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JEROME C. AVERY v. COMMONWEALTH PENNSYLVANIA LABOR RELATIONS BOARD (05/09/86)

decided: May 9, 1986.

JEROME C. AVERY, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA LABOR RELATIONS BOARD, RESPONDENT



Appeal from the Order of the Pennsylvania Labor Relations Board, in case of Jerome C. Avery v. Philadelphia County Board of Assistance, Case No. PERA-C-81-347-E.

COUNSEL

Donna E. Baker, for petitioner.

Patricia J. Goldband, with her, James L. Crawford and Anne E. Covey, for respondent.

Judges Barry and Colins, and Senior Judge Blatt, sitting as a panel of three. Opinion by Judge Colins.

Author: Colins

[ 97 Pa. Commw. Page 161]

Jerome C. Avery (petitioner) appeals an order of the Pennsylvania Labor Relations Board (Board) which affirmed the dismissal of his unfair labor practice charge.

The petitioner has been employed by the Philadelphia County Board of Assistance (employer) since 1971. On April 30, 1981, petitioner received an unfavorable annual employee evaluation which he contends was a result of his union affiliation rather than his job performance; he was a union steward. On May 19, 1981, the petitioner filed an unfair labor practice charge with the Board in which he alleged that his employer had violated Section 1201(a)(1), (2), (3), (5), (6), (8) and (9) of the Public Employe Relations Act*fn1 (PERA) by refusing to permit him union representation at a review meeting of his 1981 evaluation. The Board issued a complaint on the charge and assigned the matter to a conciliator for resolution. When negotiations proved fruitless, the Board scheduled the case for a hearing.

[ 97 Pa. Commw. Page 162]

The petitioner and the employer ultimately agreed to settle the dispute pursuant to the terms of an Agreement*fn2 and the Board cancelled the scheduled hearing. The Agreement provided in pertinent part that:

3. A full, fair and impartial review will be given to [the petitioner] and it has been agreed that the Reviewing Officer will not be Ms. Graves.

The petitioner agreed to withdraw the charge subject to effectuation of the Agreement.

In September, 1983, a review was conducted by a Mr. Pelc, a labor relations coordinator for the employer. Mr. Pelc notified the petitioner of his decision by letter of November 15, 1983. Mr. Pelc's letter decision is not

[ 97 Pa. Commw. Page 163]

    of record.*fn3 Upon notification from the conciliator that the case had been settled in accordance with the Agreement, the Board informed the petitioner that it would withdraw the unfair labor practice charge ...


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