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INTERNATIONAL UNION v. COMMONWEALTH PENNSYLVANIA (08/03/83)

decided: August 3, 1983.

INTERNATIONAL UNION, UNITED PLANT GUARD WORKERS OF AMERICA, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA LABOR RELATIONS BOARD, RESPONDENT. UNIVERSITY OF PITTSBURGH ET AL., INTERVENORS. UNIVERSITY OF PITTSBURGH, PETITIONER V. COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA LABOR RELATIONS BOARD, RESPONDENT. INTERNATIONAL UNION, UNITED PLANT GUARD WORKERS OF AMERICA ET AL., INTERVENORS



Appeals from the Order of the Pennsylvania Labor Relations Board in the case of In the Matter of the Employes of the University of Pittsburgh (Campus Police Department), Case No. PF-R-169-W.

COUNSEL

W. Glen Teakle, II, with him Michael H. Small, for petitioner/intervenor International Union, United Plant Guard Workers of America.

Scott F. Zimmerman, with him Patrick W. Ritchey and Kevin P. Gilboy, Reed, Smith, Shaw & McClay, for petitioner/intervenor, University of Pittsburgh.

Frayda Kamber, with her James L. Crawford and Anthony C. Busillo, II, for respondent, Pennsylvania Labor Relations Board.

Henry Miller, III, for intervenor, Fraternal Order of Police, Lodge 99.

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

Author: Crumlish

[ 76 Pa. Commw. Page 151]

The Union Plant Guard Workers of America (U.P.G.W.A.) and the University of Pittsburgh appeal a Pennsylvania Labor Relations Board order certifying the Fraternal Order of Police (F.O.P.) as the exclusive bargaining representative of the University of Pittsburgh Campus Police Department. We reverse and remand.

In November 1979, the F.O.P. filed a representation petition with the Board under Act 111*fn1 to become the bargaining agent of the Campus Police. U.P.G.W.A.

[ 76 Pa. Commw. Page 152]

    intervened, contending that it was the certified exclusive representative under Act 195.*fn2 The Board,

[ 76 Pa. Commw. Page 153]

    concluding that the University was an employer under Act 111*fn3 and that the employees were policemen as defined ...


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