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PENNSYLVANIA ASSOCIATION STATE MENTAL HOSPITAL PHYSICIANS v. COMMONWEALTH PENNSYLVANIA (04/20/89)

decided: April 20, 1989.

PENNSYLVANIA ASSOCIATION OF STATE MENTAL HOSPITAL PHYSICIANS, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA LABOR RELATIONS BOARD, RESPONDENT



Appeal from the Order of the Pennsylvania Labor Relations Board, in the case of Pennsylvania Association of State Mental Hospital Physicians v. Commonwealth of Pennsylvania, Office of Administration, Bureau of Labor Relations, Case No. PERA-C-86-334-E.

COUNSEL

Samuel L. Spear, Spear, Wilkerman, Sigmond, Borish, Endy and Silverstein, for petitioner.

Lisa Essman, with her, James L. Crawford and Arlene F. Klinedinst, for respondent.

Nathan C. Pringle, Jr., Assistant Counsel, with him, Frank A. Fisher, Jr., Acting Chief Counsel, for intervenor, Commonwealth of Pennsylvania.

Judges Barry, Colins and McGinley, sitting as a panel of three. Opinion by Judge Barry.

Author: Barry

[ 125 Pa. Commw. Page 277]

The Pennsylvania Association of State Mental Hospital Physicians (Association) petitions for our review of an order of the Pennsylvania Labor Relations Board (Board) which found that the Commonwealth, as the employer, had violated Sections 1201(a)(1) and (9) but not Section

[ 125 Pa. Commw. Page 2781201]

(a)(5) of the Public Employee Relations Act (PERA).*fn1 We affirm.

The Association was certified as the exclusive representative of a meet and discuss unit comprised of Commonwealth employees including psychiatric physicians 2 (supervisory) and child psychiatric physicians 2 (supervisory). The Association was also certified as the exclusive bargaining representative of a collective bargaining unit comprised of Commonwealth employees, including psychiatric physicians 1 (staff) and child psychiatric physicians 1 (staff). The Commonwealth has entered into numerous collective bargaining agreements with the collective bargaining unit and memoranda of understanding covering the meet and discuss unit. The practice of the parties was to negotiate the collective bargaining agreement and then submit the same to the meet and discuss unit for its consideration. No separate meet and discuss sessions have ever been held relative to the wages and benefits of the employees in the meet and discuss unit.

On January 27, 1986, the Association's negotiator sent a copy of the tentative settlement to the members of both the collective bargaining and meet and discuss units. The agreement included the pay ranges for psychiatric physicians 2 (supervisory) and child psychiatric physicians 2 (supervisory). The table indicated that the pay rate for these two employee classifications would be increased from range 55 to 57. Following the collective bargaining unit's ratification of the tentative agreement the parties signed the collective bargaining agreement on April 24, 1986.

The meet and discuss unit also voted on the tentative agreement and the parties met to discuss the proposed changes in the class ...


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