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BOARD JUDGES v. BUCKS COUNTY COMMISSIONERS (07/14/78)

SUPREME COURT OF PENNSYLVANIA


decided: July 14, 1978.

BOARD OF JUDGES, COURT OF COMMON PLEAS OF BUCKS COUNTY, SEVENTH JUDICIAL DISTRICT OF PENNSYLVANIA, BY ITS PRESIDENT JUDGE, LAWRENCE A. MONROE, APPELLANT,
v.
BUCKS COUNTY COMMISSIONERS, GEORGE M. METZGER, CHAIRMAN, ET AL., PENNSYLVANIA LABOR RELATIONS BOARD, AMERICAN FEDERATION OF STATES, COUNTY AND MUNICIPAL EMPLOYEES, DISTRICT COUNCIL 88, AFL-CIO, AND PENNSYLVANIA, SOCIAL SERVICES UNION, LOCAL 668, AFL-CIO

No. 368 January Term, 1977, Appeal from the Order of the Commonwealth Court of Pennsylvania filed September 10, 1976, at No. 9 T.D., 1976, revising the order and setting aside petitions for representation of the Pennsylvania Labor Relations Board, at Cases Nos. PERA-R-7138-E and PERA-R-7194-E.

COUNSEL

Robert M. Crooks, Morrisville, for appellants at No. 368.

James F. Wildeman, James L. Crawford, Harrisburg, for Pennsylvania Labor Relations Bd.

Richard Kirschner, Philadelphia, for intervenor, AFL-CIO.

Marvin Comisky, Alan C. Gershenson, Kenneth F. Kahn, Andrea B. Wapner, Philadelphia, Jonathan Vipond, III, Harrisburg, for Admn. Office of Pa. Courts.

Morton Meyers, Johnstown, for Judges of Cambria County.

Charles N. Sweet, Morrisville, for County of Bucks.

Stephen A. Sheller, Philadelphia, for Pa. Social Services Union.

Robert Kane, Atty. Gen., for Dept. of Justice.

Eagen, C. J., and O'Brien, Roberts, Pomeroy, Nix, Manderino and Packel, JJ. Packel, J., did not participate in the decision of this case. Manderino, J., joins and files a concurring opinion. Nix, J., concurs in the result.

Author: Roberts

[ 479 Pa. Page 456]

OPINION OF THE COURT

In this appeal, we conclude that commissioners of Bucks County, a county of the third class, are the managerial representatives in proceedings under Act 195 involving court personnel of Bucks County and nothing in the record demonstrates an unconstitutional infringement upon the independence of the judiciary. Act of June 29, 1976, P.L. 460, § 1, amending Act of August 9, 1955, P.L. 323, § 1620, 16 P.S. § 1620 (1956 and Supp.1977); Ellenbogen v. County of Allegheny, 479 Pa. 429, 388 A.2d 730 (1978); Sweet v. Pennsylvania Labor Relations Board, 479 Pa. 449, 388 A.2d 740 (1978) (Sweet II).

Accordingly, the order of the Commonwealth Court is vacated and the case is remanded to the Pennsylvania Labor Relations Board for proceedings consistent with this opinion.

[ 479 Pa. Page 457]

MANDERINO, Justice, concurring.

I join in the opinion of Mr. Justice Roberts and incorporate herein my concurring opinion in Ellenbogen v. County of Allegheny, 479 Pa. 429, 388 A.2d 730 (1978).

19780714

© 1998 VersusLaw Inc.



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