Public Sector Bargaining in Pennsylvania

Public sector bargaining in Pennsylvania is governed by two statutes passed by the General Assembly. Because Pennsylvania is a state that sets labor rules for its local governments, Philadelphia's home rule charter does not give the city independent power to rewrite bargaining rights for its employees; see Home Rule Limits and State Preemption. The two laws explain why police and firefighters settle contracts through arbitrators, while civilian unions such as DC 33 may walk off the job.^[1]

1 Act 111: police and firefighters

Act 111, enacted in 1968, gives police officers and firefighters the right to bargain collectively through their chosen representatives. In exchange, they give up the right to strike. When bargaining reaches an impasse, either side may demand interest arbitration before a panel, typically made up of one arbitrator chosen by the union, one chosen by the employer and a neutral chair. The award is binding on both parties. Judicial review of Act 111 awards is traditionally narrow, which means courts will overturn an award only on limited grounds such as exceeding the arbitrators' jurisdiction or violating the Constitution.^[1]

In Philadelphia, Act 111 governs FOP Lodge 5 and IAFF Local 22. The August 2025 FOP award and the July 2026 firefighter award were both issued by Act 111 panels, and in the firefighter case the union's own arbitrator filed a dissent.^[2]

2 Act 195: other public employees

Act 195, the Public Employe Relations Act of 1970, covers most other public employees, including municipal civilians, teachers and transit authority workers. It recognizes the right to organize and bargain, defines mandatory subjects such as wages, hours and working conditions, and sets a graduated impasse process of mediation and fact-finding. The PLRB administers elections, certifies bargaining units and adjudicates unfair-practice charges under both acts.

Act 195 sorts employees into categories. Some, such as prison guards, court employees and certain others, may never strike and are instead sent to binding arbitration. Others, described as "essential" employees, may strike only after the process is exhausted and only if the strike would not threaten public health, safety or welfare. This is why a 2025 report noted that within DC 47 only one local, Local 2187, was legally able to strike.^[3]

3 Strikes and injunctions

Where Act 195 permits a strike, the employer may ask the Court of Common Pleas for an injunction if it argues that the strike creates a clear and present danger to public health, safety or welfare. During the July 2025 DC 33 strike, the city suspended residential trash collection and closed pools while continuing emergency services. Teachers in Pennsylvania school districts, including the Philadelphia Federation of Teachers, are also covered by Act 195; the school-year calendar limits when a strike may last.

4 The Philadelphia context

Philadelphia's labor contracts are bargained by the mayor's administration and must fit within the city budget and the five-year plan reviewed by PICA. The 2025 FOP award was described by the city as costing $343 million over the five-year plan. Council appropriates the funds but does not sit at the bargaining table. Elected row officers and the courts have separate employee relationships; see Philadelphia Row Offices and First Judicial District.

5 Criticism and debate

Supporters say Act 111 provides labor peace in essential services and a neutral forum. Critics, including government-reform groups and some city officials, argue that arbitration panels can limit disciplinary reforms and impose costs without the same public process as legislation; the discipline issue is discussed in The FOP Contract and Police Discipline. Union representatives respond that arbitration protects due process and that awards are tied to statutory criteria, including the employer's ability to pay.

See also: Organized Labor in Philadelphia, Civil Service Commission, Office of Human Resources.

References

1. Pennsylvania Labor Relations Board, pa.gov/agencies/dli (Act 111 of 1968, 43 P.S. 217.1 et seq.; Act 195 of 1970, 43 P.S. 1101.101 et seq.).
2. City of Philadelphia, press release on the FOP Lodge 5 interest arbitration award (August 15, 2025), phila.gov; Philadelphia Inquirer, firefighter contract coverage (July 9, 2026).
3. Philadelphia Inquirer, "DC 47 tentative agreement" and strike-authorization coverage (July 2025).