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CITY PITTSBURGH v. COMMONWEALTH PENNSYLVANIA (03/30/89)

decided: March 30, 1989.

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



Appeal from the Order of the Pennsylvania Labor Relations Board in the case In The Matter of the Employees of City of Pittsburgh, Case No. PF-U-85-89-W.

COUNSEL

Joseph F. Quinn, Assistant City Solicitor, with him, D. R. Pellegrini, City Solicitor, for petitioner.

John B. Neurohr, with him, James L. Crawford, for respondent.

Stanford A. Segal, Gatz, Cohen, Segal & Koerner, for intervenor, Firefighters, Local No. 1.

Judges Craig and Doyle, and Senior Judge Kalish, sitting as a panel of three. Opinion by Judge Craig.

Author: Craig

[ 124 Pa. Commw. Page 502]

This case presents the question of whether the 159 captains, 24 battalion chiefs and 4 deputy chiefs in the

[ 124 Pa. Commw. Page 503]

Pittsburgh Bureau of Fire should be excluded from the collective bargaining unit, the union representative of which is the Pittsburgh Firefighters, Local No. 1, International Association of Firefighters, AFL-CIO.

To request the exclusion of those positions, the city filed its petition for unit clarification with the Pennsylvania Labor Relations Board (PLRB) on November 12, 1985. After hearings, a hearing examiner issued a proposed order of unit clarification, finding that the positions were nonmanagerial and should remain within the bargaining unit. After the PLRB dismissed the city's exceptions and made the proposed order final, the city appealed.

Facts

The hearing examiner's findings of fact, describing the functions and relationships of the various fire bureau positions, are largely undisputed. To summarize the relationships and some of the functions stated in Findings of Fact Nos. 4-39, we here set forth a generalized table of organization, as follows:

PUBLIC SAFETY DIRECTOR

DEPUTY DIRECTOR

FIRE CHIEF

ADMINISTRATIVE AIDE

ASST. DIR. FIRE SUPPRESSION ASST. DIR. FIRE PREVENTION

DEPUTY CHIEFS (4 -- Each supervises a platoon [shift].)

BATTALION CHIEFS (24 -- Each supervises one of ...


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