No. 43 January Term, 1977, Appeal from Order of the Commonwealth Court dated August 9, 1976, at No. 1333 C.D. 1976
Stephen A. Sheller, Bruce M. Ludwig, Philadelphia, for appellant.
Michael H. Small, Asst. Atty. Gen., Middletown, for appellees.
Eagen, C. J., and O'Brien, Roberts, Pomeroy, Nix, Manderino and Larsen, JJ. Pomeroy, former J., took no part in the decision of this case. Manderino, J., files a dissenting opinion.
Appellee, the Commonwealth of Pennsylvania, filed a complaint in equity in Commonwealth Court against appellants, the Joint Bargaining Committee for the Pennsylvania Social Services Union and Pennsylvania Employment Security Employees' Association, Locals 668 and 675 of the Service Employees' International Union, AFL-CIO (hereafter Union) and certain union officials. The Commonwealth sought to enjoin the Union from engaging in work stoppages during the pendency of certain statutorily prescribed negotiations.*fn1 Commonwealth Court granted an injunction and this appeal followed.*fn2
Subsequent to the filing of this appeal, the Commonwealth filed a motion to dismiss the appeal as moot. The Union filed an answer and new matter to a motion to dismiss. The basis of the Commonwealth's motion to dismiss is that after Commonwealth Court issued its junction, the parties completed factfinding and entered into Revised Articles of Agreement effective December 22, 1976. It is the Commonwealth's position that the signing of the new contract has rendered the instant appeal moot. We agree.
In Scranton School Dist. v. Scranton Fed. of Teachers, 445 Pa. 155, 282 A.2d 235 (1971), this Court in a per curiam order stated:
"On December 21, 1970, the Scranton Federation of Teachers Local No. 1147 commenced a strike against the Scranton School District in support of wage and contract
demands. The Court of Common Pleas of Lackawanna County subsequently issued a preliminary injunction on January 18, 1971, prohibiting any continuation of the strike and this appeal was filed. Since oral argument before this Court on April 27, 1971, it has been brought to our attention that a collective bargaining agreement was executed by the parties on July 15, 1971. That agreement has resolved the controversy and renders this appeal moot. Taylor Fibre Co. v. Textile Workers Union of America, 395 Pa. 535, 151 A.2d 79 (1959); Glen Alden Coal Co. v. Anthracite Miners of America, 319 Pa. 192, 179 A. 446 (1935). See also, Samoff v. Int'l Ass'n of Machinists District Lodge No. 1, 420 F.2d 952 (3d Cir. 1969), cert. denied 398 U.S. 965, 90 S.Ct. 2171, 26 L.Ed.2d 548 (1970). The appeal is therefore dismissed without prejudice, each party to pay its own costs."
In the answer to the motion to dismiss, the Union first argues that the appeal is not moot because of possible collateral effects from disciplinary reprimands placed in the employment files of "several members" of the Union who participated in the work stoppages. The Union's second argument is that even assuming mootness, this Court should hear the case under the exceptions to the mootness doctrine. See ...