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HENRY ELLENBOGEN v. COUNTY ALLEGHENY (07/14/78)

decided: July 14, 1978.

HENRY ELLENBOGEN, PRESIDENT JUDGE, ON BEHALF OF THE JUDGES OF THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, FIFTH JUDICIAL DISTRICT, APPELLANT,
v.
COUNTY OF ALLEGHENY, JAMES FLAHERTY, THOMAS J. FOERSTER, ROBERT PEIRCE, AS ALLEGHENY COUNTY COMMISSIONERS, PENNSYLVANIA LABOR RELATIONS BOARD, AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYES, AFL-CIO, SERVICE EMPLOYEES INTERNATIONAL UNION, AFL-CIO, ALLEGHENY COUNTY ASSOCIATED PROFESSIONAL EMPLOYEES AND ROBERT P. KANE, ATTORNEY GENERAL OF THE COMMONWEALTH OF PENNSYLVANIA



No. 117 March Term, 1977, Petition For Declaratory Judgment.

COUNSEL

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.

Author: Roberts

[ 479 Pa. Page 431]

OPINION OF THE COURT

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.

I

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

[ 479 Pa. Page 432]

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. ...


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