decided: March 21, 1984.
PHILADELPHIA HOUSING AUTHORITY, PETITIONER
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.
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.
[ 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 by Act 195.*fn6 The Board dismissed these exceptions.
[ 81 Pa. Commw. Page 146]
Bargaining rights under Act 195 and Act 111 are mutually exclusive. International Union, United Plant Guard Workers of America v. Commonwealth, 76 Pa. Commonwealth Ct. 150, 463 A.2d 496 (1983). Within the definition of "Public employer" under Act 195 is included an "authority."*fn7 Initially, therefore, it is apparent that the Authority security officers fall within the Act 195 parameters. However, Act 111 employees are excepted out of the Act 195 definition by 43 P.S. § 1101.301(2), which states in part:
(2) "Public employe" or "employe" means any individual employed by a public employer but shall not include . . . those employes covered under the act of June 24, 1968 (Act No. 111). . . . (Emphasis added.)
An Act 111 employer must be either a political subdivision of the Commonwealth or the Commonwealth. We must therefore determine if the Authority fits within this exception and is an employer under Act 111. The Authority is not by definition a political subdivision. "Political subdivision" is defined as
[a]ny county, city, borough, incorporated town, township, school district, vocational school district and county institution district.
1 Pa. C.S.A. § 1991. The issue is thus limited to whether the Authority*fn8 is considered the "Commonwealth" for the purposes of Act 111.
[ 81 Pa. Commw. Page 147]
In this case, a comparison of Acts 195 and 111 demonstrates the legislature's intention to exclude authorities and agencies from Act 111. Acts 195 and 111 must be read in pari materia. Philadelphia Fire Officers Association v. Pennsylvania Labor Relations Board, 470 Pa. 550, 369 A.2d 259 (1977). Reading them thusly, it becomes apparent that the legislature purposely limited the scope of public employer under Act 111. That is, while Act 195 includes as public employer "any officer, board, commission, agency, or authority " (emphasis added), in addition to Commonwealth and Political subdivision, Act 111 limits the scope of public employer to the Commonwealth and political subdivisions of the Commonwealth. Authorities and agencies are purposely excluded from Act 111.*fn9
We conclude, therefore, that the Board erred as a matter of law when it determined that the Authority is the "Commonwealth" for the purposes of Act 111.
Reversed and remanded.*fn10
[ 81 Pa. Commw. Page 148]
The Pennsylvania Labor Relations Board order in Case No. PF-R-81-54-E, dated July 29, 1982, is reversed and remanded to the Board for proper union certification proceedings for the Philadelphia Housing Authority security officers under the applicable sections of the Public Employe Relations Act, Act of July 23, 1970, P.L. 563, as amended, 43 P.S. § 1101.101.
Judge Rogers dissents.
Reversed and remanded.