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ANTHONY C. BIVIANO ET AL. v. COMMONWEALTH PENNSYLVANIA (06/10/81)

decided: June 10, 1981.

ANTHONY C. BIVIANO ET AL., PETITIONERS
v.
COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA LABOR RELATIONS BOARD ET AL., RESPONDENTS



Appeal from the Order of the Pennsylvania Labor Relations Board in case of Pennsylvania Labor Relations Board v. Commonwealth of Pennsylvania, No. PERA-C-9293-C; and case of Pennsylvania Labor Relations Board v. Pennsylvania Social Services Union, Local 668, Service Employees International Union, AFL-CIO; and Pennsylvania Employment Security Employees' Association, Local 675, Service Employees International Union, AFL-CIO, No. PERA-C-9463-C.

COUNSEL

Jeffrey W. Davis, with him Thomas A. Beckley and Bradley S. Gelder, Beckley & Madden, for petitioners.

James L. Crawford, Assistant Attorney General, with him Anthony C. Busillo, II, Assistant Attorney General, for respondents.

President Judge Crumlish and Judges Mencer, Rogers, Craig and Palladino. Judges Blatt, Williams, Jr. and MacPhail did not participate. Opinion by Judge Mencer.

Author: Mencer

[ 59 Pa. Commw. Page 613]

The Commonwealth of Pennsylvania (Commonwealth) and the Joint Bargaining Committee of the Pennsylvania Employment Security Employees' Association, Local 675, Service Employees International Union, AFL-CIO, and Pennsylvania Social Services Union, Local 668, Service Employees International Union, AFL-CIO (Union) were parties to a collective bargaining agreement which, by its terms, became effective August 14, 1975 and expired June 30, 1977.

Petitioners here were members of the Union at the time the collective bargaining agreement was signed and paid dues to the Union by means of payroll deductions from wages. Article III of the collective bargaining agreement provided, in pertinent part:

[ 59 Pa. Commw. Page 614]

Each employe who, on the effective date of this Agreement, is a member of the Union, and each employe who becomes a member after that date shall maintain his membership in the Union, provided that such employe may resign from the Union during a period of fifteen days prior to the expiration of this Agreement.

Therefore, petitioners were entitled to resign from membership in the Union during the time period of June 16, 1977 through June 30, 1977.

In a letter dated December 3, 1975, the Union notified the Commonwealth that it wished to reopen contract negotiations for the year beginning July 1, 1976, pursuant to the provisions of Article XLIV, Section 5 of the collective bargaining agreement. The Commonwealth acknowledged the reopener request by the Union and, following negotiations, the parties executed revised Articles of Agreement, effective December 22, 1976.

Petitioners, aware of the negotiations being undertaken following the Union's request to reopen contract negotiations, submitted written resignations from the Union to both the Commonwealth and the Union during the time period of June 16, 1976 through June 30, 1976. This was one year prior to the time provided in the collective bargaining agreement for resigning from the Union. Petitioners requested that union dues deductions from their paychecks be stopped as of June 30, 1976. Although the Commonwealth initially discontinued dues deductions as requested by petitioners, the dues deductions, retroactive to July 1, 1976, were subsequently recommenced by the Commonwealth at the Union's request.

Petitioners filed, with the Pennsylvania Labor Relations Board (Board), charges of unfair practices, against the ...


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