Pennsylvania Act 1967-288 — EMPLOYEES OF TRANSPORTATION AUTHORITIES - THIRD CLASS CITIES

Act text

EMPLOYEES OF TRANSPORTATION AUTHORITIES - THIRD CLASS CITIES
                 Act of Nov. 27, 1967, P.L. 628, No. 288              Cl. 11
                                  AN ACT

     Protecting the rights of employes of existing transportation
        systems which are acquired by cities of the third class or
        any authority thereof or certain joint authorities; requiring
        cities of the third class or any authority thereof or any
        such joint authority to enter into contracts with labor
        organizations acting for such employes, and providing for
        arbitration in case of disputes.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  (a) If any city of the third class or any
     authority thereof or any joint authority formed to provide
     transportation service within the city and its surrounding
     environs, hereinafter referred to as joint authority, acquires
     an existing transportation system, such of the employes of such
     transportation system, except executive and administrative
     officers, as are necessary for the operation thereof by the city
     of the third class, or any authority thereof or joint authority,
     shall be transferred to and appointed as employes of the city of
     the third class, authority thereof or joint authority. These
     employes shall be given seniority credit and sick leave,
     vacation, insurance and pension credits in accordance with the
     records or labor agreements from the acquired transportation
     system. Members and beneficiaries of any pension or retirement
     system or other benefits established by the acquired
     transportation system shall continue to have rights, privileges,
     benefits, obligations and status with respect to such
     established system. The city of the third class, authority
     thereof or joint authority, shall assume the obligations of any
     transportation system acquired by it with regard to wages,
     salaries, hours, working conditions, sick leave, health and
     welfare and pension or retirement provisions for employes. It
     shall assume the provisions of any collective bargaining
     agreement between such acquired transportation system and the
     representatives of its employes. The city of the third class,
     authority thereof or joint authority, and the employes through
     their representatives for collective bargaining purposes, shall
     take whatever action may be necessary to have pension trust
     funds presently under the joint control of the acquired
     transportation system and the participating employes through
     their representatives transferred to the trust fund to be
     established, maintained and administered jointly by the city of
     the third class, authority thereof or joint authority, and the
     participating employes through their representatives.
        (b)  No employe of any acquired transportation system who is
     transferred to a position with the city of the third class,
     authority thereof or joint authority, shall by reason of such
     transfer be placed in any worse position with respect to
     workmen's compensation, pension, seniority, wages, sick leave,
     vacation, health and welfare insurance, or any other benefits
     than he enjoyed as an employe of such acquired transportation
     system.
        (c)  Employes who have left the employ of any acquired
     transportation system or leave the employe of the city of the
     third class, authority thereof or joint authority, to enter the
     military service of the United States shall have such re-
     employment rights with the city of the third class, authority
     thereof or joint authority, as may be granted under any law of
     the United States or the Commonwealth of Pennsylvania.
        (d)  The city of the third class, authority thereof or joint
     authority, through its boards shall deal with and enter into
     written contracts with the employes of the city of the third
     class, authority thereof or joint authority, through accredited
     representatives of such employes or representatives of any labor
     organization authorized to act for such employes concerning
     wages, salaries, hours, working conditions and pension or
     retirement provisions.
        In case of any labor dispute where collective bargaining does
     not result in agreement the city of the third class, authority
     thereof or joint authority, shall offer to submit such dispute
     to arbitration by a board composed of three persons, one
     appointed by the city of the third class, authority thereof or
     joint authority, one appointed by the labor organization
     representing the employes, and a third member to be agreed upon
     by the labor organization and the city of the third class,
     authority thereof or joint authority. The member selected by the
     labor organization and the city of the third class, authority
     thereof or joint authority, shall act as chairman of the board.
     The determination of the majority of the board of arbitration
     thus established shall be final and binding on all matters in
     dispute. If after a period of ten days from the date of the
     appointment of the two arbitrators representing the city of the
     third class, authority thereof or joint authority and the labor
     organization, the third arbitrator has not been selected then
     either arbitrator may request the American Arbitration
     Association to furnish a list of five persons from which the
     third arbitrator shall be selected. The arbitrators appointed by
     the city of the third class, authority thereof or joint
     authority and the labor organization, promptly after the receipt
     of such list, shall determine by lot the order of elimination
     and thereafter each shall in that order alternately eliminate
     one name until only one name remains. The remaining person on
     the list shall be the third arbitrator. The term "labor dispute"
     shall be broadly construed and shall include any controversy
     concerning wages, salaries, hours, working conditions or
     benefits including health and welfare, sick leave, insurance or
     pension or retirement provisions, but not limited thereto, and
     including any controversy concerning any differences or
     questions that may arise between the parties including but not
     limited to the making or maintaining of collective bargaining
     agreements, the terms to be included in such agreements and the
     interpretation or application of such collective bargaining
     agreements and any grievances that may arise. Each party shall
     pay one-half of the expenses of such arbitration.
        (e)  As used in this act the term "transportation system"
     shall mean all property, real and personal, useful for the
     transportation of passengers for hire including but not limited
     to power plants, substations, terminals, garages, bridges,
     tunnels, subways, monorails, railroad motive power trains,
     railroad passenger cars and equipment, belt conveyors, inclines,
     car barns, street cars, buses, rails, lines, poles, wires, off-
     street parking facilities as well as the franchises right and
     licenses therefor: Provided, That such term shall not include
     taxicabs or bus companies the main purpose of which is the
     transportation of children to and from school.