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COMMONWEALTH PENNSYLVANIA v. COMMONWEALTH PENNSYLVANIA (05/03/89)

decided: May 3, 1989.

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



Appeal from the Order of the Pennsylvania Labor Relations Board, in the case of In The Matter of the Employees of Commonwealth of Pennsylvania, No. PF-R-85-70-E.

COUNSEL

Steven O. Newhouse, Assistant Counsel, with him, Robert J. Schwartz, Assistant Counsel, and Frank A. Fisher, Jr., Chief Counsel, for petitioner.

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

Anthony C. Busillo, II, for intervenor, Pennsylvania State Park Officers Association.

Michael H. Small, Farrell & Small ; Of Counsel: Scott A. Brooks, Gregory, Moore, Jeakle & Heinen, for intervenor, International Union, United Plant Guard Workers of America.

Judges Barry and Palladino, and Senior Judge Narick, sitting as a panel of three. Opinion by Senior Judge Narick.

Author: Narick

[ 125 Pa. Commw. Page 550]

The Commonwealth of Pennsylvania (Commonwealth) appeals an order of the Pennsylvania Labor Relations Board (Board) which certified the Pennsylvania State Park Officers Association (Association), an affiliate of the Fraternal Order of Police, as collective bargaining representative of the Pennsylvania Park Ranger II, Seasonal Park Ranger II and Park Ranger Supervisor units (collectively, Park Rangers II), pursuant to the Collective Bargaining Act.*fn1 We affirm.

The facts are as follows. On September 3, 1985, the Association filed a petition for representation, requesting that the Board investigate and conduct an election to determine whether the Association represented fifty percent or more of the Park Rangers II.*fn2

A hearing was held where all parties in interest were afforded full opportunity to present testimony. On June

[ 125 Pa. Commw. Page 5512]

, 1986, the Hearing Examiner issued an order which concluded that certain of these Park Rangers II were "policemen" within the meaning of Act 111 and directed the Commonwealth to submit a list of employees in the unit in order that an election could be conducted.

After the election (first election) and the Association was voted as representative, both the Association and the Commonwealth filed exceptions with the Board. The Board remanded to the Hearing Examiner for further proceedings, wherein the Examiner found that all Park Rangers II classifications were "policemen" within the ...


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