Appeal, No. 66, Jan. T., 1956, from order of Court of Common Pleas of Lckawanna County, March T., 1955, No. 123, in case of Pennsylvania Labor Relations Board v. The Mid-Valley Hospital Association. Order affirmed.
James M. Quigley, with him McNees, Wallace & Nurick, for appellants.
William A. Welsh, Counsel, Pennsylvania Labor Relations Board, with him James F. Wildeman, Special Deputy Attorney General, Leon Ehrlich, Deputy Attorney General, and Herbert B. Cohen, Attorney General, for appellee.
David Dunlap, with him Patrick T. Walsh and Nelson M. Galloway, for intervenor, appellee.
Before Stern, C.j., Bell, Chidsey, Musmanno and Arnold, JJ.
OPINION BY MR. CHIEF JUSTICE HORACE STERN
On this appeal appellants frankly admit that unless the Court overrules prior decisions in cases involving the same legal question as that which is here involved their appeal cannot be sustained. Further consideration, however, of those decisions leads to the conclusion that they were properly decided, and therefore the judgment of the court below must be affirmed.
A charge was filed with the Pennsylvania Labor Relations Board by the Pennsylvania State Nurses Association against the Mid-Valley Hospital Association asserting that the latter had engaged in an unfair labor practice in that it had discharged Mrs. Ann Colley, a registered nurse, "from her employment as a general duty nurse because of her participation in the concerted
activities of a majority of the general duty nurses employed by said Association to achieve collective bargaining and for their other mutual aid and protection." The Labor Relations Board heard testimony from which it found that the Mid-Valley Hospital Association conducts a non-profit charitable hospital supported in large part by private donations and an annual appropriation by the Commonwealth. Accordingly it held that the Hospital Association was not an employer nor Mrs. Colley an employee within the meaning of the Pennsylvania Labor Relations Act and that the controversy regarding the discharge of Mrs. Colley was not a labor dispute within the meaning of the Act. It therefore dismissed the charge filed by the Nurses Association. The Court below affirmed the action of the Board and the present appeal is by the Nurses Association and by Mrs. Colley from the Court's order.
In Western Pennsylvania Hospital v. Lichliter, 340 Pa. 382, 17 A.2d 206, it was definitely held that the Pennsylvania Labor Relations Act does not confer upon the Pennsylvania Labor Relations Board any jurisdiction over a labor dispute between a charitable non-profit hospital and its employes. The reasons for so holding are set forth at length in that case in the opinion of Judge RICHARDS, on the basis of which this court affirmed the decree of the Court of Common Pleas of Dauphin County restraining the Labor Relations Board from proceeding under the Labor Relations Act against the hospitals there involved and restraining a union of hospital workers from asserting any rights against them under that Act. The basis for the decision was, in brief, that such ...