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Pennsylvania Act 88 (1992)
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Pennsylvania Senate Bill 727 was introduced to the Pennsylvania State Senate by Sen. James Greenwood on March 18, 1991. The bill unanimously passed in the Pennsylvania State Senate on October 16, 1991, and passed in the Pennsylvania House of Representatives on December 11, 1991. The finalized version of the bill passed both chambers June 30, 1992 and was signed by Pennsylvania Governor Bob Casey Sr. on July 9, 1992. Pennsylvania Senate Bill 727 was enacted as Pennsylvania Act 88 the same day.[1]
Pennsylvania Act 88 of 1992 created the rules governing school-union negotiations within the Commonwealth and set limits on the duration of strikes.[2] 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).[3] Therefore, the provisions of Act 88 must be read in conjunction with those of Act 195.[4]
Act 88 limited the legal duration of any public school strike, whereas Act 195 set no such limit. Act 88 did so 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.
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.
See also
External links
Footnotes
- ↑ Pennsylvania General Assembly, "Senate Bill 727; Regular Session 1991-1992," accessed July 13, 2023
- ↑ Pennsylvania General Assembly, "1992 Act 88," accessed July 13, 2023
- ↑ Pennsylvania School Code of 1949
- ↑ Pennsylvania School Boards Association, Public School Negotiations; A Complete Guide to Collective Bargaining in Pennsylvania Public Education (PSBA, 1993).
