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COMMONWEALTH PENNSYLVANIA v. COMMONWEALTH PENNSYLVANIA (01/20/76)

decided: January 20, 1976.

COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA LABOR RELATIONS BOARD
v.
COMMONWEALTH OF PENNSYLVANIA, APPELLANT



Appeal from the Order of the Pennsylvania Labor Relations Board in case of Pennsylvania Labor Relations Board v. Commonwealth of Pennsylvania and Thomas Miller, No. PERA-C-4802-C.

COUNSEL

John D. Thrush, with him Thomas H. Lane, 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 Judge Crumlish, Jr. Dissenting Opinion by Judge Rogers. President Judge Bowman and Judge Blatt join in this dissent.

Author: Crumlish

[ 23 Pa. Commw. Page 50]

This is an appeal from a final order of the Pennsylvania Labor Relations Board (Board) dismissing the Commonwealth of Pennsylvania's (Commonwealth) exceptions to its Nisi Decision and Order directing the Commonwealth to comply with an arbitration award dated February 8, 1974. We reverse and remand.

The genesis of this appeal was the Commonwealth's refusal to comply with an arbitration award issued under Section 903 of the Public Employe Relations Act, Act of July 23, 1970, P.L. 563, as amended, 43 P.S. § 1101.903*fn1

[ 23 Pa. Commw. Page 51]

(PERA) which directed that an employee of the Department of Public Welfare be restored to her position as Assistance Technician Trainee or its equivalent.*fn2 The Commonwealth contended that the arbitrator exceeded his authority, thereby violating Section 702 of PERA*fn3 sentatives." 43 P.S. § 1101.702.

     and in complying the Commonwealth would be in violation of Section 703 of PERA,*fn4 whereupon the employee

[ 23 Pa. Commw. Page 52]

    through her bargaining representative, the Pennsylvania Social Services Union (PSSU), filed an unfair practice charge pursuant to Section 1201(a)(8) of PERA*fn5 to enforce the award. Pursuant to Section 1302 of PERA,*fn6 the Board issued a complaint and after a hearing, a nisi decision and order was entered, setting forth the Board's finding of fact and conclusions of law which in essence ordered the Commonwealth to comply with the arbitration award. Exceptions were filed by the Commonwealth challenging the validity of ...


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