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MATTER EMPLOYEES HARRISBURG HOSPITAL (MENTAL HEALTH CENTER). HARRISBURG HOSPITAL (05/26/76)

decided: May 26, 1976.

IN THE MATTER OF THE EMPLOYEES OF HARRISBURG HOSPITAL (MENTAL HEALTH CENTER). HARRISBURG HOSPITAL, APPELLANT


Appeal from the Order of the Court of Common Pleas of Dauphin County in case of In the Matter of the Employes of: Harrisburg Hospital (Mental Health Center), No. 1822 June Term, 1974.

COUNSEL

Jonathan L. Alder, with him Peter D. Post, and Reed, Smith, Shaw & McClay, for appellant.

Forest N. Myers, Assistant Attorney General, with him James F. Wildeman, Assistant Attorney General, for Pennsylvania Labor Relations Board.

Stephen A. Sheller, with him Eric B. Chaikin, and Pechner, Dorfman, Wolffe & Rounick, for Pennsylvania Social Services Union.

President Judge Bowman and Judges Crumlish, Jr., Kramer, Wilkinson, Jr., Mencer and Blatt. Judge Rogers did not participate. Opinion by Judge Blatt.

Author: Blatt

[ 24 Pa. Commw. Page 635]

This appeal is from an order of the Court of Common Pleas of Dauphin County, entered August 21, 1975, dismissing an appeal by the Harrisburg Hospital (Hospital) from the final order of the Pennsylvania Labor Relations Board (PLRB) dated July 11, 1974.

Pursuant to a representation petition filed with the PLRB, an election was held among various professional and non-professional employes of the hospital which resulted in the PLRB determining an appropriate unit

[ 24 Pa. Commw. Page 636]

    of said employes, holding an election and ordering the certification of the Pennsylvania Social Services Union (PSSU) as the bargaining representative of that unit. The Hospital contested the certification, its primary allegation being that the unit certified by the PLRB was not appropriate, and it thereby exhausted its administrative remedies with the PLRB. An appeal was then taken pursuant to the Public Employe Relations Act*fn1 (PERA) to the Court of Common Pleas of Dauphin County where the PLRB's order was sustained. An appeal to this Court was taken pursuant to the Appellate Court Jurisdiction Act of 1970.*fn2 Motions to quash the appeal were filed by both the PSSU, on October 17, 1975, and the PLRB, on November 7, 1975. The issue presented by these motions is whether or not this Court now lacks jurisdiction of this appeal as a result of recent amendments to the federal Labor Management Relations Act, 1947, 29 U.S.C. § 141, et seq., signed into law on July 26, 1974 and effective August 26, 1974.*fn3

While this matter was pending, the PSSU filed a petition with the NLRB to be certified as the sole collective bargaining representative for the unit of professional and non-professional employes of Harrisburg Hospital previously designated by the PLRB as appropriate and for which the PSSU received state certification as exclusive bargaining representative. The NLRB took jurisdiction of the petition (Case No. 4-RC-11426) and, on September 30, 1975, granted comity to the certification

[ 24 Pa. Commw. Page 637]

    of PSSU by the PLRB, according to the PLRB certification the same effect as that ...


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