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CITY SCRANTON v. COMMONWEALTH PENNSYLVANIA (03/10/86)

decided: March 10, 1986.

CITY OF SCRANTON, APPELLANT
v.
COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA LABOR RELATIONS BOARD AND INTERNATIONAL ASSOCIATION OF MACHINISTS LOCAL LODGE NO. 2305, APPELLEES



Appeal from the Order of the Court of Common Pleas of Lackawanna County in the case of City of Scranton v. Pennsylvania Labor Relations Board v. International Association of Machinists Local Lodge No. 2305, No. 84 Civil 4643.

COUNSEL

Edmund J. Scacchitti, City Solicitor, for appellant.

James L. Crawford, for appellee, Pennsylvania Labor Relations Board.

Thomas W. Jennings, with him, Kenneth Henley, Sagot & Jennings, for appellee, International Association of Machinists Local Lodge No. 2305.

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

Author: Crumlish

[ 95 Pa. Commw. Page 511]

The City of Scranton (City) appeals a Lackawanna County Common Pleas Court order affirming a Pennsylvania

[ 95 Pa. Commw. Page 512]

Labor Relations Board (Board) determination that the City committed an unfair labor practice*fn1 in discharging five employees for participating in a work stoppage. The common pleas court also granted the Board's petition for enforcement reinstating the five employees, who were members of the International Association of Machinists, Local Lodge No. 2305 (Union).*fn2

On July 1, 1983, the Union sent a mediation notice to the Department of Labor and Industry's Bureau of Mediation stating that its contract with the City would expire on December 31, 1983, and that a labor dispute existed. The Bureau appointed a mediator, and the first bargaining session was held on November 3, 1983. The City cancelled three subsequently scheduled meetings. Therefore, the parties next met on December 27, 1983. Due to an impending snowstorm, a December 29th meeting was cancelled. However, the parties agreed to extend the contract on a day-to-day basis with negotiations to continue in good faith.

The following day the Union requested the mediator to schedule further negotiations. Bargaining sessions were held on January 12, 17 and 20, 1984. At the January 20th meeting, the City took the position that it would refuse to negotiate any further (1) while the state mediator was present and (2) until refuse collections were back on schedule. The Union instituted a work stoppage from January 21st to February 1st, when a new agreement was reached. On January 28, 1984, the City notified the five Union employees that they were discharged for "instigating,

[ 95 Pa. Commw. Page 513]

    ordering, directing, advising, encouraging, inciting, causing and taking part in an illegal and unlawful strike against the City ...


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