With a mass transit strike impacting southeastern PA’s travel, it was reported in the media today that the fact finding report for the contract dispute between the Port Authority and its transit union has been presented to both parties. As we wrote back in mid-September, the statute at section 13.2 describes the bargaining procedures for the Authority. Subsection (j) states “not more than fifteen days after the findings and recommendations have been sent, the parties shall notify the PA Labor Relations Board and each other whether or not they accept the recommendations of the fact finder, and if they do not, the fact finder shall publicize his findings and recommendations.
Then comes subsection (k) which state if both don’t accept the recommendations and mutually refuse to final and binding arbitration, then the employees have the right to strike so long as “…such a strike creates a clear and present danger or threat to the health, safety, and welfare of the public”
