The Power of Act 111

Uniontown, with a population of 11,541, down from 12,421 in 2000, has witnessed firsthand the power exercised by arbitrators under Act 111 of 1968, the act that outlines collective bargaining for police and fire employees in the Commonwealth.

Experiencing financial difficulties for some time-the City was considering Act 47 status two years ago-there were layoffs in the fire department and the decision was made to eliminate the department when the contract expired at the end of 2010.

But after a lawsuit activated the arbitration process under 111 the department will not go, the employees that were laid off will be recalled and all 13 members of the department are scheduled to receive 3.5% annual raises in a new four year contract that is binding upon the municipality.

Where are the opponents of unfunded mandates when you need them?

Consider that the state’s arbitration law does not take into account whether or not the municipality can afford the settlement, what income levels in the affected community are, and don’t include mediation or fact-finding as part of the process.

Thanks to a $633k Federal grant-free money for sure-Uniontown can pay the costs. But what happens when that grant runs out? If this mandate and the loss of Federal money mean bad things once again for the City then they can always revisit the Act 47 process to see if there is a coordinator willing to lend some expertise. Or the state could take a serious look at the statute (something that has not been done since the late 1970s) and think about criteria related to selection and awards.