Current through Pa Acts 2024-53, 2024-56 through 2024-92
Section 1000.6 - Collective bargaining agreements(a) Any employer and the recognized or certified and exclusive representative of its employe may agree by collective bargaining to establish certain binding obligations and procedures relating to workers' compensation: Provided, however, That the scope of the agreement shall be limited to: (1) benefits supplemental to those provided in sections 306 and 307; (2) an alternative dispute resolution system which may include, but is not limited to, arbitration, mediation and conciliation;(3) the use of a limited list of providers for medical treatment for any period of time agreed upon by the parties;(4) the use of a limited list of impartial physicians;(5) the creation of a light duty, modified job or return to work program;(6) the adoption of twenty-four-hour medical coverage; and(7) the establishment of safety committees; and(8) a vocational rehabilitation or retraining program.(b) Nothing contained in this section shall in any manner affect the rights of an employer or its employes in the event that the parties to a collective bargaining agreement refuse or fail to reach agreement concerning the matters referred to in clause (a). In the event a municipality and its police or fire employes fail to agree by collective bargaining concerning matters referred to in clause (a), nothing in this section shall be binding upon the municipality or its police or fire employes as a result of an arbitration ruling or award.(c) Nothing in this section shall allow any agreement that diminishes an employe's entitlement to benefits as otherwise set forth in this section. Any agreement in violation of this provision shall be null and void.(d)(1) Determinations rendered as a result of an alternative dispute resolution procedure shall remain in force during a period in which the employer and a recognized or certified exclusive collective bargaining representative are renegotiating a collective bargaining agreement.(2) Upon the expiration of an agreement which contains a provision for an alternative dispute resolution procedure for workers' compensation claims, the resolution of claims relating to injuries sustained as a result of a work-related accident or occupational disease may, if the agreement so provides, be subject to the terms and conditions set forth in the expired agreement until the employer and a recognized or certified exclusive bargaining representative agree to a new agreement.(3) Upon the termination of an agreement which is not subject to renegotiation and upon severance of the employment relationship, the employer and employes shall become fully subject to the provisions of this act to the same extent that they were prior to the implementation of the agreement.1915, June 2, P.L. 736, No. 338, § 450, added 1996, June 24, P.L. 350, No. 57, § 22, effective in 60 days.