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INDEPENDENT ASSOCIATION PENNSYLVANIA LIQUOR CONTROL BOARD EMPLOYEES v. COMMONWEALTH PENNSYLVANIA (01/07/80)

decided: January 7, 1980.

INDEPENDENT ASSOCIATION OF PENNSYLVANIA LIQUOR CONTROL BOARD EMPLOYEES, BY FRED STAIR, PRESIDENT, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA LABOR RELATIONS BOARD, RESPONDENT. RETAIL CLERKS STATE ORGANIZING COMMITTEE, INTERVENOR



Appeal from the Order of the Pennsylvania Labor Relations Board in case of In the Matter of the Employes of the Commonwealth of Pennsylvania (Pennsylvania Liquor Control Board), Nos. PERA-U-7386-C, PERA-U-8749-C and PERA-R-10,013-C.

COUNSEL

John D. Killian, with him Killian & Gephart, for petitioner.

James F. Allmendinger, with him James L. Crawford, and Larry J. Rappoport, for respondent.

Lee Strickler, with him John D. Raup, for intervenor, Bureau of Labor Relations.

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

Author: Crumlish

[ 48 Pa. Commw. Page 343]

The Independent Association of Pennsylvania Liquor Control Board Employees (Association) appeals a decision of the Pennsylvania Labor Relations Board (Board) which resolved two Unit Clarification Petitions filed on behalf of the Pennsylvania Liquor Control Board (PLCB) and a Petition for Representation filed by the Association. The Board consolidated and heard extensive testimony on the three issues and filed separate orders in each. We affirm.

The Board determined that Liquor Store General Managers who are shift independent*fn1 and solely responsible

[ 48 Pa. Commw. Page 344]

    for the day-to-day operation of the individual state stores are "management level" employees within the meaning of Section 301(16) of the Pennsylvania Employe Relations Act (Act), Act of July 23, 1970, P.L. 563, as amended, 43 P.S. ยง 1101.301(16).*fn2 This resulted in the removal of these employees from the "meet and discuss"*fn3 supervisory unit*fn4 previously certified by the Board and represented by the Association.

The Board next determined that all employees designated "Liquor Store Clerk II" are rank and file employees. This likewise removed these employees from the "meet and discuss" supervisory unit represented by the Association and placed them in the unit represented by the Retail Clerks State Organizing Committee.*fn5

[ 48 Pa. Commw. Page 345]

Finally, the Board concluded that the Association's Petition for Representation failed to demonstrate the requisite 30% showing of interest in an appropriate unit as required by ...


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