Appeal from the Order of the Pennsylvania Labor Relations Board, in case of In the Matter of the Employes of The State System of Higher Education, Case No. PF-R-80-106-C.
Anthony C. Busillo, II, for petitioner.
John Best Neurohr, with him, James L. Crawford and Scott A. Brooks, for respondent.
Frank A. Fisher, Jr., Deputy Chief Counsel, with him, John D. Raup, Chief Counsel, for intervenor, State System of Higher Education.
Michael H. Small, Farrell & Small, Of Counsel, W. Glen Jeakle, II, Gregory, Van Lopik, Moore & Jeakle, for intervenor, International Union, United Plant Guard Workers of America (UPGWA).
President Judge Crumlish, Jr., and Judges Craig, MacPhail, Doyle, Barry, Colins and Palladino. Opinion by Judge Doyle.
[ 113 Pa. Commw. Page 432]
Before us for our review is an order of the Pennsylvania Labor Relations Board (Board) which dismissed a petition for investigation and certification of representatives filed by the Conference of Pennsylvania College Police Officers, Fraternal Order of Police (Petitioners)*fn1 after concluding that it lacked jurisdiction over Petitioners because their employer did not fall within the category of employers covered by the Act of June 24, 1968, P.L. 237, 43 P.S. §§ 217.1-217.10 (Act 111).
[ 113 Pa. Commw. Page 433]
After Petitioners brought their petition, the hearing examiner determined that there was a unit appropriate for collective bargaining.*fn2 The Commonwealth, which was the named employer, was directed to submit a list of employees within the unit. An election of officers was conducted. On February 28, 1983 the Board issued a nisi order of certification certifying the Fraternal Order of Police as the exclusive representative of the group. The Fraternal Order of Police then filed a motion to reopen the record and the Board subsequently directed a remand to consider certain changed circumstances and whether such changes would affect the status of certain employees who had been excluded from the bargaining unit.
On August 23, 1983 the Commonwealth filed a "motion to dismiss and substitute new employer," i.e., the State System of Higher Education (SSHE). SSHE also filed a motion to dismiss on that date.
SSHE was created by Section 2002-A of the Public School Code of 1949 (Code), Act of March 10, 1949, P.L. 30, as amended, 24 P.S. § 20-2002-A. In understanding why the Commonwealth's motion to substitute a new employer was filed when it was, it is important to understand that Section 2002-A was added to the Code by Section ...