Current through Pa Acts 2024-53, 2024-56 through 2024-92
Section 11701.408 - Collective bargaining agreements; furlough of employees; disputes(a)Collective bargaining contracts, agreements or arbitration settlements.--A collective bargaining agreement or contract in existence in a municipality or an arbitration settlement in effect in a municipality prior to a consolidation or merger shall remain effective after consolidation or merger until the contract, agreements or settlements expire. After the expiration of the contracts, agreements or settlements, a subsequent collective bargaining agreement, contract or settlement shall not impair the implementation of a plan adopted pursuant to this act.(b)Reduction in existing work force.--Subsequent to consolidation or merger, the consolidated or merged municipality may, in accordance with existing contracts or arbitration settlement provisions and consistent with applicable laws, reduce the number of uniformed and nonuniformed employees to avoid overstaffing and duplication of positions in the consolidated or merged municipality. If a consolidated or merged municipality determines in its discretion that it is necessary to increase the number of uniformed or nonuniformed employees, employees of the constituent municipalities shall be reinstated in the order of their seniority if they had been previously furloughed.(c)Disputes.--The Pennsylvania Labor Relations Board shall have jurisdiction to determine labor disputes or controversies, except those arising out of interpretation or construction of a collective bargaining agreement containing provision for binding arbitration, between the consolidated or merged municipality and its employees.(d)Effect on existing law.--Nothing in this section shall prohibit a consolidated or merged municipality from exercising its powers and responsibilities pursuant to provisions of law related to collective bargaining, including, but not limited to, the act of June 24, 1968 (P.L. 237, No. 111), referred to as the Policemen and Firemen Collective Bargaining Act, and the act of July 23, 1970 (P.L. 563, No. 195), known as the Public Employe Relations Act. 1987, July 10, P.L. 246, No. 47, § 408, effective in 60 days. Amended 2012, July 5, P.L. 1104, No. 133, § 3, effective in 60 days [Sept. 4, 2012].