Appeal from the order of the Pennsylvania Labor Relations Board in the case of American Federation of State, County and Municipal Employees, Council 13 v. Commonwealth of Pennsylvania (Department of Transportation), Case No. PERA-C-84-142-E.
Robert A. Sloan, with him, Alaine S. Williams and Nancy J. McCauley, Kirschner, Walters, Willig, Weinberg & Dempsey, for petitioner.
James L. Crawford, with him, Patricia J. Goldband, for respondent.
John B. Newrohr, with him, Frank A. Fisher, Jr., Assistant Counsel, and John D. Raup, Chief Counsel, for intervenor, Commonwealth of Pennsylvania.
Judges Barry and Palladino, and Senior Judge Rogers, sitting as a panel of three. Opinion by Judge Barry.
[ 100 Pa. Commw. Page 51]
This is an appeal by petitioner, American Federation of State, County and Municipal Employees, Council
[ 100 Pa. Commw. Page 5213]
(AFSCME),*fn1 of an order of the Pennsylvania Labor Relations Board (PLRB) dismissing petitioner's complaint that the Commonwealth of Pennsylvania was guilty of unfair labor practices under Sections 1201(a)(1) and (3) of the Public Employee Relations Act, the Act of July 23, 1970, P.L. 563, 43 P.S. §§ 1101.101-1101.2301, (Act) which read:
(a) Public Employers, their agents or representatives are prohibited from:
(1) Interfering, restraining or coercing employes in the exercise of the rights guaranteed in Article IV of this act.
(3) Discriminating in regard to hire or tenure of employment or any term or condition of employment to encourage or discourage ...