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JACK F. MAGGS v. COMMONWEALTH PENNSYLVANIA (04/16/80)

decided: April 16, 1980.

JACK F. MAGGS, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA LABOR RELATIONS BOARD, RESPONDENT



Appeal from the Order of the Pennsylvania Labor Relations Board in case of Pennsylvania Labor Relations Board v. AFSCME, AFLCIO Council 13, No. PERA C-12.633-C.

COUNSEL

McCormick, Reeder, Nichols, Sarno, Bahl & Knecht, for petitioner.

James L. Crawford, with him Donald A. Wallace, for respondent.

Judges Wilkinson, Jr., Mencer and MacPhail, sitting as a panel of three. Opinion by Judge Wilkinson, Jr.

Author: Wilkinson

[ 50 Pa. Commw. Page 550]

Petitioner appeals from the refusal of the Pennsylvania Labor Relations Board (Board) to issue a complaint on a charge of unfair practices brought against the Department of Transportation (Department). We affirm.

On June 30, 1978 petitioner was furloughed from his position as a Surveyor-Technician Supervisor in the District 3-0 Office of the Department. Petitioner was a member of the American Federation of State, County, and Municipal Employees (Union), his certified bargaining representative, and was subject to a Memorandum between the Commonwealth and the Union, including its provisions governing grievance and arbitration procedures. Pursuant to the terms of the Memorandum, petitioner individually filed a grievance with the District 3-0 office alleging that his furlough was the result of an improper classification of his position. Petitioner's grievance was denied

[ 50 Pa. Commw. Page 551]

    through the first four steps of the grievance procedure. By letter dated October 10, 1978 the local Council of the Union requested submission of petitioner's grievance to arbitration. Petitioner, individually, likewise requested submission of his grievance to arbitration. By letter dated October 30, 1978 the local Council of the Union withdrew its request for arbitration. On January 30, 1979 the Commonwealth Bureau of Labor Relations denied petitioner's request for arbitration on the basis that individual employees cannot invoke arbitration under the terms of the Memorandum. On April 6, 1979 petitioner filed with the Board a Charge of Unfair Practices against the Department, alleging that the Department had engaged in unfair practices in violation of Section 1201(a)(5) of the Public Employe Relations Act (Act), Act of July 23, 1970, P.L. 563, as amended, 43 P.S. § 1101.1201(a)(5).*fn1 The Board refused to issue a complaint because the specification of charges did not state a cause of action under Article XII of the Act.

In seeking from this Court an order that a complaint be issued against the Department for its failure to process to arbitration his grievance, petitioner argues that the provisions of the Act give an employee the right to individually take his grievance to arbitration. Petitioner offers in support of his position Section 903 of the Act, 43 P.S. § 1101.903, which provides for the mandatory arbitration of disputes or grievances arising out of the interpretation of collective

[ 50 Pa. Commw. Page 552]

    bargaining agreements in the public sector, and Section 606 of the Act, 43 P.S. § 1101.606, which reads:

Representatives selected by public employes in a unit appropriate for collective bargaining purposes shall be the exclusive representative of all the employes in such unit to bargain on wages, hours, terms and conditions of employment: Provided, That any individual employe or group of employes shall have the right at any time to present grievances to their employer and to have them adjusted without the intervention of the bargaining representative as long as the adjustment is not inconsistent with the terms of a collective bargaining ...


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