction of the courts named in section 1 is
vested in the Commonwealth Court and provided that
section 1 is repealed insofar as it relates to the Court
of Common Pleas of Dauphin County.
Section 2. No public employe shall strike and no person
exercising any authority, supervision or direction over any
public employe shall have the power to authorize, approve or
consent to a strike by one or more public employes.
Section 3. Notwithstanding any other provision of law, any
public employe who violates the provisions of this act shall
thereby abandon and terminate his appointment or employment and
shall no longer hold such job or position, or be entitled to any
of the rights or emoluments thereof, except if appointed,
reappointed, employed or re-employed as hereinafter provided.
Section 4. Notwithstanding any other provision of law, a
person violating the provisions of this act may, subsequent to
such violation be appointed or reappointed, employed or re-
employed as a public employe but only upon the following
conditions:
(a) His compensation shall in no event exceed that received
by him immediately prior to the time of such violation,
(b) The compensation of such person shall not be increased
until after the expiration of three years from such appointment
or reappointment, employment or reemployment, and
(c) Such person shall be on probation for a period of five
years following such appointment or reappointment, employment or
re-employment, during which period he shall serve without tenure
and at the pleasure of the appointing officer or body.
Section 5. Notwithstanding the provisions of any other law,
any person holding such a position who, without the lawful
approval of his superior, fails to report for duty or otherwise
absents himself from his position or abstains, in whole or in
part, from the full, faithful and proper performance of his
position shall be deemed on strike: Provided, That such person,
upon request, shall be entitled to establish that he did not
violate the provisions of this act. Such request must be filed
in writing within ten days after regular compensation of such
employe has ceased. In the case of a public employe who is
entitled by law to a hearing upon dismissal or removal, such
written request shall be filed with the officer or body having
power to remove such employe, and such officer or body shall
within ten days conduct a hearing to determine whether the
provisions of this act have been violated by such public employe
in the manner provided by law, appropriate to a proceeding to
dismiss or remove such public employe. In the case of a public
employe who is not entitled by law to a hearing upon dismissal
or removal, the request for a hearing shall be filed with the
Pennsylvania Labor Relations Board which shall, within ten days,
conduct a hearing to determine whether the provisions of this
act have been violated by such public employe in the manner
provided for hearings before the board by the Pennsylvania Labor
Relations Act. All such proceedings shall be undertaken without
unnecessary delay.
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