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COMMONWEALTH PENNSYLVANIA EX REL. EDWARD J. BRADLEY (PRESIDENT JUDGE ACTING INDIVIDUALLY AND ON BEHALF ALL JUDGES COURT COMMON PLEAS PHILADELPHIA) v. PENNSYLVANIA LABOR RELATIONS BOARD AND RAYMOND L. SCHEIB AND JOSEPH J. LICASTRO AND JAMES H. JONES (07/14/78)

decided: July 14, 1978.

COMMONWEALTH OF PENNSYLVANIA EX REL. EDWARD J. BRADLEY (PRESIDENT JUDGE ACTING INDIVIDUALLY AND ON BEHALF OF ALL THE JUDGES OF THE COURT OF COMMON PLEAS OF PHILADELPHIA), APPELLANT,
v.
PENNSYLVANIA LABOR RELATIONS BOARD AND RAYMOND L. SCHEIB AND JOSEPH J. LICASTRO AND JAMES H. JONES, RESPONDENTS, AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, AFL-CIO, INTERVENOR



No. 366 January Term, 1977, Appeal from the Order of the Commonwealth Court of Pennsylvania in No. 35 T.D. 1975.

COUNSEL

Warren M. Laddon, Philadelphia, for appellants at No. 366.

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 442]

OPINION OF THE COURT

This appeal presents the question whether court reporters of Philadelphia are "public employes" enjoying rights under the Public Employe Relations Act (Act 195),*fn1 and, if so, whether Act 195 unconstitutionally interferes with the independence of the judiciary.*fn2 We hold that court reporters are "public employes," and Act 195 is constitutional.

I

Procedural ...


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