Pennsylvania Act 1947-492 — PUBLIC EMPLOYE ANTI-STRIKE LAW

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            that Act 492 is repealed insofar as it relates to those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.