Appeals from the Order of the Court of Common Pleas of Lycoming County in case of Lycoming County v. Commonwealth of Pennsylvania Department of Labor and Industry, Pennsylvania Labor Relations Board and District Council 86, American Federation of State, County and Municipal Employees, AFL-CIO, No. 81-1079.
Alaine S. Williams, with her, Stuart W. Davidson, Kirschner, Walters, Willig, Weinbert & Dempsey, for appellant.
James L. Crawford, with him, William J. Maikovich, for appellant, Pennsylvania Labor Relations Board.
William R. Tait, Jr., McNerney, Page, Vanderlin & Hall, for appellee.
President Judge Crumlish, Jr. and Judges Williams, Jr., Craig, MacPhail, Doyle, Barry and Colins. Opinion by Judge Colins.
[ 84 Pa. Commw. Page 627]
These appeals are brought by the Pennsylvania Labor Relations Board (PLRB) and District Council 86, American Federation of State, County and Municipal Employees, AFL-CIO (AFSCME) (appellants), from an order of the Court of Common Pleas of Lycoming County (County) reversing an order of the PLRB that County (appellee) had committed an unfair practice in violation of Sections 1201(a)(1) and 1201(a)(5) of the Public Employe Relations Act (Act 195).*fn1
On June 19, 1975, the PLRB certified AFSCME as the exclusive representative of all full-time and regular part-time prison guards and matrons employed by the Lycoming County Prison Board (Prison Board), which is identified as the "public employer" in the certification. The Prison Board is composed of the County Commissioners, Sheriff, Judges, Controller and District Attorney.*fn2
Pursuant to this certification, representatives of the Prison Board and AFSCME engaged in collective bargaining. An impasse was reached and the matter was submitted to binding arbitration. Prior to resolution by arbitration, however, the legislature enacted Act 115,*fn3 which amended Section 1620 of the County Code in the following manner:
Salaries and Compensation
The salaries and compensation of county officers shall be as now or hereafter fixed by law. The salaries and compensation of all appointed
[ 84 Pa. Commw. Page 628]
officers and employes who are paid from the county treasury shall be fixed by the salary board created by this act for such purposes: Provided, however, that with respect to representation proceedings before the Pennsylvania Labor Relations Board of collective bargaining negotiations involving any or all employes paid from the county treasury, the board of county commissioners shall have the sole power and responsibility to represent judges of the court of common pleas, the county and all elected or appointed county officers having any employment powers over the affected employes. The exercise of such responsibilities by the county commissioners shall in no way ...