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COMMONWEALTH PENNSYLVANIA v. FRANK V. RIZZO (09/10/75)

decided: September 10, 1975.

COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA LABOR RELATIONS BOARD, APPELLEE, AND COMMONWEALTH OF PENNSYLVANIA, BUREAU OF LABOR RELATIONS, INTERVENING APPELLEE,
v.
FRANK V. RIZZO, APPELLANT



Appeal from the Order of the Pennsylvania Labor Relations Board in case of Pennsylvania Labor Relations Board v. Commonwealth of Pennsylvania (Milk Marketing Board), No. PERA-C-3900-C.

COUNSEL

L. Dennis Revak, for appellant.

Roger M. Simon, with him James F. Wildeman, Assistant Attorney General, and James L. Crawford, Assistant Attorney General, for appellee.

John D. Raup, Assistant Attorney General, for intervening appellee.

Judges Wilkinson, Jr., Mencer and Rogers, sitting as a panel of three. Opinion by Judge Mencer.

Author: Mencer

[ 21 Pa. Commw. Page 218]

The dispositive issue in this appeal is whether Section 1505 of the Public Employe Relations Act, Act of July 23, 1970, P.L. 563, as amended (Act 195), 43 P.S. § 1101.1505 (Supp. 1975-1976), prohibits the Pennsylvania Labor Relations Board (Board) from considering evidence of events which occurred beyond the four-month statutory period computed from the date of filing of an unfair labor practice charge, where occurrences within the statutory period, in and of themselves, do not, as a substantive matter, constitute an unfair labor practice. Were we to find that Act 195 does not prohibit such considerations, we would then be compelled to resolve the other issues presented by appellant. However, we find that Act 195 does prohibit such considerations and we therefore affirm.

The history of appellant's litigation is quite long and complex and, because it is also not very edifying, we will confine our recital to the essentials.

From 1959 until July of 1973, Frank V. Rizzo (appellant) was employed as an auditor with the Milk Marketing Board. At meetings on January 25, 1973 and February 8, 1973, appellant made protests to certain supervisory personnel concerning working conditions of, and benefits payable to, auditors. These protests were later found by the appellee Board to rise to the level of protected concerted actions envisioned by Article IV of Act 195.*fn1

Appellant was discharged on July 18, 1973. The Pennsylvania Civil Service Commission found just cause for the discharge and this Court affirmed. Rizzo v. Civil Service Commission, 17 Pa. Commonwealth. 474, 333 A.2d 212 (1975).

On August 27, 1973, appellant filed charges of unfair practice with the appellee Board. These charges were premised on clauses (3) and (4) of subsection (a) of

[ 21 Pa. Commw. Page 219]

Section 1201 of Act 195, 43 P.S. § 1101.1201 (Supp. 1975-1976). ...


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