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PHILADELPHIA HOUSING AUTHORITY v. COMMONWEALTH PENNSYLVANIA (03/21/84)

decided: March 21, 1984.

PHILADELPHIA HOUSING AUTHORITY, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA LABOR RELATIONS BOARD, RESPONDENT



Appeal from the Order of the Pennsylvania Labor Relations Board in case of In the Matter of the Employes of Philadelphia Housing Authority, Case No. PF-R-81-54-E.

COUNSEL

Kenneth M. Jarin, with him James M. DeLeon and Thomas Patrick Kelly, for petitioner.

Frayda Kamber, with her James L. Crawford, for respondent.

Neal Goldstein, Freedman and Lorry, P.C., with him Michael Kleeman, for intervenor, Housing Police Association.

President Judge Crumlish, Jr. and Judges Rogers, Williams, Jr., Craig, MacPhail, Doyle and Barry. Opinion by President Judge Crumlish, Jr. Judge Rogers dissents.

Author: Crumlish

[ 81 Pa. Commw. Page 143]

The Philadelphia Housing Authority petitions for review of a Pennsylvania Labor Relations Board order certifying the Housing Police Association as exclusive bargaining representative of the Philadelphia Housing Authority security officers. We reverse and remand.

On August 31, 1981, the Association filed a representation petition with the Board under Act 111*fn1 to become the exclusive bargaining representatives of the security officers. An election*fn2 and hearings*fn3 were held. The Board, concluding that the Authority was a public employer under Act 111*fn4 and that the security

[ 81 Pa. Commw. Page 144]

    officers were policemen as defined by the Act,*fn5 certified the Association. The Authority filed various exceptions

[ 81 Pa. Commw. Page 145]

    to the effect that the security officers and the Authority did not fall within the scope of Act 111 and that, therefore, the bargaining rights of the security officers are governed ...


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