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PHILADELPHIA HOUSING AUTHORITY v. COMMONWEALTH PENNSYLVANIA (06/24/83)

decided: June 24, 1983.

PHILADELPHIA HOUSING AUTHORITY, APPELLANT
v.
COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA LABOR RELATIONS BOARD, APPELLEE



Appeal from the Order of the Court of Common Pleas of Philadelphia County in the case of Philadelphia Housing Authority v. Pennsylvania Labor Relations Board, No. 376 December Term, 1981.

COUNSEL

Thomas Patrick Kelly, with him James M. DeLeon, for appellant.

Frayda Kamber, with her James L. Crawford and Anthony C. Busillo, III, for appellee.

Kenneth E. Aaron, for Philadelphia Housing Authority Employees.

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

Author: Barbieri

[ 75 Pa. Commw. Page 200]

The employer, the Philadelphia Housing Authority, (PHA) appeals from an order of the Court of Common Pleas of Philadelphia County, which affirmed an order of the Pennsylvania Labor Relations Board (PLRB),

[ 75 Pa. Commw. Page 201]

    finding PHA guilty of an unfair labor practice under the Public Employes Relations Act (P.E.R.A.), Act of July 23, 1970, P.L. 563, as amended, 43 P.S. ยงยง 1101.101 -- 1101.2301.

On October 12, 1978, employes of the PHA filed unfair labor practice charges with the PLRB alleging that their employer, the PHA, and their union, the National Union of Security Officers, Local #1, (NUSO) had unlawfully withheld union dues from their wages after the employes had submitted dues revocation and membership resignation forms on August 22, 1978.

What precipitated the resignation of PHA employees from their union, NUSO, was the expiration of the collective bargaining agreement between PHA and NUSO on March 31, 1978, and the failure of either party to renew same. PHA and NUSO had begun to renegotiate their agreement, but PHA broke off negotiations after it learned from another union that it was seeking to displace NUSO as the exclusive bargaining agent for PHA's employes. In response to this development, PHA on or about September, 1978, while continuing to withhold union dues from employes, declined to forward dues to NUSO, as PHA had reason to believe NUSO's majority status with PHA's employes was in jeopardy.

In reponse to PHA's failure to remit dues to NUSO after September, 1978, NUSO submitted a grievance for arbitration to compel PHA to remit dues as required by the collective bargaining agreement between them. By decision dated June 25, 1979, the arbitrator found that the agreement between PHA and NUSO had never expired and, therefore, ordered PHA to pay the dues it had collected, but never forwarded to NUSO. PHA paid over to NUSO the escrowed dues ...


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