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LYCOMING COUNTY PRISON BOARD v. COMMONWEALTH PENNSYLVANIA (08/31/79)

decided: August 31, 1979.

LYCOMING COUNTY PRISON BOARD
v.
COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF LABOR AND INDUSTRY ET AL. COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA LABOR RELATIONS BOARD, APPELLANT. LYCOMING COUNTY PRISON BOARD V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF LABOR AND INDUSTRY ET AL. DISTRICT COUNCIL 86, AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, AFL-CIO, APPELLANT



Appeals from the Order of the Court of Common Pleas of Lycoming County in case of Lycoming County Prison Board v. Commonwealth of Pennsylvania, Department of Labor and Industry, Pennsylvania Labor Relations Board and District Council 86, American Federation of State, County and Municipal Employees, AFL-CIO, No. 77-3458.

COUNSEL

Jonathan K. Walters, with him Richard Kirschner, and Markowitz & Kirschner, for District Council 86, American Federation of State, County and Municipal Employees, AFL-CIO.

Donald A. Wallace, with him James L. Crawford, for Pennsylvania Labor Relations Board.

Charles J. McKelvey, with him William R. Tait, Jr., and McNerney, Page, Vanderlin & Hall, for Lycoming County Prison Board.

President Judge Bowman and Judges Crumlish, Jr., Wilkinson, Jr., Mencer, Rogers, Craig and MacPhail. Judges Blatt and DiSalle did not participate. Opinion by President Judge Bowman.

Author: Bowman

[ 45 Pa. Commw. Page 309]

These appeals are brought by the Pennsylvania Labor Relations Board (PLRB) and District Council 86, American Federation of State, County and Municipal Employees, AFL-CIO (AFSCME) from an order of the Court of Common Pleas of Lycoming County reversing in part and affirming in part an order of the PLRB that the Prison Board of Lycoming County (Prison Board) had violated Sections 1201(a)(1) and 1201(a)(5) of the Public Employe Relations Act (Act 195),*fn1 43 P.S. §§ 1101.1201(a)(1), .1201(a)(5).

The history of this case dates back to June of 1975 when the PLRB certified AFSCME as the exclusive bargaining agent for all full and regular part-time

[ 45 Pa. Commw. Page 310]

    prison guards and matrons employed by the Prison Board, which is identified as the public employer in the certification. The Board is composed of the Lycoming County Commissioners, Sheriff, Judges, Controller and District Attorney. See Section 1 of the Act of May 16, 1921, P.L. 579, as amended, 61 P.S. § 408.*fn2

Subsequent to certification, bargaining between the Prison Board and AFSCME began. An impasse was reached, the provisions of Sections 805 and 806 of Act 195, 43 P.S. §§ 1101.805, .806, were implemented, and the matter was submitted to binding arbitration.

Prior to resolution by arbitration, however, the General Assembly promulgated the Act of June 29, 1976, P.L. 460 (Act 115), which amended Section 1620 of the County Code, Act of August 9, 1955, P.L. 323, 16 P.S. § 1620 in the following manner:

The salaries and compensation of county officers shall be as now or hereafter fixed by law. The salaries and compensation of all appointed officers and employes who are paid

[ 45 Pa. Commw. Page 311]

    from the county treasury shall be fixed by the salary board created by this Act for such purposes: Provided, however, That with respect to representation proceedings before the Pennsylvania Labor Relations Board or collective bargaining negotiations involving any or all employes paid from the county treasury, the Board of County Commissioners shall have the sole power and responsibility to represent judges of the Court of Common Pleas, the county and all elected or appointed county officers having any employment powers over the affected employes. The exercise of such responsibilities by the county commissioners shall in no way affect the ...


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