71 Pa. Stat. § 371

Current through P.A. Acts 2023-32
Section 371 - Collective bargaining (Adm. Code Section 1321)
(a) School administrators employed by a city of the first class shall, through labor organizations or other representatives designated by fifty per centum (50%) or more of such school administrators, have the right to bargain collectively with their public employers concerning the terms and conditions of their employment, including compensation, hours, working conditions 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 section. The Pennsylvania Labor Relations Board shall resolve disputes as to the items under this subsection in the same manner as it resolves disputes under the act of July 23, 1970 (P.L. 563, No. 195), known as the "Public Employe Relations Act."
(b) It shall be the duty of the public employers and their school administrator employes 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.
(c) Collective bargaining shall begin at least six months before the start of the fiscal year of cities of the first class, and any request for arbitration, as provided in this section, shall be made at least one hundred ten (110) days before the start of the fiscal year.
(d) If in any case of a dispute between a public employer and its school administrator employes the collective bargaining process reaches an impasse and stalemate, with the result that 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 (30) days after collective bargaining proceedings have been initiated.
(e) The board of arbitration shall be composed of three persons, one appointed by the public employer, one appointed by the body of school administrators involved and a third member to be agreed upon by the public employer and such school administrators. The members of the board representing the public employer and the school administrators shall be named within five (5) days from the date of the request for the appointment of the board. If after a period of ten (10) days from the date of the appointment of the two arbitrators appointed by the public employer and the school administrators 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 the association who are residents of this Commonwealth from which the third arbitrator shall be selected. The arbitrator appointed by the public employer shall eliminate one name from the list within five (5) days after publication of the list, following which the arbitrator appointed by the school administrators shall eliminate one name from the list within five (5) 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 (10) days after the third arbitrator is selected and shall make its determination within thirty (30) days after the appointment of the third arbitrator.
(f) Notice by the school administrators involved under subsection (e) of this section shall be served upon the Secretary of Education.
(g) Each of the arbitrators selected in accordance with subsection (e) of this section shall have the power to administer oaths and compel the attendance of witnesses and physical evidence by subpoena.
(h) 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 school administrators involved. The 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. The determination shall constitute a mandate to the superintendent of schools in cities of the first class, with respect to matters which can be remedied by administrative action, to take the action necessary to carry out the determination of the board of arbitration.
(i) The compensation, if any, of the arbitrator appointed by the school administrators shall be paid by them. The compensation of the other two arbitrators, as well as stenographic and other expenses incurred by the arbitration panel in connection with the arbitration proceedings, shall be paid by the school district in cities of the first class.
(j) School administrators shall be subject to the prohibitions as set forth in the act of June 30, 1947 (P.L. 1183, No. 492), referred to as the Public Employe Anti-Strike Law.
(k) The provisions of this section shall be applicable to cities of the first class, notwithstanding the fact that such cities of the first class, either before or after the effective date of this section, have adopted or adopt a home rule charter.
(l) As used in this section, the term "school administrator" shall mean all supervisory and administrative employes of a school district below the rank of superintendent, district superintendent, executive director, associate superintendent, assistant superintendent or assistant executive director, but including those persons having the rank of first level supervisor.

71 P.S. § 371

1929, April 9, P.L. 177, No. 175, art. XIII, § 1321, added 1996, July 11, P.L. 619, No. 105, § 4, imd. effective. Amended 1997, Nov. 26, P.L. 530, No. 57, § 12, imd. effective; 2003, Dec. 23, P.L. 282, No. 47, § 9, imd. effective.