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COMMUNITY COLLEGE PHILADELPHIA v. COMMONWEALTH PENNSYLVANIA (07/20/81)

decided: July 20, 1981.

COMMUNITY COLLEGE OF PHILADELPHIA, APPELLANT
v.
COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA LABOR RELATIONS BOARD ET AL., APPELLEE



Appeal from the Order of the Court of Common Pleas of Philadelphia County in the case of Community College of Philadelphia v. Pennsylvania Labor Relations Board and Faculty Federation of the Community College of Philadelphia, No. 2008 May Term, 1979.

COUNSEL

Howard R. Flaxman, with him William A. Whiteside, Jr., Nochem S. Winnet, and Barnett Satinsky, Fox, Rothschild, O'Brien & Frankel, for appellant.

Anthony C. Busillo, II, Assistant Attorney General, with him James L. Crawford, Donald A. Wallace, Susan Shinkman, and Stephen A. Sheller, Assistant Attorneys General, for appellee, Pennsylvania Labor Relations Board.

Michael Brodie, Freedman and Lorry, P.C., for appellee, Faculty Federation of the Community College of Philadelphia.

Jason S. Shapiro, with him J. Thomas Menaker, McNees, Wallace & Nurick, of counsel, Sheldon Elliot Steinbach, for Amicus Curiae, Pennsylvania Association of Colleges and Universities, American Council on Education and American Association of Community and Junior Colleges.

Thomas H. M. Hough, for Amicus Curiae, Community College of Allegheny County.

Jerome H. Gerber, with him Elliot A. Strokoff, for Amicus Curiae, The Pennsylvania AFL-CIO, The Association of Pennsylvania State College and University Faculties, The American Federation of Teachers, The Pennsylvania Federation of Teachers, and Philadelphia AFL-CIO Council.

President Judge Crumlish and Judges Rogers and Williams, Jr., sitting as a panel of three. Opinion by Judge Rogers.

Author: Rogers

[ 60 Pa. Commw. Page 631]

The Community College of Philadelphia (College) appeals from an order of the Court of Common Pleas of Philadelphia County affirming the order of the Pennsylvania Labor Relations Board (PLRB) certifying the Faculty Federation of the Community College of Philadelphia, Local 2026, American Federation of Teachers, AFL-CIO (Union) as the exclusive bargaining representative of a unit of professional employees to which we will hereafter sometimes refer as "adjunct faculty" consisting in the main of visiting lecturers and part-time instructors at the College. After a thorough review of the relevant legal authorities and the record consisting of more than a thousand pages of testimony and exhibits made during six days of evidentiary hearings before a hearing examiner, we affirm the order of certification on the thorough and well-reasoned opinion of Judge Gelfand for the Court below, docketed at No. 2008, May Term 1979.

However, the College and amici curiae*fn1 have ascribed particular significance on the occasion of this appeal to the issue of whether the visiting lecturers and part-time instructors are persons whose work relationship

[ 60 Pa. Commw. Page 632]

    with their employer is so casual that they have no right under the Public Employe Relations Act (PERA)*fn2 to bargain collectively. We will treat this issue here in a more comprehensive manner than the chancellor may have felt was warranted in ...


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