Pennsylvania SB 339: An Act providing for notice and disclosure of proposed collective bargaining agreements and related documents and for open records.

Bill Text

2019-2020 Regular Session SB 339 PN 0326 Bill Text (HTM) 

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PRINTER'S NO. 326 

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL 

No.

339 

Session of 

2019 

INTRODUCED BY STEFANO, SCARNATI, AUMENT, DiSANTO, FOLMER, 

HUTCHINSON, MARTIN, PHILLIPS-HILL AND J. WARD, 

FEBRUARY 27, 2019 

REFERRED TO STATE GOVERNMENT, FEBRUARY 27, 2019 

AN ACT

Providing for notice and disclosure of proposed collective 

bargaining agreements and related documents and for open 

records.

The General Assembly of the Commonwealth of Pennsylvania 

hereby enacts as follows:

Section 1. Short title.

This act shall be known and may be cited as the Public 

Employer Collective Bargaining Transparency Act.

Section 2. Definitions.

The following words and phrases when used in this act shall 

have the meanings given to them in this section unless the 

context clearly indicates otherwise:

"Employee organization." An organization, agency, employee 

representation committee or plan in which membership includes 

public employees and which exists for the purpose, in whole or 

in part, of dealing with employers concerning grievances, 

employee-employer disputes, wages, rates of pay, hours of 

employment or conditions of work. The term does not include any 

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organization that practices discrimination in membership because 

of race, color, creed, national origin or political affiliation.

"Proposed collective bargaining agreement." Any terms of 

bargaining between a public employer and an employee 

organization covering public employee wages, benefits and 

working conditions that have been reduced to writing under 

section 701 of the act of July 23, 1970 (P.L.563, No.195), known 

as the Public Employe Relations Act.

"Public employee" or "employee." An individual employed by a 

public employer. The term does not include any of the following:

(1) Elected officials.

(2) Appointees of the Governor with the advice and 

consent of the Senate as required by law.

(3) Management-level employees.

(4) Confidential employees.

(5) Clergymen or other individuals in a religious 

profession, employees or personnel at church offices or 

facilities when utilized primarily for religious purposes.

(6) Employees covered under the act of June 24, 1968 

(P.L.237, No.111), referred to as the Policemen and Firemen 

Collective Bargaining Act.

"Public employer." As follows:

(1) The Commonwealth and its political subdivisions and 

any officer, board, commission, agency, authority or other 

instrumentality of the Commonwealth.

(2) The term does not include employers subject to the 

act of June 1, 1937 (P.L.1168, No.294), known as the 

Pennsylvania Labor Relations Act, or the National Labor 

Relations Act (49 Stat. 449, 29 U.S.C. § 151 et seq.).

Section 3. Notice of collective bargaining agreement.

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(a) Notice.--A public employer shall provide notice under 

subsection (b) prior to signing a proposed collective bargaining 

agreement. The notice shall include all of the following:

(1) A statement of the terms of the proposed collective 

bargaining agreement.

(2) An estimate of the costs to the public employer 

associated with the proposed collective bargaining agreement.

(b) Posting.--The notice required shall be posted on the 

public employer's publicly accessible Internet website beginning 

at least two weeks prior to the signing of the proposed 

collective bargaining agreement and continuing until at least 30 

days after the signing of the collective bargaining agreement. 

If a public employer does not have a publicly accessible 

Internet website, the public employer shall publish in printed 

format the required notice once at least two weeks prior to the 

signing of the proposed collective bargaining agreement and make 

the notice publicly accessible in the main office of the public 

employer.

(c) Unenforceability.--A collective bargaining agreement 

executed without providing the notice required under this 

section shall be void and unenforceable in its entirety.

Section 4. Open records.

All of the following are public records subject to the act of 

February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law:

(1) A proposed collective bargaining agreement made by a 

public employer or received by a public employer from an 

employee organization. The proposed collective bargaining 

agreement shall be posted on the public employer's publicly 

accessible Internet website within 48 hours of receipt of the 

proposed collective bargaining agreement.

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(2) Any documents that are presented by a public 

employer or received