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COUNCIL 13 v. COMMONWEALTH PENNSYLVANIA (07/31/87)

decided: July 31, 1987.

COUNCIL 13, AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, AFL-CIO, BY ITS TRUSTEE AD LITEM, EDWARD J. KELLER, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, THE HONORABLE RICHARD THORNBURGH, GOVERNOR OF THE COMMONWEALTH OF PENNSYLVANIA, ET AL., RESPONDENTS



Original jurisdiction in the case of Council 13, American Federation of State, County and Municipal Employees, AFL-CIO, by its Trustee Ad Litem, Edward J. Keller v. Commonwealth of Pennsylvania, The Honorable Richard Thornburgh, Governor of the Commonwealth of Pennsylvania, et al.

COUNSEL

Stuart W. Davidson, with him, Alaine S. Williams, Kirschner, Walters & Willig, for petitioner.

Susan J. Forney, Senior Deputy Attorney General, with her, Andrew S. Gordon, Deputy Attorney General, Robert J. Schwartz, Deputy Attorney General, Debra K. Wallet, Deputy Attorney General, Allen C. Warshaw, Deputy Attorney General, Chief, Litigation Section, LeRoy S. Zimmerman, Attorney General, for respondents.

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

Author: Crumlish

[ 108 Pa. Commw. Page 156]

In April 1982, the legislature enacted amendments to the Commonwealth Public Welfare Code*fn1 provisions

[ 108 Pa. Commw. Page 157]

    establishing a Community Work Experience Program (CWEP).*fn2 Individuals receiving aid to families with dependent children or general assistance benefits were, with certain enumerated exceptions, required to register for employment, training and manpower services. Commonwealth departments, agencies and political subdivisions could submit proposed community work projects to the Department of Public Welfare (DPW) and, if approved, would receive CWEP registrants. Hired applicants would work approximately fifty hours a month at a minimum wage level.

As the CWEP was being implemented, Council 13, American Federation of State, County and Municipal Employees, AFL-CIO (AFSCME), the certified bargaining unit for Commonwealth employees, filed a petition for review in this Court's original jurisdiction*fn3 requesting declaratory and injunctive relief as to the usurpation of AFSCME bargaining unit positions by CWEP workers. AFSCME's injunctive action, filed in May 1983, was stayed by mutual consent of the parties so that arbitration concerning specific grievances of the existing collective bargaining agreement could be pursued.

Finding the outcome of that proceeding unsatisfactory, AFSCME filed a motion for summary judgment on October 16, 1986. This motion was subsequently amended to be regarded and acted upon as a motion for judgment on the pleadings.*fn4 The Commonwealth filed

[ 108 Pa. Commw. Page 158]

    its cross-motion for summary judgment on February 27, 1987.

In support of its motion for summary judgment, the Commonwealth has submitted eight affidavits*fn5 of department officials who reviewed the implementation of the CWEP. In rebuttal, AFSCME presents the affidavit of its Director of the Grievance Department, the transcript of the arbitration proceeding, and arbitrator Arvid Anderson's decision.

[ 108 Pa. Commw. Page 159]

When considering a motion for judgment on the pleadings, a court must limit its review of the facts to those appearing in the pleadings themselves. Puleo v. Broad Street Hospital, 267 Pa. Superior Ct. 581, 407 A.2d 394 (1979). The moving party admits the truth of all allegations of his adversary and the untruth of his own allegations which have been denied. Tate v. Pennsylvania Page 159} Board of Probation and Parole, 40 Pa. Commonwealth Ct. 4, 396 A.2d 482 (1979). Judgment on the pleadings should be granted only when the case is free from doubt and trial would be a fruitless exercise. City of Philadelphia v. Hennessey, 48 Pa. Commonwealth Ct. 600, 411 A.2d 567 (1980).

In ruling on a motion for summary judgment, a court must consider not only the pleadings but other documents of record, such as affidavits and exhibits. See Spain v. Vicente, 315 Pa. Superior Ct. 135, 461 A.2d 833 (1983). Again, however, for summary judgment to be entered, the movant's right must be clear and no doubt as to a genuine issue of fact exist. Simpson v. ...


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