County of Delaware v. Commonwealth, Pennsylvania Labor Relations Board

Commonwealth Court of Pennsylvania

County of Delaware v. Commonwealth, Pennsylvania Labor Relations Board

492 A.2d 506, 89 Pa. Commw. 402, 1985 Pa. Commw. LEXIS 1038

CourtCommonwealth Court of Pennsylvania

DecidedMay 22, 1985

DocketAppeal, No. 1121 C.D. 1983

StatusPublished

This text of 492 A.2d 506 (County of Delaware v. Commonwealth, 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

County of Delaware v. Commonwealth, Pennsylvania Labor Relations Board, 492 A.2d 506, 89 Pa. Commw. 402, 1985 Pa. Commw. LEXIS 1038 (Pa. Ct. App. 1985).

Pincite

Opinion

Opinion by

Judge Blatt,

The County of Delaware (County) appeals an order of the court of common pleas of that county affirming a Pennsylvania Labor Relations Board order which directed the County to bargain with the Delaware County Prison Employees Independent Union, which had displaced the former incumbent union, Teamster’s Local Union 77, as the collective bargaining representative for the County’s prison guards.

This appeal raises a question of first impression concerning whether or not a successor union may require a public employer to bargain with it where the public employer had already entered into a collective bargaining agreement with another union which had represented the bargaining unit as a result of interest arbitration to which the successor union had not been a party. Save for the omission here of the County’s contention that the Board’s order violated Section 731.4 of the Uniform Arbitration Act, 42 Pa. C. S. §7314, the issues here presented are the same as were raised below.

Having carefully reviewed the record and the law in this area as well as having considered the parties’ arguments, we conclude that the court of common pleas addressed and correctly resolved these issues and we will, therefore, affirm on the basis of the very able opinion of the Honorable Melvin G. Levy, found at 70 Del. Co. Rptr. 441 (1983), D. & C. 3rd , noting, however, that we take no position concerning the Section 7314 issue which was not presented here for our review.

[404]*404Order

And Now, this 22nd day of May, 1985, the order of the Court of Common Pleas of Delaware County in the above-captioned matter is affirmed.

Judge Williams, Jr. did not participate in the decision in this case.

Free access — add to your briefcase to read the full text and ask questions with AI

Opinion by

Judge Blatt,

The County of Delaware (County) appeals an order of the court of common pleas of that county affirming a Pennsylvania Labor Relations Board order which directed the County to bargain with the Delaware County Prison Employees Independent Union, which had displaced the former incumbent union, Teamster’s Local Union 77, as the collective bargaining representative for the County’s prison guards.

This appeal raises a question of first impression concerning whether or not a successor union may require a public employer to bargain with it where the public employer had already entered into a collective bargaining agreement with another union which had represented the bargaining unit as a result of interest arbitration to which the successor union had not been a party. Save for the omission here of the County’s contention that the Board’s order violated Section 731.4 of the Uniform Arbitration Act, 42 Pa. C. S. §7314, the issues here presented are the same as were raised below.

Having carefully reviewed the record and the law in this area as well as having considered the parties’ arguments, we conclude that the court of common pleas addressed and correctly resolved these issues and we will, therefore, affirm on the basis of the very able opinion of the Honorable Melvin G. Levy, found at 70 Del. Co. Rptr. 441 (1983), D. & C. 3rd , noting, however, that we take no position concerning the Section 7314 issue which was not presented here for our review.

[404]*404Order

And Now, this 22nd day of May, 1985, the order of the Court of Common Pleas of Delaware County in the above-captioned matter is affirmed.

Judge Williams, Jr. did not participate in the decision in this case.

Cite This Page — Counsel Stack

Bluebook (online)

492 A.2d 506, 89 Pa. Commw. 402, 1985 Pa. Commw. LEXIS 1038, Counsel Stack Legal Research, https://law.counselstack.com/opinion/county-of-delaware-v-commonwealth-pennsylvania-labor-relations-board-pacommwct-1985.

Opinion

Related

Cite This Page — Counsel Stack