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PENNSYLVANIA SOCIAL SERVICES LOCAL 668 v. PENNSYLVANIA LABOR RELATIONS BOARD (10/05/78)

decided: October 5, 1978.

PENNSYLVANIA SOCIAL SERVICES LOCAL 668, APPELLEE,
v.
PENNSYLVANIA LABOR RELATIONS BOARD, APPELLANT. PENNSYLVANIA SOCIAL SERVICES UNION, LOCAL 668, APPELLANT, V. PENNSYLVANIA LABOR RELATIONS BOARD, APPELLEE



No. 85 May Term 1977, Appeal from the Order of the Commonwealth Court of Pennsylvania dated December 15, 1976 at 410 C.D. 1976. No. 86 May Term 1977, Appeal from the Order of the Commonwealth Court of Pennsylvania (No. 410 C.D. 1976) affirming the order of the Pennsylvania Labor Relations Board (case No. PERA-C-7567-C)

COUNSEL

James L. Crawford, Forest N. Myers, James F. Wildeman, Harrisburg, Christ J. Zervanos, for appellant in No. 85 and for appellee in No. 86.

Stephen A. Sheller, Bruce M. Ludwig, Philadelphia, for appellant in No. 86 and for appellee in No. 85.

Eagen, C. J., and O'Brien, Roberts, Pomeroy, Nix, Manderino and Larsen, JJ. O'Brien, Roberts and Pomeroy, JJ., concur in the result.

Author: Larsen

[ 481 Pa. Page 83]

OPINION

By letter dated November 21, 1975, the Department of Public Welfare (DPW) (through the Deputy Secretary of Management for the Commonwealth of Pennsylvania) informed the Pennsylvania Social Services Union, Local 668 (the Union) that prices for meals served at DPW employe cafeterias would be increased, effective January 1, 1976. The Union filed, on December 31, 1975, a charge of unfair practices with the Pennsylvania Labor Relations Board (the Labor Board), alleging that the Commonwealth (DPW), as public employer, violated sections 1201(a)(3) and (5)*fn1 of Act

[ 481 Pa. Page 84195]

, 43 P.S. ยง 1101.1201(a)(3) and (5). The "Specifications" set out in the charge of unfair practices alleged the following:

On or about November 21, 1975, the complainant employee organization was notified by a letter from John H. Jones, an agent of and for the Commonwealth, that certain financial benefits accorded to certain members of the social and rehabilitative services bargaining unit were being unilaterally changed, without prior consultation or negotiation with the complainant union.

In unilaterally raising the prices of lunches for certain Commonwealth employees the Union believes the Commonwealth has violated the intent of the aforementioned sections of the Act.

Because of the irreperable [sic] nature of this change, and the near impossibility of computing damages, we request an expedited hearing.

WHEREFORE, the Complainant respectfully requests the Pennsylvania Labor Relations Board to enter the charge upon the Docket of the said Board and to issue and cause to be served upon the Respondent above named a Complaint stating the ...


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