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COUNCIL 13 v. COMMONWEALTH PENNSYLVANIA (08/14/84)

decided: August 14, 1984.

COUNCIL 13, AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, AFL-CIO, ETC., PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA LABOR RELATIONS BOARD, RESPONDENT. JOINT BARGAINING COMMITTEE OF THE PENNSYLVANIA SOCIAL SERVICES UNION ET AL., PETITIONERS V. COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA LABOR RELATIONS BOARD, RESPONDENT



Appeals from the Orders of the Pennsylvania Labor Relations Board in the cases of Pennsylvania Labor Relations Board v. Commonwealth of Pennsylvania and Governor Dick Thornburgh, Nos. PERA-C-80-696-C, PERA-C-80-702-C, and PERA-C-80-703-C.

COUNSEL

Alaine S. Williams, with her, Richard Kirschner, Kirschner, Walters, Willig, Weinberg & Dempsey, for petitioner, Council 13, American Federation of State, County and Municipal Employees, AFL-CIO.

Bruce M. Ludwig, Stephen A. Sheller & Associates, for petitioners, The Joint Bargaining Committee, etc., and the Pennsylvania Social Services Union.

Kathryn Speaker McNett, with her, James L. Crawford and Frayda Kamber, for respondent.

John D. Raup, Chief Counsel, with him, Frank P. Clark, Assistant Counsel, for intervenor, Commonwealth of Pennsylvania, Office of Administration.

President Judge Crumlish, Jr. and Judges Rogers, MacPhail, Doyle, Barry, Colins and Palladino. Opinion by Judge Barry. Judge Doyle and Judge Colins dissent.

Author: Barry

[ 84 Pa. Commw. Page 460]

This is a consolidated appeal by Council 13, American Federation of State, County and Municipal Employees, AFL-CIO (AFSCME), the Pennsylvania Social Services Union (PSSU), the Joint Bargaining Committee of the Pennsylvania Social Services Union, Local 668 and the Pennsylvania Employment Security Employees Association, Local 675, SEIU, AFL-CIO (Joint Bargaining Committee), from an order of the Pennsylvania Labor Relations Board (Board) which found that the Commonwealth did not commit an unfair labor practice by unilaterally enacting a code of conduct.

On September 3, 1980, Governor Thornburgh issued Executive Order 1980-18 which is essentially a three part Code of Conduct (Code) applicable to certain employees of the executive branch, including employees represented by petitioners. Among other things, Part I of the Code prohibits all outside employment unless prior approval is obtained. Part I of the Code also prohibits employees from accepting honoraria or other gifts and from engaging in political activities which have been determined by the Secretary of Budget and Administration to be in conflict with the employees' position. Part II of the Code requires certain employees to file statements disclosing personal financial interests.*fn1 Part III establishes a uniform procedure which is to be followed when employees

[ 84 Pa. Commw. Page 461]

    are charged with or convicted of criminal conduct.

In November of 1980, each of the petitioners filed unfair labor charges against the Commonwealth based on Sections 803, 1201(a)(1), 1201(a)(4), 1201(a)(5) and 1201(a)(9) of the Public Employe Relations Act (PERA).*fn2 Petitioners claimed that because the provisions of the Code have a significant impact upon the employees' wages, hours and other terms and conditions of employment, the Commonwealth is required by Section 701 of PERA*fn3 to bargain with them prior to enacting such a Code. The Commonwealth, on the other hand, argued that ...


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