A recent Final Order issued by the Pennsylvania Labor Relations Board (PLRB) has emphasized the importance of parties who are engaged in collective bargaining complying with mandatory timelines set forth in Act 195. Act 195, passed in 1970, provides public sector employees with the right to unionize. One group of employees covered by the Act are court-related and court-appointed employees. These employees, unlike some other public employees, are not allowed to strike. Alternatively, after reaching an impasse in negotiations, they are required to engage in a mediation process and, if unsuccessful in reaching settlement, an interest arbitration process. In this format, a neutral arbitrator is appointed to issue an award containing the terms and conditions of a new collective bargaining agreement.
Before the arbitration takes place, the parties are mandated to engage in negotiations at and for a specific time before requesting that a neutral arbitrator be appointed. In this recent case, the parties did not complete the mandated period of negotiations before the union requested arbitration. In the opinion of the PLRB, the parties must notify the Bureau of Mediation on a specific date prior to the employer’s budget submission date that a dispute concerning wages, hours, or working conditions exists. Once that is accomplished, the Bureau of Mediation assigns a mediator to assist the parties in their negotiations. The next timetable begins when a meeting occurs in the presence of the mediator, and negotiations must continue for 20 days before a request for the assignment of an interest arbitrator can be made, which must be made no less than 130 days prior to the employer’s budget submission date.
In this case, the union requested the appointment of an interest arbitrator on the same day they first met in negotiations with the assigned mediator. Therefore, the request was premature and was denied by the PLRB.
Parties engaged in public sector bargaining must be aware of, and comply with, mandatory, statutory timetables set forth in Act 195. Failure to do so may have serious legal consequences.
For further information on this topic, or questions about the timetables which apply to your situation, call Noah Jordan at 412-720-9586.