No. 117 March Term, 1977, Petition For Declaratory Judgment.
Scott F. Zimmerman, James J. Restivo, Jr., Pittsburgh, for appellant.
Alexander Jaffurs, Thomas H. Hough, Pittsburgh, for Allegheny County Com'rs.
Paul H. Titus, Pittsburgh, for Allegheny County Associated Professional Employees.
Louis B. Kushner, Pittsburgh, for Service Employees International.
Richard Kirschner, Philadelphia, for American Fed. of State, County & Municipal Employees.
James L. Crawford, Robert Kane, Atty. Gen., Harrisburg, for Pennsylvania Labor Relations Bd.
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.
Petitioner judges of the Court of Common Pleas of Allegheny County seek a declaratory judgment*fn1 identifying the managerial representative for purposes of collective bargaining and representation proceedings under the Public Employe Relations Act (Act 195)*fn2 involving employees they supervise.*fn3 We conclude that respondents Allegheny County commissioners are the managerial representatives for purposes of these proceedings and remand to the Pennsylvania Labor Relations Board for proceedings consistent with this opinion.
On May 3, 1972, the American Federation of State, County, and Municipal Employes (AFSCME) filed a petition for representation with the Pennsylvania Labor Relations Board (Board) alleging that AFSCME represented at least thirty per cent of "court" or "court-related" employees of Allegheny
County.*fn4 The Service Employees International Union (SEIU) requested leave to intervene in the proceedings and the Board granted the request. The Juvenile and Adult Probation Officers of Allegheny County (JAPOAC) also filed a petition for representation and sought to represent probation officers of Allegheny County. ...