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SWEET ET AL. v. PENNSYLVANIA LABOR RELATIONS BOARD (07/16/74)

decided: July 16, 1974.

SWEET ET AL., APPELLANTS,
v.
PENNSYLVANIA LABOR RELATIONS BOARD



Appeal from order of Commonwealth Court, No. 17 T.D. 1973, in case of Charles G. Sweet et al. v. Pennsylvania Labor Relations Board et al.

COUNSEL

David S. Posner, Court Administrator, for appellants.

James F. Wildeman, Louis B. Kushner and Robert D. Douglass, Special Counsel, with them, Raymond W. Cromer, James L. Crawford, James B. Brown, Herman J. Bigi, County Solicitor, Pierce & Douglass, and Rothman, Gordon, Foreman & Groudine, for appellees.

Morton Meyers, for Alton A. McDonald, H. Clifton McWilliams, Jr., Joseph F. O'Kicki and Arnold D. Smorto, Judges of the Court of Common Pleas of Cambria County, amici curiae.

Alexander Unkovic, Frederick J. Francis, and Meyer, Unkovic & Scott, for Pennsylvania Conference of State Trial Judges and the Pennsylvania Bar Association, amicus curiae.

Scott F. Zimmerman, James J. Restivo, Jr., and Reed, Smith, Shaw & McClay, for Court of Common Pleas of Allegheny County, amicus curiae.

Jones, C. J., Eagen, O'Brien, Roberts, Pomeroy, Nix and Manderino, JJ. Opinion by Mr. Chief Justice Jones. Mr. Justice Manderino concurs in the result. Concurring Opinion by Mr. Justice Roberts. Mr. Justice Nix joins in this concurring opinion.

Author: Jones

[ 457 Pa. Page 457]

The proceedings which give rise to this appeal began on June 19, 1972, when the Service Employees International

[ 457 Pa. Page 458]

Union, Local 585 (SEIU), filed with the Pennsylvania Labor Relations Board (the Board) a petition for representation of public employees, at No. PERA-R-2209-W, alleging that it was the appropriate unit for the purpose of collective bargaining for "all court-related employees of Washington County."*fn1 The petition further alleged that the public employer was the County of Washington acting through its County Commissioners and that a copy of the petition was sent to that public employer pursuant to the Public Employe Relations Act, P. L. 563, No. 195, art. VI, § 603, 43 P.S. § 1101.603 (Act 195). Appellants, the judges of the Court of Common Pleas of the Twenty-Seventh Judicial District claim to be the public employer of certain members

[ 457 Pa. Page 459]

    of this group, but they were not sent a ...


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