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PENNSYLVANIA SOCIAL SERVICES UNION v. COMMONWEALTH PENNSYLVANIA (01/16/74)

decided: January 16, 1974.

PENNSYLVANIA SOCIAL SERVICES UNION, APPELLANT,
v.
COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA LABOR RELATIONS BOARD, APPELLEE



Appeal from the Order of the Pennsylvania Labor Relations Board in case of In the Matter of the Employes of Cambria County (Child Welfare Services), No. PERA-R-3153-C.

COUNSEL

Stephen A. Sheller, with him Michael F. Kraemer and Astor & Weiss, for appellant.

Francis A. Zulli, Assistant Attorney General, with him James F. Wildeman, Assistant Attorney General, and James L. Crawford, Assistant Attorney General, for appellee.

Judges Crumlish, Jr., Kramer, Wilkinson, Jr., Mencer, Rogers and Blatt. President Judge Bowman did not participate. Opinion by Judge Blatt.

Author: Blatt

[ 11 Pa. Commw. Page 385]

The Pennsylvania Social Services Union (Union) has appealed to this Court from an order of the Pennsylvania

[ 11 Pa. Commw. Page 386]

Labor Relations Board (Board) which refused to approve a proposed bargaining unit among employees of the Cambria County Child Welfare Services. The order also refused an election to certify the Union as the exclusive collective bargaining representative if so designated by a majority of the employees in the proposed unit. The basis for the Board's denial was that petitions for representation had previously been filed by another union and that, although the unit proposed by this Union was embraced within the units covered in these other petitions, the Union had made no attempt to intervene in these proceedings.

The Board has filed a motion to quash on the basis that jurisdiction over this appeal does not rest with this Court. We must agree.

Section 1502 of the Public Employe Relations Act, Act of July 23, 1970, P.L. 563, as amended, 43 P.S. ยง 1101.1502, provides in part: "Any person aggrieved by a final order of the board granting or denying, in whole or in part, the relief sought in any unfair practice case, or by an order certifying or refusing to certify a collective bargaining agent of employes in any representation case, may obtain a review of such order in the court of common pleas of any county where the unfair practice in question was alleged to have been engaged in, or wherein such person or employer in a representation case resides or transacts business, or in the instance of Commonwealth employes in the Commonwealth Court, as the case may be, by filing in such court, within thirty days after the final order has been issued by the board, a written petition praying that the order of the board be modified or set aside." Pursuant to this section, only final orders of the Board which involve Commonwealth employees are appealable directly to this Court. Pottsgrove School District v. Pennsylvania Labor Relations Board, 451 Pa. 404, 304 A.2d 491 (1973). Appeals involving all other public

[ 11 Pa. Commw. Page 387]

    employees must be taken to the court of common pleas in the appropriate county.

In its petition to the Board, and throughout the record made before the Board, the Union listed the employer in question as the Cambria County Board of Commissioners, thus treating the members of the proposed unit as county, not as Commonwealth, employees. Now before this Court the Union has attempted to assert that the Commonwealth is in fact a joint employer of the employees in question, and has filed a petition requesting that this Court either hold an evidentiary hearing or remand the matter to the Board for the purpose of holding such a hearing. It is argued that such a ...


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