Section 1.47. Labor relations

(a) Scope. An agency may conduct an executive session to hold information, strategy and negotiation sessions related to the negotiation or arbitration of a collective bargaining agreement or, in the absence of a collective bargaining unit, related to labor relations and arbitration.

(b) Attendance. An executive session to consider labor relations matters session may be attended, at the discretion of the agency, by representatives of employes or their bargaining organizations.

(c) Official actions. Unless otherwise provided by law and as required under § 1.45(e) (relating to executive sessions), a meeting by a quorum of the members of the agency to adopt a collective bargaining agreement or other labor contract, award or agreement shall be open to the public. The agency may make decisions regarding strategy and offers made in the court of negotiation at an executive session.

Notation

Notes of Decisions

Grievance Subject to Arbitration

The arbitrator correctly relied on the past practice of the district court in granting rescission of sabbatical requests over an 8-year period and in finding the dispute arbitrable. The arbitrator’s decision not only did not conflict with any language of the agreement, but it also met the ‘‘essence test’’ in that the collective bargaining agreement contained no integration clause nor any language eliminating past practices as a consideration. Centennial School District v. Centennial Education Association, 26 D.&C. 4th 567 (Pa. Com. Pl. 1994).

Cross References

This section cited in 4 Pa. Code § 1.45 (relating to executive sessions).