Appeals from the Order of the Court of Common Pleas of Venango County in case of Venango/Clarion Mental Health Center, Inc. v. Pennsylvania Labor Relations Board, C.P.P.D. No. 97-1979.
James L. Crawford, with him Anthony C. Bisillo and Mary Theresa Gavigan, Assistant Attorneys General, for appellant.
Alex E. Echard, Felice Associates, Incorporated, for appellee.
Richard Kirschner, with him Theodore M. Lieverman, Kirschner, Walters & Willig, for American Federation of State, County and Municipal Employees, District Council 85, AFL-CIO, intervenor.
Judges Mencer, Craig and MacPhail, sitting as a panel of three. Opinion by Judge Craig. Dissenting Opinion by Judge Mencer.
[ 52 Pa. Commw. Page 342]
The Pennsylvania Labor Relations Board (board) appeals from an order of the Court of Common Pleas of Venango County which reversed a decision of the board dismissing a petition for unit clarification filed by the Venango/Clarion Mental Health Center, Inc. (employer).
On September 26, 1976, the American Federation of State, County and Municipal Employees (AFSCME) filed with the board a petition for representation in which AFSCME alleged that it represented, for collective bargaining purposes, 30% or more of certain employees of the employer. At a hearing before
[ 52 Pa. Commw. Page 343]
the board, AFSCME and the employer stipulated to the appropriateness of the proposed bargaining unit comprised of professional and non-professional employees. As stipulated, the unit included the positions of Casework Supervisor I and Coordinator Partial Hospitalization; first level supervisory employees were expressly excluded from the unit by the stipulation.
Following a duly conducted representation election, the board issued a Nisi Order of Certification on January 20, 1977, in which the board certified AFSCME as the exclusive bargaining representative of the stipulated unit. No exceptions to the board's order were filed. However, eleven months later, on December 1, 1977, the employer filed a Petition for Unit Clarification with the board, to exclude from the stipulated unit the positions of Casework Supervisor I and Coordinator Partial Hospitalization, claiming they also are first level supervisory positions.
Because the employer had stipulated to the appropriateness of the unit in which the positions were included, and the duties of the two job classifications had not changed since the unit was certified, the board decided not to exclude the positions from the unit.
The employer then appealed to the lower court, which reversed and remanded the case for the board to ...