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AMERICAN FEDERATION STATE v. COMMONWEALTH PENNSYLVANIA (11/23/81)

decided: November 23, 1981.

AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, DISTRICT COUNCIL 84, AFL-CIO, BY GUARDIAN AD LITEM, VINCENT O'BRIEN, APPELLANT
v.
COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA LABOR RELATIONS BOARD, APPELLEE



Appeal from the Order of the Pennsylvania Labor Relations Board in case of Pennsylvania Labor Relations Board v. County of Allegheny, No. PERA-C-80-753-W.

COUNSEL

Theodore M. Lieverman, Kirschner, Walters & Willig, for appellant.

Anthony C. Busillo, III, Counsel, with him James L. Crawford, Chief Counsel, for appellee.

Thomas H. M. Hough, Assistant County Solicitor, with him James H. McClean, County Solicitor, for intervenor, County of Allegheny.

President Judge Crumlish, Jr. and Judges Mencer, Rogers, Blatt and Williams, Jr. Opinion by Judge Rogers.

Author: Rogers

[ 62 Pa. Commw. Page 549]

We have before us the appeal of the American Federation of State, County and Municipal Employees, District Council 84, AFL-CIO (Union), from a final order of the Pennsylvania Labor Relations Board (PLRB), dismissing the Union's exceptions to the PLRB's decision declining to issue a complaint charging that the Commissioners of Allegheny County had engaged in unfair labor practices.*fn1

[ 62 Pa. Commw. Page 550]

The Union is the exclusive representative of two bargaining units of public employees whose members are court-appointed and court-related employees.*fn2 By letter dated October 31, 1980, Thomas H. M. Hough, counsel for the County Commissioners, set forth the position of the Commissioners with regard to the permissible scope of bargaining between the Commissioners and the Union in the light of the Supreme Court's decision in Ellenbogen v. County of Allegheny, 479 Pa. 429, 388 A.2d 730 (1978). Mr. Hough's letter, after specifying a long list of topics concerning which the Commissioners are willing to negotiate, continues as follows:

6. Article VIII -- Scheduling

Article IX -- Seniority

Article X -- Holidays

Article XI -- Vacations

Article XII -- Sick Leave

Article XIII -- Funeral Leave

Article XVIII -- ...


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