Section 215.1 - Definitions; arbitration panels; adjustment of grievances through negotiation; powers and duties of governorAs 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 of 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.
1947, June 30, P.L. 1183, No. 492, § 1. Amended 1953, Aug. 26, P.L. 1474, No. 432, § 1; 1955, Dec. 15, P.L. 871, No. 261, § 1; 1959, Dec. 30, P.L. 2052, No. 749, § 1. Affected 1978, April 28, P.L. 202, No. 53, § 2(a) [1256], effective 6/27/1978.