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ALLEGHENY COUNTY PRISON EMPLOYEES LOCAL UNION 693 v. MCCLELLAND. (04/26/63)

April 26, 1963

ALLEGHENY COUNTY PRISON EMPLOYEES LOCAL UNION 693, APPELLANT,
v.
MCCLELLAND.



Appeal, No. 78, March T., 1963, from order of Court of Common Pleas of Allegheny County, Oct. T., 1962, No. 3697, in case of The Allegheny County Prison Employees Local Union No. 693 of the American Federation of State, County and Municipal Employees, AFL-CIO, v. Dr. William D. McClelland, chairman, John E. McGrady, John M. Walker et al. Order affirmed.

COUNSEL

Richard C. McHugh, for appellant.

Maurice Louik, County Solicitor, with him Thomas M. Rutter, Jr., and Harold Gondelman, Assistant County Solicitors, for appellee.

Before Bell, C.j., Musmanno, Jones, Cohen, Eagen, O'brien and Roberts, JJ.

Author: Cohen

[ 410 Pa. Page 655]

OPINION BY MR. JUSTICE COHEN

Appellant (Local),*fn1 a labor organization representing the Allegheny County Prison employees, was involved in a controversy over allegedly inadequate and unfair wage and salary schedules of prison employees.

[ 410 Pa. Page 656]

Local requested appellee (Salary Board)*fn2 to establish a three-man panel to review their grievances and to make recommendations thereon under the provisions of the Act of June 30, 1947, as amended. When Salary Board refused to act on the request, Local instituted a complaint in mandamus to compel Salary Board to establish this panel. Both parties moved for judgment on the pleadings, Salary Board contending that the Allegheny County Board of Prison Inspectors (Prison Board) was the proper party to appoint a panel under the Act of 1947. The lower court entered judgment on the pleadings in favor of Salary Board and this appeal followed.

The Act of 1947 provides, inter alia, that: "In order to avoid or minimize any possible controversies by making available full and adequate governmental facilities for the adjustment of grievances, the governmental agency involved, at the request of the public employes, shall, within fifteen (15) days of such request, set up a panel of three members, one to be selected by the employes, one by the governmental agency, and the two so selected to select a third member." Act of June 30, 1947, P.L. 1183, § 1, as amended, 43 P.S. § 215.1 (1962 Supp.) (Emphasis supplied).

The narrow issue confronting us, therefore, is whether Salary Board is the "governmental agency involved" under the aforesaid Act. We conclude that it is not.

Under the Act of March 23, 1865, P.L. 607, as amended by the Act of 1941, P.L. 829, Prison Board is responsible for the control, management, maintenance, and discipline over prison matters and prison employees. ...


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