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MATTER EMPLOYES CITY PHILADELPHIA (FIRE DEPARTMENT). PHILADELPHIA FIRE OFFICERS UNION (06/18/84)

decided: June 18, 1984.

IN THE MATTER OF: THE EMPLOYES OF THE CITY OF PHILADELPHIA (FIRE DEPARTMENT). THE PHILADELPHIA FIRE OFFICERS UNION, APPELLANT


Appeal from the Order of the Court of Common Pleas of Philadelphia County in the case of In the Matter of: The Employees of the City of Philadelphia (Fire Department) Philadelphia Fire Officers Union, No. 2521 May Term, 1980.

COUNSEL

William F. Coyle, for appellant.

Kathryn Speaker MacNett, with her, James L. Crawford and Ellis H. Katz, for appellee.

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

Author: Macphail

[ 83 Pa. Commw. Page 275]

The Philadelphia Fire Officers Union (Officers) appeals from an order of the Court of Common Pleas

[ 83 Pa. Commw. Page 276]

    of Philadelphia County affirming an order of the Pennsylvania Labor Relations Board (Board). The Board refused to certify the Officers as a bargaining unit separate from Local 22, International Association of Firefighters (Union), which is the bargaining unit for the uniformed firefighters employed by the City of Philadelphia (City).

In 1971, the Officers petitioned the Board for certification as a bargaining unit separate from the rank and file firefighters of the City. The Board dismissed the petition for lack of jurisdiction. The Officers appealed, and in 1977 the Pennsylvania Supreme Court vacated the Board's order and remanded to the Board for consideration of the merits of the Officers' petition. Philadelphia Fire Officers Ass'n v. Pennsylvania Labor Relations Board, 470 Pa. 550, 369 A.2d 259 (1977).

Subsequently, the Board issued a nisi order in 1979 finding, inter alia, that a bargaining unit of officers only was inappropriate and dismissing the petition. The Board issued its final order on April 18, 1980, dismissing the Officers' exceptions and the petition. The Officers appealed to the common pleas court, whose order of December 7, 1982, sustaining the Board's final order resulted in the instant appeal.

The Officers raise several issues in their appeal which we will consider individually. First, the Officers here challenge for the first time the standing of the Board as a party to this action. This challenge is without merit.

The Board appeared as a party before the common pleas court. The Officers acknowledge that they made no challenge at that time with respect to the Board's standing. This failure to previously raise the issue ...


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