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DOCTORS OSTEOPATHIC HOSPITAL v. PENNSYLVANIA LABOR RELATIONS BOARD AND AMERICAN FEDERATION STATE (07/08/77)

decided: July 8, 1977.

DOCTORS OSTEOPATHIC HOSPITAL, APPELLANT,
v.
PENNSYLVANIA LABOR RELATIONS BOARD AND AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES



COUNSEL

Richard H. Zamboldi, Elderkin, Martin, Kelly, Messina & Zamboldi, Erie, for appellant.

James F. Wildeman, Raymond W. Cromer, Forest N. Myers, Pa. Labor Relations Board, Harrisburg, Richard Kirschner, Philadelphia, for Amer. Fed. of State, County & Municipal Employees Intervenor.

Neal Goldstein, Miriam L. Gafni, Markowitz & Kirschner, Philadelphia, for appellee.

Eagen, C. J., and O'Brien, Roberts, Pomeroy, Nix and Manderino, JJ.

Author: Manderino

[ 473 Pa. Page 408]

OPINION

Pursuant to a Petition for Representation filed with the Pennsylvania Labor Relations Board ("Board") by the American Federation of State, County, and Municipal Employees ("Union"), hearings were held and an election was conducted to determine the exclusive representative of the employees of appellant, Doctors Osteopathic Hospital ("Hospital").

The election resulted in 125 votes in favor of representation by the Union, 100 votes for no representation, and 36 ballots challenged by appellant. The Board conducted a hearing, and took testimony as to the challenged ballots. On October 18, 1973, the Board certified the Union as the exclusive representative of Hospital's employees,

[ 473 Pa. Page 409]

    excluding confidential, supervisory and management level employees, and guards. Appellant's exceptions to the Board's order were dismissed on January 17, 1974.

On February 14, 1974, appellant appealed to the Court of Common Pleas of Erie County, which, on October 3, 1974, affirmed the Board's order. Appellant then filed a "Petition for Reargument and Reconsideration", and on October 8, 1974, the Erie County court issued the following Order:

"ORDER

AND NOW, this 8 day of October, 1974, it is hereby ordered that the parties are directed to show cause why the Opinion and Order of October 3, 1974, should not be reconsidered and revised pursuant to the Petition for Reargument and Reconsideration. The parties may submit briefs in support of their respective positions on or before Nov. ...


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