Section 23539.1 - Removal or discharge; procedure to challenge(a) No employe in the competitive or non- competitive class in the bureau of police, except any such employe who has been convicted of a felony and whose appellate remedies have been exhausted, shall be removed, discharged, suspended, demoted or placed on probation, except for just cause which shall not be religious or political. The procedure for an employe to challenge a removal, discharge or suspension or placement on probation is subject to collective bargaining. Collective bargaining concerning the procedure shall commence within thirty days of the effective date of this amendatory act. Collective bargaining and, in the event of a collective bargaining impasse, arbitration shall be conducted in accordance with the act of June 24, 1968 (P.L. 237, No. 111), referred to as the Policemen and Firemen Collective Bargaining Act, 43 P.S. § 217.1 et seq. except that the time to request collective bargaining provided for in section 3 shall not apply if this amendatory act takes effect on a date that makes compliance with section 3 impossible.(b) Any procedure adopted by the employer and the employe bargaining representative, either by agreement or through arbitration, must culminate in arbitration before a panel consisting of one arbitrator appointed by the employer, one arbitrator appointed by the bargaining representative of the employe and a neutral arbitrator selected by the arbitrators appointed by the parties. If the parties are unable to agree upon a neutral arbitrator, the American Arbitration Association or its successor shall be requested to submit the names of seven disinterested persons qualified to act as the neutral arbitrator. From such list in the first arbitration conducted under this section, the employe bargaining representative and employer, in that order, shall strike one name until six names have been eliminated. In the second and subsequent arbitrations, the striking order shall alternate between the employe bargaining representative and the employer. The person whose name remains will act as the neutral arbitrator. The decision of the arbitration panel will be final and binding on all parties. The city shall pay the cost of arbitration.
(c) In addition to the requirements confirmed in subsection (a), any procedure adopted or awarded must grant the employe the right to file an initial grievance against the employer. The employe must be provided the opportunity to be informed of and to respond to any charges made against him prior to being suspended or discharged from employment.(d) The arbitration panel and procedure provided for in subsection (b) shall terminate on January 1, 1995. 1990, March 20, P.L. 78, No. 17, § 4, effective in 60 days.