Pennsylvania Act 1968-111 — POLICEMEN AND FIREMEN COLLECTIVE BARGAINING ACT

Act text

POLICEMEN AND FIREMEN COLLECTIVE BARGAINING ACT
                 Act of Jun. 24, 1968, P.L. 237, No. 111              Cl. 43
                                  AN ACT

     Specifically authorizing collective bargaining between policemen
        and firemen and their public employers; providing for
        arbitration in order to settle disputes, and requiring
        compliance with collective bargaining agreements and findings
        of arbitrators.

        Compiler's Note:  Section 2 of Act 31 of 1974 provided that
            Act 111 is repealed insofar as it is inconsistent with
            the provisions of 71 Pa.C.S. section 5955 (relating to
            construction of part).

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  Policemen or firemen employed by a political
     subdivision of the Commonwealth or by the Commonwealth shall,
     through labor organizations or other representatives designated
     by fifty percent or more of such policemen or firemen, have the
     right to bargain collectively with their public employers
     concerning the terms and conditions of their employment,
     including compensation, hours, working conditions, retirement,
     pensions and other benefits, and shall have the right to an
     adjustment or settlement of their grievances or disputes in
     accordance with the terms of this act.
        Section 2.  It shall be the duty of public employers and
     their policemen and firemen employes to exert every reasonable
     effort to settle all disputes by engaging in collective
     bargaining in good faith and by entering into settlements by way
     of written agreements and maintaining the same.
        Section 3.  Collective bargaining shall begin at least six
     months before the start of the fiscal year of the political
     subdivision or of the Commonwealth, as the case may be, and any
     request for arbitration, as hereinafter provided, shall be made
     at least one hundred ten days before the start of said fiscal
     year.
        Section 4.  (a)  If in any case of a dispute between a public
     employer and its policemen or firemen employes the collective
     bargaining process reaches an impasse and stalemate, or if the
     appropriate lawmaking body does not approve the agreement
     reached by collective bargaining, with the result that said
     employers and employes are unable to effect a settlement, then
     either party to the dispute, after written notice to the other
     party containing specifications of the issue or issues in
     dispute, may request the appointment of a board of arbitration.
        For purposes of this section, an impasse or stalemate shall
     be deemed to occur in the collective bargaining process if the
     parties do not reach a settlement of the issue or issues in
     dispute by way of a written agreement within thirty days after
     collective bargaining proceedings have been initiated.
        In the case of disputes involving political subdivisions of
     the Commonwealth, the agreement shall be deemed not approved
     within the meaning of this section if it is not approved by the
     appropriate lawmaking body within one month after the agreement
     is reached by way of collective bargaining.
        In the case of disputes involving the Commonwealth, the
     agreement shall be deemed not approved within the meaning of
     this section if it is not approved by the Legislature within six
     months after the agreement is reached by way of collective
     bargaining.
        (b)  The board of arbitration shall be composed of three
     persons, one appointed by the public employer, one appointed by
     the body of policemen or firemen involved, and a third member to
     be agreed upon by the public employer and such policemen or
     firemen. The members of the board representing the public
     employer and the policemen or firemen shall be named within five
     days from the date of the request for the appointment of such
     board. If, after a period of ten days from the date of the
     appointment of the two arbitrators appointed by the public
     employer and by the policemen or firemen, the third arbitrator
     has not been selected by them, then either arbitrator may
     request the American Arbitration Association, or its successor
     in function, to furnish a list of three members of said
     association who are residents of Pennsylvania from which the
     third arbitrator shall be selected. The arbitrator appointed by
     the public employer shall eliminate one name from the list
     within five days after publication of the list, following which
     the arbitrator appointed by the policemen or firemen shall
     eliminate one name from the list within five days thereafter.
     The individual whose name remains on the list shall be the third
     arbitrator and shall act as chairman of the board of
     arbitration. The board of arbitration thus established shall
     commence the arbitration proceedings within ten days after the
     third arbitrator is selected and shall make its determination
     within thirty days after the appointment of the third
     arbitrator.
        Section 5.  Notice by the policemen or firemen involved under
     section 4 shall, in the case of disputes involving the
     Commonwealth, be served upon the Secretary of the Commonwealth
     and, in the case of disputes involving political subdivisions of
     the Commonwealth, shall be served upon the head of the governing
     body of the local governmental unit involved.
        Section 6.  Each of the arbitrators selected in accordance
     with section 4 hereof shall have the power to administer oaths
     and compel the attendance of witnesses and physical evidence by
     subpoena.
        Section 7.  (a)  The determination of the majority of the
     board of arbitration thus established shall be final on the
     issue or issues in dispute and shall be binding upon the public
     employer and the policemen or firemen involved. Such
     determination shall be in writing and a copy thereof shall be
     forwarded to both parties to the dispute. No appeal therefrom
     shall be allowed to any court. Such determination shall
     constitute a mandate to the head of the political subdivision
     which is the employer, or to the appropriate officer of the
     Commonwealth if the Commonwealth is the employer, with respect
     to matters which can be remedied by administrative action, and
     to the lawmaking body of such political subdivision or of the
     Commonwealth with respect to matters which require legislative
     action, to take the action necessary to carry out the
     determination of the board of arbitration.
        (b)  With respect to matters which require legislative action
     for implementation, such legislation shall be enacted, in the
     case of the Commonwealth, within six months following
     publication of the findings, and, in the case of a political
     subdivision of the Commonwealth, within one month following
     publication of the findings. The effective date of any such
     legislation shall be the first day of the fiscal year following
     the fiscal year during which the legislation is thus enacted.
        Section 8.  The compensation, if any, of the arbitrator
     appointed by the policemen or firemen shall be paid by them. The
     compensation of the other two arbitrators, as well as all
     stenographic and other expenses incurred by the arbitration
     panel in connection with the arbitration proceedings, shall be
     paid by the political subdivision or by the Commonwealth, as the
     case may be.
        Section 9.  The provisions of this act shall be applicable to
     every political subdivision of this Commonwealth notwithstanding
     the fact that any such political subdivision, either before or
     after the passage of this act, has adopted or adopts a home rule
     charter.
        Section 10.  If any provision of this act or the application
     thereof to any person or circumstances is held invalid, the
     remainder of this act and the application of such provision to
     other persons or circumstances, shall not be affected thereby,
     and to this end the provisions of this act are declared to be
     severable.
        Section 11.  All acts or parts of acts inconsistent herewith
     are hereby repealed.
        Section 12.  This act shall take effect immediately.