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COMMONWEALTH PENNSYLVANIA v. PENNSYLVANIA SOCIAL SERVICES UNION (02/10/76)

decided: February 10, 1976.

COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA LABOR RELATIONS BOARD
v.
PENNSYLVANIA SOCIAL SERVICES UNION, LOCAL 668, AFFILIATED WITH SERVICE EMPLOYEES INTERNATIONAL UNION, AFL-CIO, APPELLANT



Appeal from the Order of the Pennsylvania Labor Relations Board in case of Pennsylvania Labor Relations Board v. Commonwealth of Pennsylvania, No. PERA-C-5825-C.

COUNSEL

Eric B. Chaikin, with him Stephen A. Sheller, and Pechner, Dorfman, Wolffe, Moss & Rounick, 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 Kramer.

Author: Kramer

[ 23 Pa. Commw. Page 279]

This is an appeal by the Pennsylvania Social Services Union, Local 668 from an adjudication and "Nisi Order of Dismissal" of the Pennsylvania Labor Relations Board dated July 25, 1975, which dismissed a charge of unfair labor practices filed by the Union against the Commonwealth of Pennsylvania. The charge was filed under the provisions of the Public Employe Relations Act (PERA), Act of July 23, 1970, P.L. 563, as amended, 43 P.S. ยง 1101.101 et seq.

The Commonwealth and the Union, pursuant to an order of certification and after meeting and discussing, entered into a Memorandum of Understanding dated January 30, 1974, for the term of January 30, 1974, through June 30, 1975. On November 19, 1974, an attorney for the Commonwealth's Bureau of Labor Relations sent a letter to the Union setting forth a "clarification" of one of the recommendations of the Memorandum of Understanding. The Union, claiming that this clarification was a unilateral change of the Memorandum of Understanding without further meetings and discussions, filed its charge of unfair practices with the Board. A full hearing was held after which the Board issued its "Nisi Order of Dismissal." After reciting the usual findings of fact and conclusions, the Board issued an order which reads as follows:

Order

"The Pennsylvania Labor Relations Board, therefore, after due consideration of the foregoing and the record as a whole,

Hereby Orders and Directs

     that the Charge of Unfair Practices filed by Pennsylvania Social Services Union, Local 668, SEIU, AFL-CIO, on December 16, 1974 with the Pennsylvania Labor Relations Board, be and the same are hereby dismissed and the Complaint issued thereon is rescinded.

[ 23 Pa. Commw. Page ...


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