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WARREN BOROUGH v. INTERNATIONAL BROTHERHOOD ELECTRICAL WORKERS (12/24/80)

decided: December 24, 1980.

WARREN BOROUGH, APPELLANT
v.
INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL UNION NO. 1124, APPELLEE



Appeal from the Order of the Court of Common Pleas of Warren County in the case of Warren Borough v. International Brotherhood of Electrical Workers, Local Union No. 1124, No. 668 of 1979.

COUNSEL

Thomas E. Africa, for appellant.

Ronald L. Gilardi, for appellee.

Mary Teresa Gavigan, with her James L. Crawford, for appellee, Pennsylvania Labor Relations Board.

Judges Mencer, Rogers and Palladino, sitting as a panel of three. Opinion by Judge Mencer.

Author: Mencer

[ 55 Pa. Commw. Page 571]

On May 29, 1979, the International Brotherhood of Electrical Workers, Local Union No. 1124 (Union) filed a unit clarification petition with the Pennsylvania

[ 55 Pa. Commw. Page 572]

Labor Relations Board (Board), seeking to include four police communication dispatchers in a previously certified bargaining unit of workers employed by Warren Borough (Borough). The prayer of the petition was granted by the Board, and the Borough appealed the Board's final order to the Court of Common Pleas of Warren County which, following oral argument and submission of briefs, affirmed the Board's order. This appeal followed, and we affirm.

Section 604 of the Public Employe Relations Act (PERA), Act of July 23, 1970, P.L. 563, as amended, 43 P.S. ยง 1101.604, reads, in pertinent part:

The board shall determine the appropriateness of a unit which shall be the public employer unit or a subdivision thereof. In determining the appropriateness of the unit, the board shall:

(1) Take into consideration but shall not be limited to the following: (i) public employes must have an identifiable community of interest, and (ii) the effects of over-fragmentization.

As we stated in Western Psychiatric Institute v. Pennsylvania Labor Relations Board, 16 Pa. Commonwealth Ct. 204, ...


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