Policy & Law

Policy

Commonwealth Executive Orders:

• 1980-18 Code of Conduct: establishes a code of conduct which all employees under the governor’s jurisdiction must follow. The code addresses restricted activities, conflicts of interest, financial disclosure and criminal charges.

Commonwealth Management Directives:

• 590.1 Labor Relations: establishes policy, procedures and responsibilities governing labor relations activities in state agencies.
• 590.2 Confidential Positions & Employees: establishes criteria and procedures by which agencies determine which positions are designated as “confidential,” and thus not represented by a labor organization.
• 590.3 Deduction of Union Dues/Fair Share Fees: establishes policy, procedures and responsibilities for the deduction of union dues and fair share fees.
• 590.5 Guidelines to be Followed During Legal or Illegal Strike: establishes policy and responsibilities in the event of a legal or illegal strike.
• 590.7 Labor Relations Grievance Administration: provides guidance and clarification for investigating, analyzing and responding to discipline and contract interpretation grievances (but not classification grievances).
• 590.8 Classification Grievance Processing:  provides guidance and clarification for investigating, analyzing and responding to classification grievances.
• 505.7 Personnel Rules, Chapter 4: affirms that certain commonwealth employees have the right to organize or join employee organizations for the purpose of collective bargaining.
• 540.7 Employee Performance Review: provides policy and procedures for employee performance reviews.

All commonwealth management directives.

Law

Commonwealth Law:

• Civil Service Act: governs the regulation of the civil service of certain departments and agencies of the commonwealth.
• Civil Service Rules: expands on and clarifies the policies for civil service established in the Civil Service Act.
• Policeman's and Fireman's Collective Bargaining Act of 1968 (Act 111): authorizes collective bargaining between policemen and firemen and their public employers. Sets policy and procedures for arbitration in order to settle disputes, and requires compliance with collective bargaining agreements and findings of arbitrators
• Public Employee Relations Act of 1970 (Act 195): Establishes the rights of public employees to organize and bargain collectively through selected representatives. Sets policy and procedures for arbitration and collective bargaining.
• Pennsylvania Labor Relations Act (Act 294): protects the right of public employees to organize and bargain collectively. Created the Pennsylvania Labor Relations Board. Defines and prohibits unfair labor practices.

Federal Law:

• Fair Labor Standards Act: established national minimum wage, overtime pay, recordkeeping, and youth employment standards affecting employees in the private and public sectors.
• National Labor Relations Act: protects the right of employees to organize and bargain collectively. Created the National Labor Relations Board. Defines and prohibits unfair labor practices.

Court Decisions

Federal Decisions:

• NLRB v. Weingarten, Inc. (1975): The U.S. Supreme Court ruled that an employee who is called to an interview that they reasonably believe may result in discipline is entitled to have a union representative present. This statutory right is commonly referred to as an employee’s “Weingarten Rights.”

Commonwealth Decisions:

• Pennsylvania Labor Relations Board – Conneaut School District (1979): The Weingarten decision does not automatically apply to public employees in Pennsylvania who are covered by either Act 195 or Act 111. The Pennsylvania Labor Relations board issued a decision in Conneaut School District that they:

“will find a violation of Section 1201 (a)(1) of the Act if an employer conducts an investigatory interview of an employee without a union representative being present provided the employee has a reasonable belief that discipline may result from the interview.”