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GET-SET ORGANIZATION ET AL. v. LABOR RELATIONS BOARD ET AL. (09/23/71)

decided: September 23, 1971.

GET-SET ORGANIZATION ET AL.
v.
LABOR RELATIONS BOARD ET AL.



Appeal from the Order of the Court of Common Pleas of Philadelphia County, No. 1284 January Term, 1971, in case of Get-Set Organization, Philadelphia City Education Association, PCEA-NEA v. Pennsylvania Labor Relations Board, The Philadelphia Federation of Teachers, Local No. 3, and School District of Philadelphia.

COUNSEL

Peter Hearn, with him J. Anthony Messina, James T. Giles, and Pepper, Hamilton & Scheetz, for appellant.

A. Martin Herring, with him Leonard M. Sagot, and Ettinger, Poserina, Silverman, Dubin, Anapol & Sagot, for appellee, Philadelphia Federation of Teachers.

James F. Wildeman, Assistant Attorney General, for appellee, Pennsylvania Labor Relations Board.

Judges Kramer, Wilkinson, Jr., and Mencer, sitting as a panel of three. Opinion by Judge Mencer.

Author: Mencer

[ 3 Pa. Commw. Page 423]

This appeal is from the Order of the Court of Common Pleas of Philadelphia County sustaining preliminary objections of appellee, Philadelphia Federation of Teachers, Local No. 3 (Federation) and dismissing the Petition of appellant, Get Set Organization, Philadelphia City Education Association, PCEA-NEA (PCEA) To Set Aside An Order of The Pennsylvania Labor Relations Board (PLRB) which it is alleged had the effect of a refusal to certify PCEA as the exclusive

[ 3 Pa. Commw. Page 424]

    employee representative for certain public employees under the Public Employe Relations Act of July 23, 1970, P.L. , No. 195, 43 P.S. ยง 1101.101 et seq. (Act).

The Court below held that it had neither "jurisdiction" nor "venue" over the parties and subject matter in the Petition and that the action taken by PLRB was not final and appealable. There was no opinion by the Court setting forth the reasons for these conclusions. The record below consists only of the Petition to Set Aside An Order of The Pennsylvania Labor Relations Board, Preliminary Objections of Federation and the Order of the Court.

PCEA and Federation are public employee organizations whose primary goal within the context of this litigation is to represent employees of the "Get Set" Day Care Program*fn1 in collective bargaining negotiations with their public employer, the School District of Philadelphia (School District). The difficulties in determining the employee representative for this bargaining unit have lasted for nearly a year. On September 5, 1970, PCEA, the Federation and the School District agreed to settle then pending litigation (first case) involving the invalidity of an election held in August of 1970 by entering into a Stipulation which was subsequently approved by the Court of Common Pleas and filed of record. The parties in the first case stipulated that the School District was to cause the

[ 3 Pa. Commw. Page 425]

American Arbitration Association to conduct an election on September 18, 1970 among the "Get Set" employees to ascertain which of the parties the employees desired as their collective bargaining representative. The parties agreed to certain procedures for the preparation of a list of eligible voters, the criteria for ...


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