Appealed From No. PF-C-95-265-E. State Agency Pennsylvania Labor Relations Board.
Before: Honorable James R. Kelley, Judge, Honorable Jim Flaherty, Judge, Honorable Silvestri Silvestri, Senior Judge. Opinion BY Senior Judge Silvestri.
The opinion of the court was delivered by: Silvestri
OPINION BY SENIOR JUDGE SILVESTRI
Frackville Borough Police Department (Police Department) petitions for review of an order of the Pennsylvania Labor Relations Board (PLRB) which dismissed a charge of unfair labor practices against Frackville Borough (Frackville).
The factual and procedural history is as follows. On or about December 18, 1995, the PLRB issued a complaint and notice of hearing pursuant to a charge of unfair labor practices filed by the Police Department. The specification of charges filed by the Police Department stated as follows:
1. Complainant, the Frackville Borough Police Department, represents the bargaining unit consisting of all sworn police officers employed by the Borough of Frackville (Borough) pursuant to Act 111 of 1968 and the Pennsylvania Labor Relations Act (PLRA).
2. The Respondent, Borough of Frackville, is the public employer of complainant's members within the meaning of those two Acts.
3. As a term and condition of employment, bargaining unit members belong to the police pension plan, which maintains the police pension fund (fund) for the benefits of bargaining unit members.
4. Performance of the police pension fund directly impacts bargaining unit members as contributions, levels of benefits and actuarial soundness. Performance of the fund is controlled directly by the fund manager.
5. For at least 20 years prior to November 20, 1995, the police pension fund was managed by Meridian Bank with the acquiescence of both the police and the Borough.
6. On or about November 20, 1995, the Borough unilaterally changed management of the fund from Meridian Bank to Pennsylvania National Bank without fulfilling its duty to bargain with the police, either as to the modification or impact of that modification.
WHEREFORE, the Respondent has committed unfair labor practices in violation of Act 111 of 1968 and Section 6(1)(a) and (e) of the Pennsylvania Labor Relations Act. ...