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COMMONWEALTH PENNSYLVANIA v. COMMONWEALTH PENNSYLVANIA (05/26/88)

decided: May 26, 1988.

COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF CORRECTIONS, STATE CORRECTIONAL INSTITUTION AT MUNCY, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA LABOR RELATIONS BOARD, RESPONDENT



Appeal from the Order of the Pennsylvania Labor Relations Board, No. PERA-C-85-543-E.

COUNSEL

Nathan C. Pringle, Assistant Counsel, with him, John D. Raup, Chief Counsel, for petitioner.

James L. Crawford, with him, Arlene F. Klinedinst, for respondent.

Gary R. Gordon, Kirschner, Walters & Willig, for intervenor, American Federation of State, County and Municipal Employees, Council 13.

President Judge Crumlish, Jr., and Judge McGinley, and Senior Judge Narick, sitting as a panel of three. Opinion by Senior Judge Narick.

Author: Narick

[ 116 Pa. Commw. Page 370]

The instant matter involves an appeal by the Commonwealth of Pennsylvania, Department of Corrections (Commonwealth) from a decision of the Pennsylvania Labor Relations Board (Board). We affirm.

John Larkin (Grievant) who was employed by the State Correctional Institution at Muncy (Muncy) was suspended pending an investigation regarding disciplinary charges which had been filed against him. On October 17, 1985, a pre-disciplinary administrative hearing was held and at this hearing Grievant was represented by the American Federation of State, County and Municipal

[ 116 Pa. Commw. Page 371]

Employees (AFSCME).*fn1 A request was made to the Commonwealth by AFSCME to identify certain witnesses the Commonwealth had referred to at the October 17, 1985 hearing. The Commonwealth refused this request.

On October 25, 1985, AFSCME filed a charge of unfair labor practices with the Board alleging that the Commonwealth was in violation of Sections 1201(a)(1) and (5) of the Public Employe Relations Act (Act),*fn2 Act of July 23, 1970, P.L. 563, as amended, 43 P.S. ยงยง 1201(a)(1) and (5).*fn3 The Board, inter alia, directed the Commonwealth to disclose the identification of witnesses which had previously only been identified by number at the October 17, 1985 hearing. The Commonwealth appealed to this Court.

The sole issue before us is whether the Commonwealth was obligated to identify witnesses.*fn4

It is the function of the Board to appraise conflicting evidence, determine credibility of witnesses and to draw inferences from established facts and circumstances. ...


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