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BOARD GOVERNORS STATE SYSTEM HIGHER EDUCATION AND COMMONWEALTH PENNSYLVANIA v. COMMONWEALTH PENNSYLVANIA (08/08/86)

decided: August 8, 1986.

THE BOARD OF GOVERNORS OF THE STATE SYSTEM OF HIGHER EDUCATION AND THE COMMONWEALTH OF PENNSYLVANIA, PETITIONERS
v.
COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA LABOR RELATIONS BOARD, RESPONDENT. ASSOCIATION OF PENNSYLVANIA STATE COLLEGE AND UNIVERSITY FACULTIES, PETITIONERS V. PENNSYLVANIA LABOR RELATIONS BOARD, THE BOARD OF GOVERNORS OF THE STATE SYSTEM OF HIGHER EDUCATION, RESPONDENTS



Appeals from the Order of the Pennsylvania Labor Relations Board in the case of In the Matter of the Employes of The Board of Governors of the State System of Higher Education (Successor Employer to the Commonwealth of Pennsylvania), Case No. PERA-U-83-574-E.

COUNSEL

Wayne M. Richardson, for petitioner/intervenor, Board of Governors of the State System of Higher Education.

Lynne M. Mountz, Deputy Chief Counsel, with her, John D. Raup, Chief Counsel, for petitioner/intervenor, Commonwealth of Pennsylvania.

James L. Cowden, Handler, Gerber, Johnston, Strokoff, & Cowden, for petitioner/intervenor, Association of Pennsylvania State College and University Faculties.

John B. Neurohr, with him, James L. Crawford and Jack Knorr, for respondent, Pennsylvania Labor Relations Board.

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

Author: Palladino

[ 99 Pa. Commw. Page 522]

This case presents cross appeals by the Board of Governors of the State System of Higher Education (SSHE), the Commonwealth of Pennsylvania (Commonwealth), and the Association of Pennsylvania State College and University Faculties (Association) from an order of the Pennsylvania Labor Relations Board (PLRB) which: (1) certified the Commonwealth as the public employer of the professional and managerial employes of SSHE under Section 301(1) of the Public Employe Relations Act (PERA), Act of July 23, 1970, P.L. 563, as amended, 43 P.S. § 1101.301; and (2) ordered that SSHE, through its chancellor, is the entity authorized to conduct collective bargaining negotiations with representatives of the professional and managerial employes under The State System of Higher Education Act (SSHE Act), Act of November 12, 1982, P.L. 660, as amended, 24 P.S. §§ 20-2001-A -- 20-2017-A. We reverse.

Prior to the enactment of the SSHE Act, the Commonwealth was certified by the PLRB as the public employer with respect to all managerial and professional employes*fn1 of the thirteen state colleges and the Indiana

[ 99 Pa. Commw. Page 523]

University of Pennsylvania, pursuant to Section 301 of PERA. These certifications obligated the Commonwealth to bargain collectively with respect to wages, hours and other terms and conditions of employment. See Sections 101 and 701 of PERA, 43 P.S. §§ 1101.101, 1101.701.

The SSHE Act, which became effective on July 1, 1983, contains the following provisions:

'Employer' shall mean the Board of Governors of the State System of Higher Education as the successor employer to ...


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