Pennsylvania Act 1947-485 — PUBLIC UTILITY LABOR RELATIONS LAW

Act text

PUBLIC UTILITY LABOR RELATIONS LAW
                 Act of Jun. 30, 1947, P.L. 1161, No. 485             Cl. 43
                                  AN ACT

     To provide for the prompt, peaceful and just settlement of labor
        disputes between public utility employers engaged in
        furnishing electric, gas, water and steam heat services to
        the public and their employes which cause or threaten to
        cause strikes, lockouts, slowdowns or similar work stoppages
        and consequent interruptions in the supply of a public
        utility service on which a community served is so dependent
        that severe hardship would be inflicted on a substantial
        number of persons by a cessation of such service; providing
        procedures for the adjustment and settlement of such
        disputes; declaring that the public policy of the
        Commonwealth requires the continuation, without cessation, of
        such public utility services; and providing means, including
        regulations, affecting the rights, powers and privileges of
        employers and employes for the enforcement of such public
        policy, and providing penalties.

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

        Section 1.  That it is hereby declared to be the public
     policy of the Commonwealth of Pennsylvania that it is necessary
     and essential in the public interest to facilitate the prompt,
     peaceful and just settlement of labor disputes between public
     utility employers engaged in furnishing electric, gas, water and
     steam heat services to the public and their employes which cause
     or threaten to cause an interruption in the supply of service
     necessary to the health, safety and well being of the citizens
     of the Commonwealth of Pennsylvania, and to that end to
     encourage the making and maintaining of agreements concerning
     wages, hours and other conditions of employment through
     collective bargaining between public utility employers and their
     employes, and to provide settlement procedures for labor
     disputes between public utility employers and their employes in
     cases where the collective bargaining process has reached an
     impasse and stalemate, and as a result thereof the parties are
     unable to effect such settlement, and which labor disputes are
     likely to cause interruption of the supply of a public utility
     service on which the community so affected is so dependent that
     severe hardship would be inflicted on a substantial number of
     persons by a cessation of such service.
        Section 2.  As used in this act--
        (a)  The term "public utility" or "public utility employer"
     means a private employer subject to the jurisdiction of the
     Pennsylvania Public Utility Commission and engaged in the
     business of rendering electric, gas, water and steam heat
     services to the public in this Commonwealth.
        (b)  The term "collective bargaining" means collective
     bargaining of or similar to the kind provided for by the
     Pennsylvania Labor Relations Act, as interpreted by the
     decisions of the courts in this Commonwealth.
        Section 3.  It shall be the duty of public utility employers
     and their employes, engaged in operating public utility
     services, to exert every reasonable effort to settle all labor
     disputes by engaging in collective bargaining in good faith and
     by entering into agreement and maintaining the same.
        Section 4.  Within sixty days after this act becomes
     effective, the Governor shall appoint a panel of arbitration
     consisting of twelve persons selected from a roster of
     recommendations received from a Labor-Management Advisory
     Committee appointed by him and having thereon equal
     representation from labor and management. The number and terms
     of the members of said Advisory Committee shall be fixed by the
     Governor. The Governor shall keep such panel, revised at all
     times and available for services, under the provisions of this
     act. Each person appointed on said panel shall be a resident of
     the Commonwealth of Pennsylvania possessing, in the judgment of
     the Governor, the requisite experience and judgment to qualify
     him to capably and fairly deal with labor dispute problems.
     Appointments on the panel of arbitration shall be made without
     consideration of political affiliation. Each appointee shall
     take an oath or affirmation to perform honestly and to the best
     of his ability the duties of arbitrator. Any appointee may be
     removed by the Governor at any time or may resign his position
     at any time by notice in writing to the Governor. Any vacancy on
     the panel shall be filled by the Governor within thirty days
     after the vacancy occurs. Arbitrators shall receive no
     compensation except for their services as such, as hereinafter
     provided in this act.
        Section 5.  If in any case of a labor dispute between a
     public utility employer and its employes, the collective
     bargaining process reaches an impasse and stalemate, with the
     result that the employer and employes are unable to effect a
     settlement, then either party to the dispute or the Pennsylvania
     Labor Relations Board may request the Governor, in writing, to
     appoint a mediator. Upon the filing of any such request, the
     Governor shall consider the same, and if in his opinion, the
     collective bargaining process has failed and such dispute, if
     not settled, is likely to cause the interruption of the supply
     of a public utility service on which a community is so dependent
     that severe hardship would be inflicted on a substantial number
     of persons by a cessation of such service, the Governor shall
     appoint a mediator from among the mediators employed by the
     Department of Labor and Industry to attempt to effect a
     settlement of such labor dispute.
        Section 6.  The mediator so named shall expeditiously meet
     with the disputing parties or their representatives and shall
     exert every reasonable effort to effect a prompt settlement of
     the labor dispute. After the appointment of a mediator by the
     Governor, as provided for in section 5 hereof, there shall be no
     interruption of work and no strikes or slowdowns by employes,
     and there shall be no lockout or other work stoppage by the
     employer, until such time as all of the procedure provided for
     in this act has been exhausted, or during the effective period
     of any order issued by a board of arbitration pursuant to the
     provisions of this act, unless the Governor shall determine that
     failure to settle the dispute would not cause severe hardship to
     be inflicted on a substantial number of persons.
        Section 7.  If the mediator, appointed by the Governor, is
     satisfied that the labor dispute cannot be settled within thirty
     (30) days of his intervention, the mediator shall within such
     time secure from, and it shall be the duty of each of the
     parties to furnish to him, a written statement of the best offer
     of each party for the settlement of the labor dispute. The
     mediator shall thereupon make a report to the Governor who shall
     require the Pennsylvania Labor Relations Board forthwith to
     conduct an election among all of the employes in the bargaining
     unit involved in the labor dispute on the question "Shall the
     employer's offer be accepted?" Such election shall be by secret
     ballot. If a majority of those voting on the question shall vote
     in favor of accepting the offer, then such offer shall become
     effective, and if the same involves a dispute relating to wages,
     hours or other conditions of employment that should be adjusted
     by collective bargaining, the effective period shall date from
     the date of the appointment of the mediator by the Governor and
     shall continue effective for one year from that date. In default
     of a majority vote in favor of accepting the offer the vote
     shall constitute a vote in favor of arbitration.
        A full statement of the offer as made by each party shall be
     furnished simultaneously to each eligible voter at such election
     and to the employer or his representative.
        Section 8.  If a majority of those voting at the election
     provided for in section 7 of this act shall have voted against
     the offer as made and if the offer made to the employer is
     likewise rejected, then it shall become the duty of the parties
     to the labor dispute to submit the labor dispute to an
     arbitrator or a board of arbitration, as may be provided for in
     any agreement between the parties to the labor dispute, or if no
     such arbitration is provided for, the labor dispute continuing,
     the Governor shall promptly appoint a board of arbitration
     composed of three members of the panel constituted in accordance
     with the provisions of this act to hear and determine such
     dispute. A new board shall be chosen by the Governor for each
     separate labor dispute but the same board may hear any number of
     issues or grievances which are involved in any one dispute
     between the public utility employer and its employes. Members of
     such board of arbitration shall be allowed reasonable
     compensation for their services and for their expenses in an
     amount to be fixed by the Governor. Such compensation and
     expenses, including all stenographic and other expenses in
     connection with such hearings and the making of a complete
     record thereof, shall be shared equally by the parties to the
     dispute.
        Section 9.  Each party to the labor dispute shall be entitled
     to designate one representative to sit with the board of
     arbitration appointed by the Governor, but such representatives
     shall sit in an advisory capacity only and shall have no vote.
        Section 10.  The board of arbitration shall hold hearings and
     shall have power to administer oaths and compel the attention of
     witnesses by subpoena and the furnishing by the parties of such
     information as may be necessary to a determination of the issue
     or issues in dispute. Both parties to the dispute shall have the
     opportunity to be present at the hearing, by representatives and
     by counsel, and to present such oral and documentary evidence as
     the board shall deem relevant to the issue or issues in
     controversy.
        Section 11.  It shall be the duty of the arbitrators to make
     written findings of fact and to render a written decision and
     order upon the issues presented in the case. In making its
     findings the board shall consider only the issues raised by the
     offers furnished to the mediator, as provided in section 7 of
     this act, and shall not include any matter which is not
     regularly and customarily included as a matter for collective
     bargaining in the particular business. The arbitrators shall
     consider only the evidence submitted by the parties to the
     dispute. When a valid contract is in effect, defining the
     rights, duties and liabilities of the parties with respect to
     any matter in dispute, the board shall have power only to
     determine the proper interpretation and application of the
     contract involved. Where there is no contract between the
     parties, or where there is a contract, but the parties have
     begun negotiations, looking to a new contract or amendments of
     the existing contract and wage rates or other conditions of
     employment under the proposed new or amended contract are in
     dispute, the board shall consider all pertinent factors and
     shall establish rates of pay and conditions of employment
     comparable to prevalent wage rates paid and conditions of
     employment maintained for the same or similar work of workers
     exhibiting like or similar skills under the same or similar
     working conditions by public utility employers in the same
     business, if any, in the same labor market area, and if none in
     an adjoining labor market area within the Commonwealth of
     Pennsylvania, and which in addition thereto bear a generally
     comparable relationship to wage rates paid and conditions of
     employment maintained by all other employers in the same labor
     market area.
        The board shall determine in each case from the evidence
     presented what constitutes in a particular case the same labor
     market area or an adjoining labor market area.
        In establishing wage rates the board shall take into
     consideration the over-all compensation presently received by
     the employes, having regard not only to wages for time actually
     worked, but also to wages for time not worked including
     vacations, holidays and other excused time, and all benefits
     received including insurance and pensions and the continuity and
     stability of employment enjoyed by the employes.
        Section 12.  The board of arbitration shall hand down its
     findings, decision and order (hereinafter referred to as its
     order) within sixty (60) days after its appointment, unless the
     Governor for good cause shall extend said period not to exceed
     an additional sixty (60) days. The order of a majority of the
     board of arbitration shall constitute the order of the board.
     The board shall furnish to the Governor and to each of the
     parties a copy of its order. A certified copy of its order,
     together with the complete record in the case including the
     testimony, shall be filed by the board in the office of the
     prothonotary of the court of common pleas of the county wherein
     the dispute arose, or in the office of the prothonotary of the
     court of common pleas of the county where the public utility
     employer maintains its principal office.
        Unless such order is modified or vacated as provided in
     section 13 of this act, such order together with such agreements
     as the parties may themselves have reached shall become binding
     upon and shall control the relationship between the parties from
     the date such order is filed with the prothonotary of the court
     of common pleas, and shall continue effective for one year from
     that date but such order may be changed by mutual consent of the
     parties. No order of the board relative to wage and rates of pay
     shall be retroactive to a date before the date of termination of
     any contract which may have existed between the parties, and if
     there was no such contract to a date before the date on which
     the Governor appointed a mediator in the labor dispute.
        Section 13.  Either party to the labor dispute may petition
     for review of such order on any of the following grounds that--
        (a)  The order was procured by corruption, fraud or unlawful
     means.
        (b)  There was evident partiality or corruption on the part
     of the arbitrators or any of them.
        (c)  The arbitrators refused to postpone the hearing upon
     sufficient cause shown, or did not give the parties a reasonable
     opportunity to be heard, or refused to hear evidence pertinent
     and relevant to the controversy.
        (d)  The arbitrators exceeded their powers or so imperfectly
     executed them that a final and definite order upon the subject
     matter was not made.
        (e)  There was an evident material miscalculation of figures,
     or an evident mistake in the description of any person, thing or
     property referred to in the order.
        (f)  The arbitrators had ordered upon a matter not submitted
     to them, unless it was a matter not affecting the merits of the
     decision.
        (g)  The order is imperfect in matter of form, not affecting
     the merits of the controversy.
        (h)  The order is unreasonable in that it is not supported by
     the evidence.
        The order of any court sustaining or modifying the order
     appealed from, and from which no further appeal is taken, shall
     become binding and shall control the relationship between the
     parties from the date that the original order of the board of
     arbitration has been filed with the prothonotary of the court of
     common pleas, and shall remain effective for one year from that
     date unless changed by mutual consent of the parties to the
     proceedings. If the order of any court vacates the order
     appealed from, and no further appeal is taken, then the Governor
     may either attempt further efforts to mediate the controversy or
     appoint another board of arbitration, in the event the parties
     do not first agree to engage in further collective bargaining,
     to settle such labor dispute.
        Any such second arbitration board shall consider the evidence
     taken by the first board and such additional evidence as may be
     presented by the parties to the labor dispute. The order of any
     second board of arbitration shall supersede the preceding order
     and shall be filed in the court and be subject to review as in
     this act provided.
        (13 repealed in part Apr. 28, 1978, P.L.202, No.53)
        Section 14.  It shall be unlawful for any group of employes
     acting in concert to call a strike, or to go out on strike, or
     to cause any work stoppage or slowdown in violation of the
     provisions of this act. It shall be unlawful for any employer to
     lockout his employe in violation of the provisions of this act.
     It shall be unlawful for any person, association or corporation
     to instigate, induce, conspire with or encourage any person or
     persons to engage in any strike, lockout, slowdown or work
     stoppage in violation of the provisions of this act. Any
     violation of the provisions of this act shall constitute a
     misdemeanor, and upon conviction thereof, the person,
     association or corporation shall be sentenced to pay a fine of
     not less than five hundred ($500) dollars or more than twenty-
     five hundred ($2,500) dollars, or suffer imprisonment for not
     more than six months, or both. In the case of violation by
     associations and corporations, the penalty by imprisonment may
     be imposed upon the representatives or officers thereof
     responsible for such violation.
        Section 15.  Any person adversely affected by reason of a
     violation of the provisions of this act may file an action in
     the court of common pleas of the county in which such violation
     occurs to restrain and enjoin such violation and to compel the
     performance of duties imposed by this act.
        (15 repealed in part Apr. 28, 1978, P.L.202, No.53)
        Section 16.  Nothing in this act shall be construed to
     require an individual employe to render labor or service without
     his consent or to make unlawful the quitting of his labor or
     service or the withdrawal from his place of employment, unless
     done in concert or in agreement with others and in violation of
     the provisions of this act. No court shall have power to issue
     any process to compel an individual employe to render labor or
     service or to remain at his place of employment without his
     consent. It is the intent of this act only to forbid employes to
     leave their employment in concert or to cause a work slowdown or
     stoppage in concert in violation of the provisions of this act
     and to forbid an employer to lockout his employes in violation
     of the provisions of this act.
        Section 17.  All acts and parts of acts inconsistent with
     this act are hereby repealed.