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COUNTY LAWRENCE v. COMMONWEALTH PENNSYLVANIA (12/07/83)

decided: December 7, 1983.

COUNTY OF LAWRENCE, APPELLANT
v.
COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA LABOR RELATIONS BOARD ET AL., APPELLEES



Appeals from the Orders of the Court of Common Pleas of Lawrence County in cases of County of Lawrence v. Commonwealth of Pennsylvania, Pennsylvania Labor Relations Board and Laborer's District Council of Western Pennsylvania, AFL-CIO, No. 157 of 1981, M.D.; County of Lawrence v. Commonwealth of Pennsylvania, Pennsylvania Labor Relations Board and Laborers' District Council of Western Pennsylvania, AFL-CIO, No. 229 of 1981, M.D.; and Pennsylvania Labor Relations Board v. County of Lawrence, No. 231 of 1981, M.D. Appeals Charge of unfair practices filed with the Pennsylvania Labor Relations Board against County of Lawrence.

COUNSEL

Charles W. Garbett, Luxenberg and Garbett, P.C., for appellant.

William J. Maikovich, with him James L. Crawford, for appellee, Pennsylvania Labor Relations Board.

Howard Grossinger, with him Stephen M. Schmerin, for appellee, Laborers' District Council of Western Pennsylvania, AFL-CIO.

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

Author: Williams

[ 79 Pa. Commw. Page 16]

Consolidated for argument and disposition are the appeals of the County of Lawrence (County) from

[ 79 Pa. Commw. Page 17]

    orders of the Court of Common Pleas of Lawrence County regarding the County's refusal to implement separate arbitration awards for calendar years 1979 and 1980. For clarity, the two cases decided by the common pleas court, docketed below at Nos. 157 and 231 of 1981, Miscellaneous Docket (M.D.), shall be discussed separately.

No. 157 of 1981, M.D.

The Laborers' District Council of Western Pennsylvania, AFL-CIO (Union) is the certified bargaining representative for court-related employes, Register of Wills and Recorder of Deeds Offices' employes and chief deputies in the County, the public employer. When collective bargaining negotiations between the Union and the County for calendar year 1979 reached an impasse, the contested bargaining issues were submitted to an interest arbitration panel which issued an arbitration award in November 1979. The award resolved economic and non-economic issues including probationary periods, wages, hours, holidays, a health and welfare plan, maternity leave and jury duty.

Upon the County's failure to implement even part of the arbitrators' award, the Union filed, on January 3, 1980, unfair labor practice charges with the Pennsylvania Labor Relations Board (PLRB), alleging County violations of provisions of the Public Employe Relations Act (Act 195 or PERA).*fn1 The PLRB issued a complaint on February 8, 1980, and a hearing was held before a Hearing Examiner on May 28, 1980. The Hearing Examiner issued, on ...


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