Appeal from the Order of the Court of Common Pleas of Susquehanna County in case of County Commissioners of Susquehanna County v. Pennsylvania Labor Relations Board, No. 1978-7.
Susan Shinkman, with her James L. Crawford, for appellant.
Robert J. Simmons, with him Stephen J. Cabot, and Pechner, Dorfman, Wolffe, Rounick & Cabot, for appellee.
Judges Crumlish, Jr., Rogers and Craig, sitting as a panel of three. Opinion by Judge Craig.
[ 45 Pa. Commw. Page 103]
The Pennsylvania Labor Relations Board (PLRB) has appealed an order of the Court of Common Pleas of Susquehanna County which set aside an order of the PLRB certifying the Service Employees International Union, Local No. 406, as bargaining agent for employees of Susquehanna County under the county commissioners. We conclude that we must vacate the lower court's order and remand.
The PLRB conducted an election on May 19, 1977 which ended in a 9-9 tie on the question of union representation or not.
[ 45 Pa. Commw. Page 104]
The union and appellee each challenged one ballot. The union sought to disqualify Evan Price, the county's chief clerk; the county commissioners tried to discount the ballot of Frances Cantone, a custodian.
The PLRB decided that Mr. Price was not eligible to vote and that Mrs. Cantone's ballot was proper. It accordingly ordered the certification of the union after denying appellee's exceptions.
For our decision, we must note two hearings in the history of this case.
On February 28, 1977, before the election, the PLRB, through a hearing examiner, conducted a hearing on the petitions for representation filed with the PLRB under Section 603(a) of the Public Employee Relations Act (PERA)*fn1 to determine the scope of the nascent bargaining unit.
On June 24, 1977, after the election, the PLRB, through the same hearing examiner, conducted another hearing to resolve the voting eligibility status of Price and Cantone and the respective challenges to their ballots.
The lower court's reversal of the PLRB's order rests on the alleged improper, capricious and arbitrary conduct of the ...