t
available to the public, particularly to the public employees most
affected thereby, harmonious and cooperative relationships between
government and its employees are promoted and maintained. Such a
reading of Section 20.17 (4
) is consistent with the terms of Section
20.17(3), the immediately preceding provision, which relates to the
15
public nature of bargaining sessions.
Accordingly, I find that
IUP did not violate Section 20.17(4) of the Act as alleged by Mr.
Austin in his complaint.
During the course of the hearing several sub-issues were
raised regarding the issue of the timing of the ratification
election. Mr. Austin alleges that the negotiating committee lacked
authority to enter into a binding agreement. While the record is
unclear as to the extent of the negotiating committee's authority,
the Act clearly provides that ratification of a collective
bargaining agreement by a majority of those voting by secret ballot
in a ratification election is a condition precedent to the
agreement becoming effective.
While the negotiating committee
intimated in the April 1987 IUP newsletter that it had a choice in
submitting the tentative agreement to the membership for
ratification,16 it is statutorily mandated to do so.
In a
"section 20.17 ( 3 ) provides in relevant part :
. . . [Tlhe employee organization shall present its
initial bargaining position to the public employer at the
first bargaining session. The public employer shall
present its initial bargaining position to the employee
organization at the second bargaining session. . . Both
sessions shall be open to the public. . .
16~oint
Exhibit 1.
