Ass'n of Catholic Teachers Local 1776 v. Pennsylvania Labor Relations Board

671 A.2d 1207, 152 L.R.R.M. (BNA) 2426, 1996 Pa. Commw. LEXIS 65
CourtCommonwealth Court of Pennsylvania
DecidedFebruary 26, 1996
StatusPublished
Cited by2 cases

This text of 671 A.2d 1207 (Ass'n of Catholic Teachers Local 1776 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
Ass'n of Catholic Teachers Local 1776 v. Pennsylvania Labor Relations Board, 671 A.2d 1207, 152 L.R.R.M. (BNA) 2426, 1996 Pa. Commw. LEXIS 65 (Pa. Ct. App. 1996).

Opinion

DOYLE, Judge.

The Norwood-Fontbonne Academy (the Academy), a private Catholic elementary and secondary school, appeals from an order of the Court of Common Pleas of Philadelphia County which determined that two of its lay teachers, Brian Fagan and Margaret J. Doyle, were covered employes under the Public Employe Relations Act (PERA)1 and further found that the Pennsylvania Labor Relations Board (PLRB) had jurisdiction to consider a petition by the Association of Catholic Teachers, Local 1776 (the Association), requesting that it be certified as the representative of the Academy’s lay teachers, as well as a separate petition alleging that the Academy had engaged in unfair labor practices when it furloughed the two lay teachers.

The Academy is operated by the religious order of the Sisters of St. Joseph in Chestnut Hill, Philadelphia. In addition to those members of its faculty who belong to the Sisters of St. Joseph, or who have similarly dedicated themselves to the religious life, the Academy employs a substantial number of lay teachers.

On June 9, 1993, the Association filed a petition with the PLRB in which it alleged that thirty percent of the Academy’s lay teachers wished the Association to represent them and that an election should therefore be held pursuant to Section 603 of PERA, 43 P.S. § 1101.603. Subsequently, on June 18, 1993, the Association filed another petition, on behalf of Fagan and Doyle, in which it alleged that the Academy had engaged in unfair labor practices in violation of Section 1201(a) of PERA, 43 P.S. § 1101.1201. Specifically, the Association alleged that the Academy had terminated the employment of Fagan and Doyle, effective at the end of the 1992-1993 school year, because of their efforts to organize a union at the Academy.

The Secretary of the PLRB dismissed the petitions on the grounds that the PLRB lacked jurisdiction to review the merits of these claims because the Academy was not a “public employer” and because the lay teachers were not “public employes” for the purposes of Section 301 of PERA, 43 P.S. § 1101.301. The Association filed exceptions to the Secretary’s decision. However, by a final order dated April 19, 1994, the PLRB dismissed the exceptions and affirmed the decision of the Secretary denying the Association and the discharged teachers a hearing. In reaching this result, the PLRB did not address the question of whether the Academy was a “public employer” under PERA, but instead based its decision solely on its conclusion that the Academy’s lay teachers [1209]*1209were not “public employes” as defined in Section 301 of PERA.2

The decision of the PLRB focused on whether the lay teachers qualified as “employes ... at ... facilities when utilized primarily for religious purposes,” and were therefore exempt from the requirements of PERA. 43 P.S. § 1101.301(2). The PLRB, utilizing an institutional approach, concluded that “the inquiry in this regard is whether or not the facilities, not the employes, are primarily utilized for religious purposes.... Even though the employes at issue in these cases are lay teachers and librarians, they too, in their duties in carrying out the religious and educational mission of the school, are being used for primarily a religious purpose.” (PLRB Opinion at 3-4.)

The Association, Fagan and Doyle appealed the PLRB’s decision to the court of common pleas. In a decision dated June 20, 1995, the Philadelphia County Court of Common Pleas reversed the determination of the PLRB and remanded the case for a hearing on the merits. The trial court found that the PLRB’s analysis of the term “public employes” was flawed and that the PLRB failed to provide a reasoned explanation for its decision in light of one of its own prior decisions which reached a contrary result.3 The trial court further found that in determining whether an employe was exempted from coverage under PERA, it is necessary to focus on what each individual employe actually does rather than the overriding purpose of the facility as a whole. Focusing its analysis on the individual employes of the Academy, rather than the institution as was done by the PLRB, the trial court concluded that the teachers were “public employes” under PERA and that the PLRB had jurisdiction to hear their petitions as well as the petition of the Association.

The Academy filed a petition with this Court requesting permission to appeal the interlocutory order4 of the court of common pleas.5 By an order dated August 22, 1995, we granted the Academy permission to pursue an interlocutory appeal before this Court.

The sole issue before us is whether the lay teachers and librarians employed at the Academy are “public employes” within [1210]*1210the meaning of Section 301(2) of PERA, 43 P.S. § 1101.301(2). For the reasons explained below, we reverse the decision of the court of common pleas and hold that the teachers employed by the Academy are not “public employes” who fall under the protection of PERA.

The Academy argues that the court of common pleas erred in relying on the PLRB’s 1972 decision in Matter of the Employees of the Archdiocese of Philadelphia in finding that the PLRB did have jurisdiction. We agree and take particular note that the United States Supreme Court’s decision in National Labor Relations Board v. Catholic Bishop of Chicago, this Court’s decision in Christian School Association of Greater Harrisburg v. Department of Labor and Industry, 55 Pa.Cmwlth. 555, 423 A.2d 1340 (1980), and the PLRB’s own decision in Faith Tabernacle School in 1983,6 have all been handed down since 1972 and have superseded the PLRB’s earlier decision in Archdiocese of Philadelphia. In addition, the PLRB in its opinion in the present case cited to all three of these post-1972 decisions. See PLRB Opinion at 4 n. 1. Such an approach, which acknowledges these decisions and follows their precedential authority, is not “institutional amnesia.” Accordingly, we agree with the Academy that the trial court committed error by not recognizing this later authority and therefore hold that the PLRB did not ignore its own precedent, but instead provided sound reasons for deciding not to accept jurisdiction.

Nevertheless, since the present case involves a pure question of law, we are obliged to conduct our own statutory analysis to determine whether the PLRB correctly concluded that the Academy’s teachers were excluded from the definition of “public employes” under PERA. Section 301(2) of PERA states in pertinent part:

“Public employe” or “employe” means any individual employed by a public employer

43 P.S. § 1101.301 (third and fourth emphasis added). The Academy argues that it is exempt under Section 301(2) of PERA since it is a facility which is used primarily for religious purposes. The Association does not dispute that the Academy as a whole is operated primarily for religious purposes.

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671 A.2d 1207, 152 L.R.R.M. (BNA) 2426, 1996 Pa. Commw. LEXIS 65, Counsel Stack Legal Research, https://law.counselstack.com/opinion/assn-of-catholic-teachers-local-1776-v-pennsylvania-labor-relations-board-pacommwct-1996.