Appeal from decree of Court of Common Pleas, Trial Division, of Philadelphia, Oct. T., 1970, No. 5254, in case of Get Set Organization, Philadelphia City Education Association, PCEA-NEA v. The Philadelphia Federation of Teachers, Local No. 3.
Leonard M. Sagot, with him A. Martin Herring, M. H. Goldstein, and Ettinger, Poserina, Silverman, Dubin, Anapol and Sagot, for appellant.
Peter Hearn, with him J. Anthony Messina, James T. Giles, and Pepper, Hamilton & Scheetz, for appellee.
Bell, C. J., Jones, Eagen, O'Brien, Roberts, Pomeroy and Barbieri, JJ. Opinion by Mr. Justice Eagen.
In this case we are asked to review the propriety of the action of the lower court in overruling preliminary objections to a complaint in equity seeking injunctive relief. We agree with the court's disposition and accordingly affirm its decree.
This action arose from a dispute between rival employee organizations both of which seek to represent the employees of the Get Set Day Care Program in collective bargaining negotiations with the School District of Philadelphia.
On September 5, 1970, the parties agreed to settle then pending litigation*fn1 by entering into a stipulation which was subsequently approved by the court and filed of record. In this stipulation both organizations agreed that the School District of Philadelphia should cause the American Arbitration Association to conduct an election on September 18, 1970, among the employees of the Get Set program to ascertain which of the parties the employees desired as their collective bargaining representative. Thus the case was marked as settled, discontinued and ended.
The election was held on the designated day and thereafter on October 6, 1970, AAA certified results showed that the Philadelphia City Education Association (PCEA) was the winner. On October 26, 1970, the Board of Education of the School District of Philadelphia passed a resolution recognizing PCEA as exclusive bargaining agent. Thereafter, on October 27th appellant, Philadelphia Federation of Teachers (PFT), filed with the Pennsylvania Labor Relations Board
(PLRB) a petition requesting a new election based upon an alleged thirty percent showing of interest as evidenced by signed authorization cards.
On October 30, 1970, PCEA filed a complaint in equity seeking a preliminary injunction which would direct the PFT to adhere to the stipulation of September 5th and not to proceed with its petition before the Labor Relations Board nor to interfere with the representational rights of the Get Set employees as determined by the most recent election. PFT countered with preliminary objections, contesting, inter alia, the jurisdiction of the court to pass on the dispute. These objections were overruled and PFT filed this appeal.*fn2
The issue in this case is basically a narrow one; whether the lower court has jurisdiction to supervise a stipulation which it approved in the course of terminating ...