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ALLEGHENY COUNTY DEPUTY SHERIFF'S ASSOCIATION v. COMMONWEALTH PENNSYLVANIA (02/12/86)

decided: February 12, 1986.

ALLEGHENY COUNTY DEPUTY SHERIFF'S ASSOCIATION, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA LABOR RELATIONS BOARD, AND COUNTY OF ALLEGHENY, RESPONDENTS



Appeal from the Order of the Pennsylvania Labor Relations Board in case of in The Matter of the Employes of Allegheny County Sheriff's Department, Case No. PF-R-81-68-W.

COUNSEL

Arthur Cutruzzula, Balzarini, Carey & Maurizi, for petitioner.

James L. Crawford, with him, Ellis H. Katz, for respondent, Pennsylvania Labor Relations Board.

Ira Weiss, Deputy County Solicitor, with him, James L. McLean, County Solicitor, for respondent, County of Allegheny.

President Judge Crumlish, Jr., Judges Craig, MacPhail, Doyle, Barry, Colins and Palladino. Opinion by President Judge Crumlish, Jr. Judge Barry did not participate in the decision in this case.

Author: Crumlish

[ 95 Pa. Commw. Page 133]

The Allegheny County Deputy Sheriff's Association (Association) petitioned for investigation and certification of representatives under the Act of June 24, 1968 (Act 111).*fn1 The Pennsylvania Labor Relations Board (Board) dismissed this petition. The Association appeals;*fn2 we affirm.

The Association's bargaining unit is comprised of approximately 102 members: thirteen sergeants, five plainclothes detectives and eighty-four uniformed deputies. Presently, they are certified for collective bargaining purposes under the Public Employe Relations Act (Act 195).*fn3 The present petition seeks certification

[ 95 Pa. Commw. Page 134]

    under Act 111, which governs collective bargaining between policemen and firemen and their public employers.*fn4

We must determine whether any changes have occurred since our decision in Venneri v. County of Allegheny, 12 Pa. Commonwealth Ct. 517, 316 A.2d 120 (1974) (Venneri II), which would alter our conclusion there that the deputy sheriffs are not policemen for purposes of Act 111.*fn5 In Venneri II we held that, although the deputy sheriffs' duties encompassed many activities normally performed by police, their primary duties were directly related to the operation of the Allegheny County courts. Id.

The sheriff's office has continued to perform the same police-type functions. These include plainclothes investigatory work; patrol of the County's public transit system; replacing absent police officers to augment the police force; and providing security for V.I.P.'s in Allegheny County. However, the record also indicates that the deputy sheriffs have maintained their traditional status ...


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