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PETER ELISH v. PENNSYLVANIA LABOR RELATIONS BOARD (03/05/74)

COMMONWEALTH COURT OF PENNSYLVANIA


decided: March 5, 1974.

PETER ELISH, WASHINGTON COUNTY CONTROLLER, APPELLANT,
v.
PENNSYLVANIA LABOR RELATIONS BOARD, APPELLEE

Appeal from the Order of the Pennsylvania Labor Relations Board in case of In the Matter of the Employees of Washington County, No. PERA-R-2209-W. Transferred to the Commonwealth Court of Pennsylvania from the Supreme Court of Pennsylvania, September 10, 1973.

COUNSEL

Frank C. Roney, for appellant.

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

President Judge Bowman and Judges Crumlish, Jr., Kramer, Wilkinson, Jr., Mencer, Rogers and Blatt. Opinion by President Judge Bowman. Dissenting Opinion by Judge Mencer. Judges Crumlish, Jr. and Kramer join in this dissent.

Author: Bowman

[ 12 Pa. Commw. Page 374]

In this appeal, appellant, county controller asserts that the County Salary Board of which he is a member is the public employer of the employees of the county within the meaning of the Act.

For the reason set forth in our opinion handed down this day in Sweet v. Pennsylvania Labor Relations Board, 12 Pa. Commonwealth Ct. 358, 316 A.2d 665 (1974), we believe this appeal to be without merit.

Order

Now, March 5, 1974, the order of the Pennsylvania Labor Relations Board from which the above appeal is taken is affirmed.

Disposition

Affirmed.

Dissenting Opinion by Judge Mencer:

For the reasons set forth in my dissenting opinion filed this day in Sweet v. Pennsylvania Labor Relations Board, 12 Pa. Commonwealth Ct. 358, 316 A.2d 665 (1974), I would reverse the Order of the Pennsylvania Labor Relations Board and remand this case for further proceedings not inconsistent with my dissenting opinion filed in Sweet.

19740305

© 1998 VersusLaw Inc.



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