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AMERICAN FEDERATION STATE v. CITY PHILADELPHIA (03/30/87)

decided: March 30, 1987.

AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, DISTRICT COUNCIL 47, AFL-CIO, BY ITS TRUSTEE AD LITEM, THOMAS PAINE CRONIN, APPELLANT
v.
CITY OF PHILADELPHIA, APPELLEE



Appeal from the Order of the Court of Common Pleas of Philadelphia County, in case of American Federation of State, County and Municipal Employees, District Council 47, AFL-CIO, By its Trustee ad Litem Thomas Paine Cronin v. City of Philadelphia, No. 249 May Term, 1985.

COUNSEL

Alaine S. Williams, Kirschner, Walters & Willig, for appellant.

Jesse Milan, Jr., Chief Assistant City Solicitor, for appellee.

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

Author: Crumlish

[ 105 Pa. Commw. Page 112]

The American Federation of State, County and Municipal Employees, District Council 47, AFL-CIO (AFSCME) appeals a Philadelphia County Common Pleas Court order which granted the City of Philadelphia's (City) preliminary objections and dismissed AFSCME's complaint in equity with prejudice. We affirm.

Lloyd Chambliss, a City Area Youth Worker, was discharged for abandoning his position. AFSCME and the City, pursuant to their collective bargaining agreement, proceeded to binding arbitration to decide his employee grievance. An arbitrator ordered reinstatement without back pay. The City requested Chambliss

[ 105 Pa. Commw. Page 113]

    to take a physical examination before reinstatement. He refused and filed a complaint seeking an unqualified job reinstatement with the Pennsylvania Labor Relations Board (PLRB).

A hearing examiner, citing several PLRB decisions,*fn1 held that Chambliss did not have standing as an individual to file a Section 1201(a)(5)*fn2 unfair practice charge. Further, the examiner dismissed AFSCME's petition to intervene as untimely.

AFSCME then turned to the common pleas court and filed the instant complaint in equity seeking to have Chambliss reinstated. The City filed preliminary objections contending that exclusive jurisdiction for the enforcement of arbitration awards resides with the PLRB. The trial court agreed and dismissed this action on the basis of this Court's decision in Alliston v. City of Allentown, 71 Pa. Commonwealth Ct. 321, 455 A.2d 239 (1983), remanded, 504 Pa. 349, 473 A.2d 1016 (1984).

[ 105 Pa. Commw. Page 114]

We agree with the trial court's conclusion that the instant case falls squarely within the parameters delineated in Alliston. In Alliston, former Allentown city employees attempted to enforce an arbitration award in the common pleas court. The trial court ...


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