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PENNSYLVANIA LABOR RELATIONS BOARD v. AMERICAN FEDERATION STATE (05/29/87)

decided: May 29, 1987.

PENNSYLVANIA LABOR RELATIONS BOARD, APPELLANT,
v.
AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, DISTRICT COUNCIL 84, AFL-CIO, BY ITS GUARDIAN AD LITEM, BRUNO DELLANA, APPELLEE, AND COUNTY OF ALLEGHENY, APPELLEE



Appeal from Order of Commonwealth Court entered July 11, 1984, at No. 26 T.D. 1983, affirming in part and reversing in part Final Order of Pennsylvania Labor Relations Board entered February 9, 1983, at Case No. PERA-C-80-753-W, Nix, C.j., and Larsen, Flaherty, McDermott, Hutchinson, Zappala and Papadakos, JJ. Zappala, J., files a concurring and dissenting opinion.

Author: Nix

[ 515 Pa. Page 24]

OPINION

The issue in this appeal is whether the County Commissioners of Allegheny County committed an unfair labor practice by refusing to bargain with the representative of

[ 515 Pa. Page 25]

    the County's court-appointed employees over the subjects of paid sick leave, paid funeral leave, paid leave for jury duty, and shift differential. The Commonwealth Court, reversing the Pennsylvania Labor Relations Board, concluded that the inclusion of such provisions in a collective bargaining agreement would interfere with the inherent power of the judiciary to hire, supervise and discharge court employees. For the reasons that follow we disagree and therefore reverse.

I.

At a negotiations session convened on September 24, 1980, the American Federation of State, County and Municipal Employees, District Council 84, AFL-CIO (hereinafter "the Union"), as representative of the court-appointed employees of Allegheny County, presented a proposed collective bargaining agreement to the County Commissioners (hereinafter "the County").*fn1 The proposal included, inter alia, the following provisions:

ARTICLE XII

SICK LEAVE

Section 1

It shall be understood by both employer and employee that sick leave is a benefit earned by service and is available when and if needed, and shall not be a "right of taking" as vacation.

Section 2 Sick Leave Entitlement

A) Employees hired after July 1 shall not be entitled to sick leave in the calendar year in which hired. Employees hired before July 1 shall be entitled to a pro rata paid sick leave in the calendar year in which first employed in accordance with the following schedule:

[ 515 Pa. Page 26]

DATE HIRED SICK LEAVE ENTITLEMENT

Jan. 1 through end of Feb. 5 days

March 4 days

April 3 days

May 2 days

June 1 day

B) All other full-t9me[sic] permanent employees actively employed who are not on layoff or on leave of absence shall receive sick leave eligibility credited from January 1 for that calendar year in the amount of ten (10) work days providing the other eligibility requirements are met.

C) An employee who has not completed his probation period is not eligible to use sick leave until he has concluded his probation period.

D) In order to be eligible for sick leave, an employee must have received earnings or earnings and compensable disability credited to thirteen (13) pay periods in the previous year. Any employee who received earnings or earnings and compensable disability credited to six (6) pay periods in the previous year shall be entitled to one-half (1/2) of the regular sick leave. This eligibility provision ...


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