- Collective Bargaining Timeline For Act 195 Public Sector Employers
- July 7, 2012 | Author: Cory A. Iannacone
- Law Firm: Rhoads & Sinon LLP - Harrisburg Office
It is just about that time again for many public sector employers who have collective bargaining agreements expiring this year to begin gearing up for negotiations. The Public Employe Relations Act, Act 195 of 1970, sets forth the timeline for collective bargaining for public employers covered under the Act. The timeline is established based upon the employer’s budget submission date (“BSD”) and works backwards from there, requiring various actions to take place in the negotiation process at a specific number of days prior to the BSD--including notifying the Pennsylvania Bureau of Mediation (“BOM”) and the Pennsylvania Relations Board (“PLRB”)--and providing for potential fact-finding as determined by the PLRB.
While the relevant deadlines for negotiations can be difficult to decipher from the language of Act 195 itself, below is a table for a quick reference of the applicable deadlines—based upon a BSD of both December 31st and June 30th.
Days Prior to BSD
Action to Take Place
Collective Bargaining: Collective Bargaining must begin more than 170 days before BSD
Notify BOM: If no agreement after 21 days of bargaining, but not later than 150 days prior to BSD, parties must immediately notify the BOM in writing
Fact-Finding: If no agreement after 20 days of mediation, but no later than 130 days before BSD, the BOM notifies the PLRB, which “may” appoint fact-finding panel of 1 or 3 members
Fact-Finding & Recommendation Report: If no agreement, fact-finding panel must make findings of fact and recommendations, and send report to parties and PLRB no later than 40 days after BOM first notified PLRB that there was no agreement
Within 10 days of receipt of findings of fact and recommendations, each party must notify PLRB whether or not recommendations are accepted
Not less than 5 days nor more than 10 days after recommendations are published, each party must notify PLRB and each other whether or not recommendations are accepted
Budget Submission Date