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WILLS EYE HOSPITAL AND ALBERT EINSTEIN MEDICAL CENTER AND TEMPLE UNIVERSITY COMMONWEALTH SYSTEM HIGHER EDUCATION v. COMMONWEALTH PENNSYLVANIA (11/04/74)

decided: November 4, 1974.

WILLS EYE HOSPITAL AND ALBERT EINSTEIN MEDICAL CENTER AND TEMPLE UNIVERSITY OF THE COMMONWEALTH SYSTEM OF HIGHER EDUCATION, APPELLANTS,
v.
COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA LABOR RELATIONS BOARD, APPELLEE, AND PHILADELPHIA ASSOCIATION OF INTERNS AND RESIDENTS, INTERVENING APPELLEE



Appeals from the Order of the Court of Common Pleas of Philadelphia County in cases of Wills Eye Hospital v. Pennsylvania Labor Relations Board, No. 4217 June Term, 1972; Albert Einstein Medical Center v. Pennsylvania Labor Relations Board, No. 381 August Term, 1972; and Temple University of the Commonwealth System of Higher Education v. Pennsylvania Labor Relations Board, No. 5852 May Term, 1972.

COUNSEL

H. Thomas Felix, II, with him Kim M. Oboz and Obermayer, Rebmann, Maxwell & Hippel, for appellant, Wills Eye Hospital.

William A. Whiteside, Jr., with him Howard R. Flaxman, Nathan L. Posner and, of counsel, Fox, Rothschild, O'Brien & Frankel, for appellant, Einstein Medical Center.

Peter Platten, with him Theodore J. Martineau and, of counsel, Ballard, Spahr, Andrews & Ingersoll, for appellant, Temple University.

Anthony J. Malloy, with him Francis A. Zulli, James L. Crawford and James F. Wildeman, for appellee, Pennsylvania Labor Relations Board.

Steven E. Angstreich, with him Theodore R. Mann, Barry E. Ungar and, of counsel, Mann and Ungar, for intervening appellee, Philadelphia Association of Interns and Residents.

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

Author: Crumlish

[ 15 Pa. Commw. Page 534]

This is an appeal from an order of the lower court which affirmed orders of the Pennsylvania Labor Relations Board (Board) in a matter involving the construction

[ 15 Pa. Commw. Page 535]

    and application of the Public Employe Relations Act, Act of July 23, 1970, P.L. 563, 43 P.S. § 1101.101 et seq. (PERA). The proceedings which gave rise to this appeal commenced with petitions for representation filed by the Philadelphia Association of Interns and Residents (PAIR) alleging that it should be certified as the appropriate collective bargaining unit for the residents and clinical fellows at Wills Eye Hospital and for the interns, residents and clinical fellows at Albert Einstein Medical Center and at the hospital of Temple University of The Commonwealth System of Higher Education.

In each case the petition was dismissed by the Board in a nisi order, but exceptions thereto were filed by PAIR. A newly constituted Board vacated the previous order and directed that an election be conducted by the proposed unit members named above pursuant to Section 605 of PERA, 43 P.S. § 1101.605.*fn1 As a result of the election, PAIR was then certified by the Board as the appropriate representative for each of the above-named unit members. The Board's orders were later affirmed by the court below.

These appeals have been consolidated for purposes of argument and decision because of the similar facts and issues of law.*fn2 President Judge James S. Bowman granted appellants' petition for supersedeas pending

[ 15 Pa. Commw. Page 536]

    disposition of this appeal because the issues involved herein are of first impression. Our review, of course, is limited to a determination as to whether or not the findings of the Board are supported by substantial and legally credible evidence and whether or not the conclusions deduced therefrom are reasonable and not capricious, arbitrary or illegal. Canon-McMillan School Board v. Commonwealth of Pennsylvania, Pennsylvania ...


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