Albert Einstein Medical Center v. Pennsylvania Labor Relations Board

330 A.2d 264, 17 Pa. Commw. 91, 88 L.R.R.M. (BNA) 2280, 1975 Pa. Commw. LEXIS 751
CourtCommonwealth Court of Pennsylvania
DecidedJanuary 3, 1975
DocketAppeal, No. 1524 C.D. 1973
StatusPublished
Cited by13 cases

This text of 330 A.2d 264 (Albert Einstein Medical Center v. Pennsylvania Labor Relations Board) is published on Counsel Stack Legal Research, covering Commonwealth Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Albert Einstein Medical Center v. Pennsylvania Labor Relations Board, 330 A.2d 264, 17 Pa. Commw. 91, 88 L.R.R.M. (BNA) 2280, 1975 Pa. Commw. LEXIS 751 (Pa. Ct. App. 1975).

Opinions

Opinion by

Judge Blatt,

This appeal follows an order of the Court of Common Pleas of Philadelphia County, entered October 15, 1973, dismissing the appeal by Albert Einstein Medical Center, Northern Division (Einstein) from the final order of the Pennsylvania Labor Relations Board (PLRB) dated October 11, 1972.

On September 28, 1971, the Professional Pharmacists Guild of Delaware Valley (Guild), the intervenors herein, filed a representation petition with the PLRB seeking certification as the exclusive bargaining representative [94]*94of full and part-time pharmacists at Einstein. On June 12, 1972 after a hearing, the PLRB ordered an election to be held among all pharmacists at Einstein. At the election, held on June 23, 1972, a majority of those allegedly eligible voted, six to five, for representation by the Guild. Einstein, however, filed exceptions, alleging that a group of pharmacists, including part-time and supervisory employes within that group, constituted an inappropriate bargaining unit. Another hearing was held and, on September 14, 1972, the Board followed with a Nisi Order of Certification, made final by order of October 11, 1972, dismissing Einstein’s exceptions and thereby certifying the Guild as the exclusive bargaining representative of both full and part-time pharmacists.

Pursuant to the Public Employes Relations Act (Act 195) ,1 Einstein then appealed the PLRB’s final order to the Court of Common Pleas of Philadelphia County, which sustained the PLRB order. This appeal followed.

We scheduled argument for October 8, 1974 and on October 2, 1974 the Guild, as intervening appellee, moved to quash the appeal asserting that we now lack jurisdiction of this matter as a result of recent amendments to the federal Labor-Management Relations Act, 29 U.S.C. §141, et seq., signed into law July 26, 1974, and effective August 26, 1974.2 These amendments brought non-profit [95]*95hospitals, such as Einstein, within the coverage of the federal Act. Argument was held as scheduled on both the merits of the appeal and on the motion to quash.

Were it not for the amendments to the National Labor Relations Act, this Court would clearly have jurisdiction of the instant appeal pursuant to Section 402(3) of the Appellant Court Jurisdiction Act of 1970, Act of July 31,1970, P.L. 673, 17 P.S. §211.402(3) (Supp. 1974-1975). The Guild, however, argues that because nonprofit hospitals shall now be covered by the .National Labor Relations Act, this Court has been divested of jurisdiction pursuant to the National Labor Relations Board preemption doctrine established in Guss v. Utah Labor Relations Board, 353 U.S. 1 (1957) and again in San Diego Building Trades Council v. Garmon, 359 U.S. 236 (1959).

Upon promulgation of the National Labor Relations Act amendments concerned in this case, the General Counsel of the National Labor Relations Board envisioned some of the transitional problems likely to occur, and, in reference to possible unfair labor practices, he stated:

“Other cases may arise, posing factual situations where conduct occurring at previously uncovered institutions before the effective date of the legislation conflicts with established principles under the Act. One example would be a contract entered into with a minority union, conduct which would have been violative of Sections 8(a) (2) and (1) and 8(b) (1) (A). Since [96]*96such contracts with previously uncovered institutions did not violate the Act at the time of their execution (prior to the effective date of the amendments), they are probably immune from attack after the effective date of the legislation. . . .
“Charges may also be filed concerning previously uncovered institutions where proceedings covering the matter are pending before a state agency. Each such case will have to be individually evaluated to ascertain the specific facts, the stage of any on going state proceedings, and the possible prospective effect of continuation of the state proceedings.” (Footnotes omitted.)' 86 LRR 371, 389, 390 (August 26, 1974).

This Court, of course, well understands the importance of the preemption doctrine in bringing about uniform national labor policy. On the other hand, however, we have found no authority to suggest the application of the doctrine to situations in which state agencies have issued final decrees prior to the effective date of amendatory provisions of any statute, absent an express command within the amending legislation itself. A principle, fundamental to United States law since 1871, establishes that the repeal or amendment of federal statutes shall not release or extinguish any liabilities having accrued under the repealed provision. Act of February 25,1871, 16 Stat. 432, as amended by the Act of July 30, 1947, 61 Stat. 633, 1 U.S.C. §109 (Supp. 1974)i. Although in the instant case it may be said that no real liabilities have accrued, certain obligations, such as a duty to bargain, have clearly arisen out of the PLRB order designating the pharmacists as a bargaining unit. Where either judicial review of a final order has begun, or where an action to enforce accrued obligations remains undetermined) on the date when nullifying amendments to the statute under which those obligations arose became effective, then those actions shall survive the amendments and the obligations may be enforced, unless such amendments expressly pro[97]*97vide otherwise. Cf. National Labor Relations Board v. National Garment Co., 166 F.2d 233 (8th Cir. 1948), cert. denied, 334 U.S. 845 (1948).

The Guild’s representation petition was filed in this case in September of 1971 and the order by the PLRB certifying the Guild as the bargaining representative was made final in October of 1972, nearly two years prior to the federal amendments. The PLRB’s order was sustained by the lower court at least ten months prior to the effective date of these amendments. In fact, the action was so far along in the review process prior to the effective date of the amendments which will henceforth divest the state of its jurisdiction in these cases that the National Labor Relations Board preemption clearly does not apply here.

We must, therefore, consider the appeal and review the findings of the PLRB to determine whether or not they are supported by substantial and legally credible evidence and whether or not the conclusions deduced therefrom are reasonable and not capricious, arbitrary, or illegal. Canon-McMillan School Board v. Pennsylvania Labor Relations Board, 12 Pa. Commonwealth Ct. 323, 316 A.2d 114 (1974).

Einstein first asserted that the unit, as certified by the PLRB and consisting solely of pharmacists, will lead to the prohibited condition of an over-fragmentization of units. Section 604 of Act 195, 43 P.S. §1101.604 (Supp. 1974-1975), establishes that:

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Bluebook (online)
330 A.2d 264, 17 Pa. Commw. 91, 88 L.R.R.M. (BNA) 2280, 1975 Pa. Commw. LEXIS 751, Counsel Stack Legal Research, https://law.counselstack.com/opinion/albert-einstein-medical-center-v-pennsylvania-labor-relations-board-pacommwct-1975.