Bill Text: PA HB1271 | 2009-2010 | Regular Session | Introduced

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Bill Title: Adding law enforcement officers of limited jurisdiction as an additional category of covered employee.

Spectrum: Slight Partisan Bill (Republican 8-4)

Status: (Introduced - Dead) 2009-04-16 - Referred to LABOR RELATIONS [HB1271 Detail]

Download: Pennsylvania-2009-HB1271-Introduced.html

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PRINTER'S NO. 1506
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1271 Session of2009
INTRODUCED BY DALLY, CREIGHTON, GINGRICH, HENNESSEY, MOUL, MURT, SCAVELLO, SIPTROTH, SOLOBAY AND YOUNGBLOOD, APRIL 16, 2009
REFERRED TO COMMITTEE ON LABOR RELATIONS, APRIL 16, 2009
AN ACT
Amending the act of July 23, 1970 (P.L.563, No.195), entitled
"An act establishing rights in public employes to organize
and bargain collectively through selected representatives;
defining public employes to include employes of nonprofit
organizations and institutions; providing compulsory
mediation and fact-finding, for collective bargaining
impasses; providing arbitration for certain public employes
for collective bargaining impasses; defining the scope of
collective bargaining; establishing unfair employe and
employer practices; prohibiting strikes for certain public
employes; permitting strikes under limited conditions;
providing penalties for violations; and establishing
procedures for implementation," adding law enforcement
officers of limited jurisdiction as an additional category of
covered employee.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 301 of the act of July 23, 1970 (P.L.563,
No.195), known as the Public Employe Relations Act, is amended
by adding a definition to read:
Section 301. As used in this act:
* * *
(20) "Law enforcement officer of limited jurisdiction" means
any of the following:
(i) A public employe who has the power and authority to
arrest under:
(A) section 10(ee) or (ff) of the act of May 28, 1937
(P.L.955, No.265), known as the "Housing Authorities Law";
(B) section 27 of the act of August 6, 1941 (P.L.861,
No.323), referred to as the Pennsylvania Board of Probation and
Parole Law; or
(C) section 211 of the act of April 12, 1951 (P.L.90,
No.21), known as the "Liquor Code."
(ii) A public employe:
(A) whose principal duty is narcotics or criminal
investigation within this Commonwealth; and
(B) whose power and duty to arrest is authorized by the
Attorney General under section 201(c) of the act of October 15,
1980 (P.L.950, No.164), known as the "Commonwealth Attorneys
Act."
(iii) A public employe:
(A) whose principal duty is to enforce the laws of this
Commonwealth on military installations under the authority of
the Adjutant General of the Pennsylvania National Guard; and
(B) whose power and duty to arrest is authorized under
section 2416 of the act of April 9, 1929 (P.L.177, No.175),
known as "The Administrative Code of 1929."
(iv) A public employe who has the power and authority to
arrest under section 1 of the act of August 6, 1963 (P.L.521,
No.277), entitled "An act providing that probation officers
shall have the power of peace officers in the performance of
their duties."
(v) A public employe who has police powers under:
(A) 22 Pa.C.S. § 3301 (relating to appointment).
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(B) 53 Pa.C.S. § 5607(d)(26) (relating to purposes and
powers).
(C) 74 Pa.C.S. § 5903 (relating to authority of department).
Section 2. Sections 604, 805 and 1001 of the act are amended
to read:
Section 604. The board shall determine the appropriateness
of a unit which shall be the public employer unit or a
subdivision thereof. In determining the appropriateness of the
unit, the board shall:
(1) Take into consideration but shall not be limited to the
following: (i) public employes must have an identifiable
community of interest, and (ii) the effects of over-
fragmentization.
(2) Not decide that any unit is appropriate if such unit
includes both professional and nonprofessional employes, unless
a majority of such professional employes vote for inclusion in
such unit.
(3) Not permit guards at prisons and mental hospitals, law
enforcement officers of limited jurisdiction, employes directly
involved with and necessary to the functioning of the courts of
this Commonwealth, or any individual employed as a guard to
enforce against employes and other persons, rules to protect
property of the employer or to protect the safety of persons on
the employer's premises to be included in any unit with other
public employes, each may form separate homogenous employe
organizations with the proviso that organizations of the latter
designated employe group may not be affiliated with any other
organization representing or including as members, persons
outside of the organization's classification.
(4) Take into consideration that when the Commonwealth is
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the employer, it will be bargaining on a Statewide basis unless
issues involve working conditions peculiar to a given
governmental employment locale. This section, however, shall not
be deemed to prohibit multi-unit bargaining.
(5) Not permit employes at the first level of supervision to
be included with any other units of public employes but shall
permit them to form their own separate homogenous units. In
determining supervisory status the board may take into
consideration the extent to which supervisory and nonsupervisory
functions are performed.
Section 805. Notwithstanding any other provisions of this
act where representatives of units of guards at prisons or
mental hospitals, law enforcement officers of limited
jurisdiction or units of employes directly involved with and
necessary to the functioning of the courts of this Commonwealth
have reached an impasse in collective bargaining and mediation
as required in section 801 of this article has not resolved the
dispute, the impasse shall be submitted to a panel of
arbitrators whose decision shall be final and binding upon both
parties with the proviso that the decisions of the arbitrators
which would require legislative enactment to be effective shall
be considered advisory only.
Section 1001. Strikes by guards at prisons or mental
hospitals, law enforcement officers of limited jurisdiction or
employes directly involved with and necessary to the functioning
of the courts of this Commonwealth are prohibited at any time.
If a strike occurs the public employer shall forthwith initiate
in the court of common pleas of the jurisdiction where the
strike occurs, an action for appropriate equitable relief
including but not limited to injunctions. If the strike involves
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Commonwealth employes, the chief legal officer of the public
employer or the Attorney General where required by law shall
institute an action for equitable relief, either in the court of
common pleas of the jurisdiction where the strike has occurred
or the Commonwealth Court.
Section 3. This act shall take effect in 60 days.
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