Appeal from the Order of the Court of Common Pleas of Franklin County in case of Franklin County Prison Board v. Pennsylvania Labor Relations Board, Volume W, Page 485.
Jay R. Braderman, with him Baskin, Boreman, Wilner, Sachs, Gondelman & Craig, for appellant.
Donald A. Wallace, with him James L. Crawford, for appellee.
Richard Kirschner, Jonathan K. Walters, and Markowitz and Kirschner, for intervenor.
President Judge Bowman and Judges Crumlish, Jr., Wilkinson, Jr., Mencer, Rogers and MacPhail. Judges Blatt, Craig and DiSalle did not participate. Opinion by President Judge Bowman.
[ 45 Pa. Commw. Page 319]
Appellant, Franklin County Prison Board (Prison Board) has appealed an order of the Court of Common Pleas of Franklin County which dismissed appellant's petition for review of a final order of the Pennsylvania Labor Relations Board (PLRB) and ordered enforcement of said PLRB order. For the reasons stated below, we shall reverse.
The Prison Board, certified to be a "public employer"*fn1 within the meaning of Section 301(1) of the Public Employe Relations Act (Act 195),*fn2 43 P.S. § 1101.301(1), and District Council 89, American Federation of State, County and Municipal Employees (AFSCME), the certified bargaining representative of Franklin County prison guards, had reached an impasse
[ 45 Pa. Commw. Page 320]
in collective bargaining. Therefore, pursuant to Section 805 of Act 195, 43 P.S. § 1101.805, the impasse was submitted to a panel of arbitrators. The arbitrators issued their award on March 31, 1976. The arbitrators' award was submitted to the Franklin County Salary Board, which, at a duly convened meeting on April 9, 1976, unanimously rejected the award.
On April 26, 1976, the Prison Board having refused to implement said award, AFSCME filed a charge of unfair labor practices with the PLRB. After hearing, the PLRB issued a nisi decision and order, concluding that the Prison Board, in refusing to implement the arbitration award, had committed an unfair labor practice in violation of Section 1201(a)(1) of Act 195, 43 P.S. § 1101.1201(a)(1), and ordering the Prison Board to implement the award. Timely exceptions were filed by the Prison Board, which exceptions were dismissed by final order issued by the PLRB on June 16, 1977. From this final order, the Prison Board filed a petition for review with the Court of Common Pleas of Franklin County. That court ordered, on April 5, 1978, that the PLRB's final order "be enforced in its entirety."
The Prison Board argues that it cannot be ordered to enforce the arbitrators' award because it has no authority to implement the award. The Prison Board argues that an arbitrators' award establishing salaries must be approved by the action of either the Franklin County Salary Board or the Franklin County Commissioners, which action would constitute a "legislative enactment" within the meaning of ...