Appeal from the Order of the Court of Common Pleas of Allegheny County in case of In the Matter of Churchill Area School District, Employer, and Pennsylvania Labor Relations Board, and Churchill Area Education Association, PSEA/NEA, Union for Employees, S.A. No. 284 of 1975.
J. Robert Maxwell, with him Maxwell & Huss, for appellant.
John R. DeAngelis, for appellee.
Raymond W. Cromer, with him James L. Crawford, and Forest N. Myers, for Pennsylvania Labor Relations Board.
Judges Kramer, Mencer and Rogers, sitting as a panel of three. Opinion by Judge Rogers.
[ 30 Pa. Commw. Page 414]
In November 1970, the Pennsylvania Labor Relations Board (PLRB) certified the Churchill Area Education Association (Union) as the exclusive representative for the full-time and regular part-time teachers, guidance counselors, home and school visitors, nurses and librarians of the Churchill Area School District (Employer). On March 18, 1974, the Union filed a Request for Unit Clarification with the PLRB seeking an order that the employe unit just described should be expanded to include the Coordinator of Athletics, a position which had existed since prior to November 1970. The PLRB, after hearing, granted the Union's Request and the Court of Common Pleas of Allegheny County affirmed. The Employer has appealed.
The Employer has resisted the Union's application on two principal grounds, first that the Union's Request for Unit Clarification was untimely made, and second, that the position of Coordinator of Athletics
[ 30 Pa. Commw. Page 415]
of the Employer is either managerial or supervisory and hence may not under PERA be included with a unit of rank and file public employes.*fn1
The Employer's attack on the Union's request as untimely is based on Section 1505 of the Public Employe Relations Act (PERA), Act of July 23, 1970, P.L. 563, as amended, 43 P.S. § 1101.1505, which provides:
Petitions filed under this act shall be heard expeditiously and, if possible, within ten days after they have been docketed. No petitions or charges ...