Pennsylvania Act 88 (1992)
From Sunshine Review
Pennsylvania Act 88 of 1992 created the rules currently governing school-union negotiations within the Commonwealth and set limits on the duration of strikes.[1] In these respects Act 88 replaced Pennsylvania Act 195.
As a matter of law, however, Act 88 did not amend Act 195. It instead shifted various provisions governing collective bargaining in public schools into the Public School Code of 1949 (P.L. 30, No. 14).[2] Therefore, the provisions of Act 88 must be read in conjunction with those of Act 195.[3]
The most important change created by Act 88 is a limit on the legal duration of any public school strike. , as Act 195 set no such limit. Act 88 does this by requiring teachers to work at least 180 classroom days. These are days in which students are present, excluding days for in-service training or parent-teacher conferences between the start of classes at the beginning of a school year and June 30 of the following calendar year. As a result strikes called at the beginning of a school year may extend for several weeks before teachers are required to return to their classrooms. Strikes called near the end of the school year are likely to be limited to a few days because all possible make-up days, such as holidays or teacher in-service days have already passed.
[edit] Changes set by Act 88
Among the other changes set by Act 88 are the following.
- A mandatory time line for bargaining.
- Selective strikes prohibited.
- A 48-hour advance written notice of any legally authorized strike.
- Either party authorized to initiate fact-finding under rules established by the Pennsylvania Labor Relations Board.
- Voluntary non-binding arbitration established as a new impasse procedure.
Act 88 substantially reduced the annual number of school strikes in Pennsylvania, but it has not eliminated them. Critics point out that following its provisions will not necessarily lead to agreement on a contract at any point in time. That is, if boards and unions cannot agree during a school year, negotiations must continue in following years, during which strikes can also occur.
[edit] References
- ↑ Pennsylvania Act 88 (1992) text
- ↑ Pennsylvania School Code of 1949
- ↑ Pennsylvania School Boards Association, Public School Negotiations; A Complete Guide to Collective Bargaining in Pennsylvania Public Education (PSBA, 1993).
