THE GOVERNOR
[40 Pa.B. 14]
[Saturday, January 2, 2010]
PART I. GOVERNOR'S OFFICE
[ 4 PA. CODE CH. 7a ]
[ EXECUTIVE ORDER NO. 2007-07 ]
Subsidized Child Care Providers June 14, 2007
Whereas, quality early childhood education and care is essential to the quality of life in the Commonwealth and is a vital contributor to the development of children. Numerous studies have demonstrated that high quality early childhood education and care during the first five years of a child's life is crucial to brain development and increases the likelihood of a child's success in school and later in life; and
Whereas, affordable, quality early childhood education and care is necessary for families to obtain work, achieve self sufficiency and contribute to Pennsylvania's economy; and
Whereas, the Commonwealth is committed to ensuring that all of Pennsylvania's children are ready to succeed in kindergarten; and
Whereas, subsidized child care providers exempt from certification or regulation provide services to children and their families; and
Whereas, the Commonwealth is committed to developing a strategy to support these child care providers so that they can receive information to assist them in becoming registered and provide better quality early care and education to children they serve; and
Whereas, the Commonwealth is interested in receiving input from these providers in order to meet its goals for early childhood education and care.
Now, Therefore, I, Edward G. Rendell, Governor of the Commonwealth of Pennsylvania, by virtue of the authority vested in me by the Constitution of the Commonwealth of Pennsylvania and other laws, do hereby direct the following:
Governor
Fiscal Note: 2009-03. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 4. ADMINISTRATION
PART I. GOVERNOR'S OFFICE
CHAPTER 7a. ADDITIONAL MISCELLANEOUS PROVISIONS
Subchapter A. SUBSIDIZED CHILD CARE PROVIDERS Sec.
7a.1. Definitions. 7a.2. Election of exclusive representative. 7a.3. Meeting with exclusive representative. 7a.4. Memorialization of agreement. 7a.5. State action exemption. 7a.6. Report to the Governor. 7a.7. Miscellaneous provisions. 7a.8. Term. § 7a.1. Definitions.
For purposes of this subchapter, the following words and terms, have the following meanings, unless the context clearly indicates otherwise:
Exclusive representative—The exclusive representative of subsidized child care providers exempt from certification or registration elected under § 7a.2 (relating to election of exclusive respresentative).
Exempt providers—Subsidized child care providers exempt from certification or registration. Child care providers who participate in the subsidized child care program and are not subject to Article IX or X of the Public Welfare Code (62 P.S. §§ 901—921 and 1001—1088) and not governed by 55 Pa. Code Chapters 3270, 3280 and 3290 (relating to child day care centers; group child day care homes; and family child day care homes).
Secretary—The Secretary of the Department of Public Welfare or a designee.
§ 7a.2. Election of exclusive representative.
The Secretary will select a reputable organization with experience in conducting representation elections to conduct a mail ballot election for the exclusive representative of exempt providers. For an election to occur, a representative or representative organization must have collected signed cards from at least 30% of all exempt providers indicating their desire for representation. The exclusive representative will be named upon successful completion of an election in which the representative receives at least a majority of the votes cast.
§ 7a.3. Meeting with exclusive representative.
The Secretary will meet, confer and discuss with the exclusive representative issues of mutual concern regarding quality early care and education that prepares children for schools.
§ 7a.4. Memorialization of agreement.
When an agreement is reached, it will be memorialized in writing. The agreement will be subject to any agency rulemaking, statutory or budgetary changes that may be required. Any agreement which requires rulemaking, statutory or budgetary changes will be contingent upon the successful completion of the rulemaking, legislative or budgetary process. The parties will jointly seek the enactment of the regulatory or legislative action.
§ 7a.5. State action exemption.
In affording exempt providers the right to select the exclusive representative, engage in collective action, and jointly engage in negotiations with the Commonwealth pursuant to the terms of this subchapter, the Commonwealth intends that the ''State Action'' exemption to Federal antitrust laws be fully available to the Commonwealth, exempt providers and the exclusive representative. The exempt conduct will be actively supervised by the Department of Public Welfare.
§ 7a.6. Report to the Governor.
The Secretary will issue a report to the Governor regarding the progress of the Secretary and the exclusive representative under the terms of this subchapter by October 12, 2007, and annually thereafter on or before September 1st until an agreement under § 7a.4 (relating to memorialization of agreement) has been reached.
§ 7a.7. Miscellaneous provisions.
(a) Nothing in this subchapter is intended to give exempt providers, or imply that these exempt providers, have any right to engage in a strike or work stoppage.
(b) Nothing in this subchapter is intended to grant exempt providers Commonwealth employee status or in any way imply an employer-employee relationship.
§ 7a.8. Term.
This subchapter shall be effective immediately and remain in effect until rescinded by the Governor.
[Pa.B. Doc. No. 10-4. Filed for public inspection December 31, 2009, 9:00 a.m.]
No part of the information on this site may be reproduced for profit or sold for profit.This material has been drawn directly from the official Pennsylvania Bulletin full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.
