Appeal from the Order of the Pennsylvania Labor Relations Board in case of Pennsylvania Labor Relations Board v. Commonwealth of Pennsylvania, No. PERA-C-3157-C.
Stephen A. Sheller, with him Michael F. Kraemer and Astor & Weiss, for appellant.
James L. Crawford, with him James F. Wildeman, Raymond W. Cromer and Anthony J. Malloy, Assistant Attorneys General, for appellee.
Thomas H. Lane, with him Morgan, Lewis & Bockius, for intervening appellee.
President Judge Bowman and Judges Crumlish, Jr., Kramer, Wilkinson, Jr., Rogers and Blatt. Judge Mencer did not participate. Opinion by Judge Wilkinson. Dissenting Opinion by Judge Kramer.
[ 15 Pa. Commw. Page 442]
This case arises from a charge by appellant that intervening appellee has engaged in an unfair labor practice in that it refused to negotiate and reach agreement on case loads that employes of the Department of Public Welfare would be required to handle. The intervening appellee answered the charge by admitting that it refused to negotiate case loads and patient loads as alleged in the specification of charges, but denied that such action constituted an unfair labor practice. In the answer, intervening appellee asserted that case loads and patient loads are proper matters for "meet and discuss," and that intervening appellee had not refused to meet and discuss case loads and patient loads with appellant. Indeed, it is alleged that such meetings and discussions had taken place.
Judge Mencer's recent decision in Pennsylvania Labor Relations Board v. State College Area School District,
[ 15 Pa. Commw. Page 4439]
Pa. Commonwealth Ct. 229, 306 A.2d 404 (1973), presented this Court's position on the proper interpretation of the provisions of Sections 701 and 702 of the Public Employe Relations Act (sometimes referred to as Act 195), Act of July 23, 1970, P.L. 563, 43 P.S. § 1101.701 and § 1101.702, being the Sections which provide as follows:
"§ 701 Matters subject to bargaining
"Collective bargaining is the performance of the mutual obligation of the public employer and the representative of the public employes to meet at reasonable times and confer in good faith with respect to wages, hours and other terms and conditions of employment, or the negotiation of an agreement or any question arising thereunder and the execution of a written contract incorporating any agreement reached but ...