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COMMONWEALTH PENNSYLVANIA v. TEAMSTERS UNION LOCAL NO. 77 (07/23/75)

decided: July 23, 1975.

COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA LABOR RELATIONS BOARD
v.
TEAMSTERS UNION LOCAL NO. 77, APPELLANT



Appeal from the Order of the Pennsylvania Labor Relations Board is case of In Re: Broadmeadows Prison Arbitration, Case No. PERA-AA-4286-C.

COUNSEL

Robert D. Kaplan, with him Howard J. Casper, and Casper & Muller, for appellant.

James L. Crawford, Assistant Attorney General, with him James F. Wildeman, Assistant Attorney General, for appellee.

President Judge Bowman and Judges Crumlish, Jr., Kramer, Wilkinson, Jr., Mencer, Rogers and Blatt. Opinion by President Judge Bowman.

Author: Bowman

[ 20 Pa. Commw. Page 411]

Whether the Pennsylvania Labor Relations Board (PLRB) must compensate each of the three arbitrators selected pursuant to section 806 of the Public Employe Relations Act*fn1 to arbitrate a collective bargaining impasse involving prison guards is the issue before this Court. The PLRB contends that it, in furtherance of the public policy of the Act, should only compensate the neutral member of the panel and that the parties should each pay for their respective appointee to the panel.

With regard to the circumstances that give rise to this controversy suffice it to say that a collective bargaining impasse was reached, mediation failed to resolve that impasse, and, pursuant to the mandatory dictates of section 805 of the Act, 43 P.S. § 1101.805, the impasse was submitted to binding arbitration.

At the conclusion of the arbitration, the union's appointee submitted a bill to the union for his services, which bill was forwarded to the PLRB for payment. After hearing before the PLRB and upon its refusal to make said payment, appeal was taken to this Court.

Section 805 of the Act mandates binding arbitration for prison guards in the event of a collective bargaining impasse.

The selection of members of an arbitration panel is the subject of section 806, which provides:

"§ 1101.806 Selection of arbitrators for units involving guards and court personnel

"Panels of arbitrators for bargaining units referred to in section 805 of this article shall be ...


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