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AMERICAN FEDERATION STATE v. COMMONWEALTH PENNSYLVANIA (03/07/86)

decided: March 7, 1986.

AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES, DISTRICT COUNCIL 83, AFL-CIO, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA LABOR RELATIONS BOARD AND INDIANA COUNTY, RESPONDENTS



Appeal from the Order of the Pennsylvania Labor Relations Board in the case of Pennsylvania Labor Relations Board v. Indiana County, Case No. PERA-C-82-456-W.

COUNSEL

Alaine S. Williams, with her, Samuel Issacharoff, Kirschner, Walters, Willig, Weinberg & Dempsey, for petitioner.

Kathryn Speaker MacNett, with her, James L. Crawford, for respondent.

Alex E. Echard, for intervenor, Indiana County.

President Judge Crumlish, Jr. and Judges Rogers, Craig, MacPhail, Doyle, Colins and Palladino. Opinion by Judge Craig. Judge MacPhail dissents.

Author: Craig

[ 95 Pa. Commw. Page 466]

American Federation of State, County and Municipal Employees, District Council 83, AFL-CIO (AFSCME) appeals from an order of the Pennsylvania Labor Relations Board (PLRB) affirming a hearing examiner's decision that Indiana County did not commit an unfair labor practice in refusing to implement an interest arbitration award. We reverse.

AFSCME is the certified bargaining representative for the Indiana County prison guards. AFSCME and the county commenced negotiations, pursuant to the wage reopener clause in their collective bargaining

[ 95 Pa. Commw. Page 467]

    agreement, concerning changes to be effective January 1, 1982, but reached an impasse after numerous negotiating sessions.*fn1 Pursuant to section 805 of the Public Employe Relations Act (PERA),*fn2 they referred the dispute to an arbitration panel. On March 25, 1982, the panel of arbitrators issued an award directing the county to pay all bargaining unit employees a twenty cent per hour wage increase.

On August 25, 1982, AFSCME filed an unfair labor practice with the PLRB alleging that the county had violated the PERA by refusing to implement the arbitration award.*fn3 On September 17, 1982, the PLRB issued a complaint and on May 4, 1983, held a hearing before a hearing examiner. After the PLRB by a two-to-one vote approved the hearing examiner's decision against AFSCME, this appeal followed.*fn4

The issue before us is whether the wage increase provision of the arbitration award in favor of AFSCME requires a "legislative enactment" for its ...


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