thereby violating her due process rights. For the reasons stated we conclude that plaintiff possesses no property interest in continued employment and summary judgment will therefore be granted in favor of all defendants.
Plaintiff was a secretary to a District Magistrate in Westmoreland County. She was appointed to the position by the then-President Judge of the County Court of Common Pleas. On March 26, 1985, plaintiff was discharged from her position by an Administrative Order of President Judge McCormick, a defendant here.
While employed in this position, plaintiff was a member of Service Employees International Union (SEIU), Local 585. The Local was the bargaining unit for various county employees, including court appointed employees such as plaintiff Bendorf. In negotiations with the County Commissioners, the Union achieved a collective bargaining agreement which covered plaintiff. That agreement created an arbitration system and, plaintiff alleges a "just cause" standard for discharge.
Plaintiff claims that the just cause provision creates a property interest invoking due process guarantees. Defendants contend that this provision was never intended to apply to court-appointed personnel such as plaintiff, but even if it did apply, it was a nullity due to limitations on legislative authority imposed by the Pennsylvania Constitution.
We find it difficult to state the applicable principles any more succinctly and accurately than the following excerpt from Eshelman v. Commissioners of Berks County, 62 Pa. Commw. 310, 436 A.2d 710, 712 (1981):
The Constitution of Pennsylvania establishes three separate, equal, and independent branches of government: the legislature; the executive; and the judiciary. Each branch of our state government is clothed with certain exclusive rights and powers. The courts of this Commonwealth under our Constitution have certain inherent rights and powers to do all such things as are reasonably necessary for the administration of justice. Sweet v. Pennsylvania Labor Relations Board, 457 Pa. 456, 322 A.2d 362 (1974). The power to appoint necessary attendants upon the court is inherent in the court to enable it to perform properly the duties delegated to it by the Constitution, and it cannot be doubted that judicial power includes the authority to select person whose services may be required in judicial proceedings or who may be required to act as assistants of the judges in the performance of their judicial functions. Id.