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COMMONWEALTH PENNSYLVANIA v. COMMONWEALTH PENNSYLVANIA (06/26/87)

decided: June 26, 1987.

COMMONWEALTH OF PENNSYLVANIA, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA LABOR RELATIONS BOARD, RESPONDENT



Appeal from the Order of the Pennsylvania Labor Relations Board, in case of Pennsylvania Nurses Association v. Commonwealth of Pennsylvania, Department of Public Welfare, Case No. PERA-C-85-152-E, dated May 6, 1986.

COUNSEL

Steven O. Newhouse, Assistant Counsel, with him, John D. Raup, Chief Counsel, for petitioner.

James L. Crawford, with him, Arlene F. Klinedinst, John B. Neurohr and Richard C. Lengler, for respondent.

Steven A. Stine, with him, William Fearen, Cleckner and Fearen, for intervenor, The Pennsylvania Nurses Association.

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

Author: Crumlish

[ 107 Pa. Commw. Page 133]

The Commonwealth of Pennsylvania, Department of Public Welfare (Commonwealth), appeals the final order of the Pennsylvania Labor Relations Board (Board) upholding a hearing examiner's proposed decision and order which concluded that the Commonwealth had committed unfair labor practices in violation of Section 1201(a)(5) of the Public Employe Relations Act (PERA).*fn1

The unfair labor practice charge stemmed from the Commonwealth's refusal to provide the Pennsylvania

[ 107 Pa. Commw. Page 134]

Nurses Association (PNA) with information it had requested to assist in the processing of grievances filed by William Pannacci, a union member.

Pannacci, a pharmacist at Clarks Summit State Hospital, filed four separate grievances alleging improper personnel promotions,*fn2 unilateral changes in the pharmacy's hours of operation and work schedules,*fn3 and a discriminatory performance evaluation.*fn4

When the Commonwealth declined to provide the requested information for grievance arbitration, the PNA filed the instant complaint alleging that the Commonwealth was violating its duty to bargain in good faith. The hearing examiner found that the PNA set forth a cause of action which was not appropriate for deferral pending the grievance arbitration and ordered the Commonwealth to provide the PNA with the requested ...


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