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DIANN REPKO ET AL. v. COMMONWEALTH PENNSYLVANIA (07/29/86)

decided: July 29, 1986.

DIANN REPKO ET AL., PETITIONERS
v.
COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA LABOR RELATIONS BOARD ET AL., RESPONDENTS



Appeal from the Order of the Pennsylvania Labor Relations Board in the cases of Pennsylvania Labor Relations Board v. Commonwealth of Pennsylvania, Case No. PERA-C-81-713-E, and Pennsylvania Labor Relations Board v. Council 13, American Federation of State, County and Municipal Employees, AFL-CIO, Case No. PERA-C-81-714-E.

COUNSEL

Jeffrey W. Davis, with him, Thomas A. Beckley, Beckley & Madden, for petitioners.

Kathryn Speaker MacNett, with her, James L. Crawford and Alaine S. Williams, Kirschner, Walters, Willig, Weinberg & Dempsey, for respondents.

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

Author: Crumlish

[ 99 Pa. Commw. Page 291]

Diann Repko and twelve fellow Commonwealth employees appeal a Pennsylvania Labor Relations Board (PLRB) order dismissing exceptions to hearing examiner decisions which concluded that they failed to properly revoke their membership in the American Federation of State, County and Municipal Employees (AFSCME).*fn1 We affirm.

In August 1978 AFSCME and the Commonwealth entered into a collective bargaining agreement containing the following provisions:

UNION SECURITY

Section 1. Each employe who, on the effective date of this Agreement, is a member of the Union, and each employe who becomes a member after that date shall maintain his/her membership in the Union,*fn2 provided that such employe may resign from the Union, in accordance with the following procedure:

A. The employe shall send a letter of resignation along with the official membership card of the Union, to the headquarters of Council 13, AFSCME, AFL-CIO and a copy of the letter to his/her agency.

[ 99 Pa. Commw. Page 292]

B. The letter shall be postmarked during the 15 day period prior to the expiration date of this Agreement and shall state that the employe is resigning his/her membership in the Union and where ...


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