Fraternal Order of Police Haas Memorial Lodge No. 7 v. City of Erie

42 Pa. D. & C.3d 451, 1986 Pa. Dist. & Cnty. Dec. LEXIS 237
CourtPennsylvania Court of Common Pleas, Erie County
DecidedDecember 18, 1986
Docketno. 92-E-1986
StatusPublished

This text of 42 Pa. D. & C.3d 451 (Fraternal Order of Police Haas Memorial Lodge No. 7 v. City of Erie) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Erie County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Fraternal Order of Police Haas Memorial Lodge No. 7 v. City of Erie, 42 Pa. D. & C.3d 451, 1986 Pa. Dist. & Cnty. Dec. LEXIS 237 (Pa. Super. Ct. 1986).

Opinion

LEVIN, J.,

This matter comes before the court on plaintiff’s complaint in equity for a preliminary injunction. Plaintiff seeks to enjoin defendant from certain acts ordered by defendant City of Erie against plaintiff pending a determination by the Pennsylvania Labor Relations Board (hereinafter referred to as board) of an alleged unfair labor practice. The hearing on this matter was originally set for December 1, 1986, at 12:00 noon. Pursuant to a stipulation of parties, the hearing was continued until December 17, 1986, at 9:30 a.m. with a preliminary injunction to remain in effect without bond. The parties further agreed that plaintiff would not be required to file bond for this injunction, pending the filing of this opinion. During this period, the parties would continue to negotiate.

FINDINGS OF FACT

1. Plaintiff is the collective bargaining agent recognized by the Pennsylvania Labor Relations Board for certain employees of the Bureau of Police, City of Erie.

2. Defendant City of Erie is a municipal corporation operating in the City of Erie, Commonwealth of Pennsylvania.

3. Defendant, City of Erie, and plaintiff entered into a collective bargaining agreement dated January 1, 1985.

4. It has been a practice over some period of time for the Bureau of Police, City of Erie, employees to work one of three eight-hour shifts, seven days a week, 52 weeks a year on a rotating basis. Í.

[453]*4535. The above findings constitute a possible term and condition of their employment.

6. In November 1986 defendant published a notice requiring all Bureau of Police employees to select their vacation periods for the 1987 year based on either a three-platoon or a four-platoon system.

7. A four-platoon system is a shift rotation encompassing four shifts within a given 24-hour period.

8. Defendant, at a meeting with plaintiff’s representative held on November 17, 1986, discussed the implementation of a four-platoon system.

9. In attempting to install this four-platoon system, defendant alleges it is doing so for public safety and that it is authorized to do so based on its inherent managerial rights.

10. On November 24, 1986, plaintiff filed a charge of unfair labor practices with the board based on defendant’s action as hereinbefore stated. Plaintiff requested that the board investigate the charge, conduct a hearing and determine the propriety of defendant’s unilateral change in the terms and conditions of employment by the implementation of the aforestated shift rotation without prior negotiations, bargaining or arbitration.

11. The Pennsylvania Labor Relations Board, by virtue of the aforementioned actions, could possibly find in its first order that an unfair labor practice has been committed by the defendant, City of Erie.

12. The parties scheduled and conducted meetings to negotiate the changes in the four-platoon system.

13. Collective bargaining must begin at least six months before the start of the fiscal year of the political subdivision or of the Commonwealth, as the case may be, and any request for arbitration, as hereinafter provided, shall be made at least 110 days before the start of the said fiscal year.

[454]*45414. A hearing in this case was held before this court on December 17, 1986. At that hearing, it was enunciated to this court that no agreement had been reached by the parties by virtue of the negotiations on the institution of the four-platoon system.

15. Although not officially passed or signed by the mayor, it is the probable intention of the city to adopt the four-platoon system as of January 1, 1987, unless there is a negotiated agreement to the contrary.

16. The injunction sought by plaintiff is a prohibitive injunction requesting only a continuation of the status quo pending the initial Pennsylvania Labor Relations Board hearing.

DISCUSSION

In deciding this matter, the threshold issue is whether this court has the power to issue a preliminary injunction to maintain the status quo when the underlying cause of action involves a question of a commission of an unfair labor practice.

The Pennsylvania Supreme Court has held that although the Pennsylvania Labor Relations Board has exclusive jurisdiction over unfair labor practice proceedings, the courts of this Commonwealth have the power to grant additional relief, including injunctive relief. They can do this where the remedy obtainable before the board is inadequate. Mazzie v. Commonwealth, 495 Pa. 128, 432 A.2d 985 (1981). Hollinger v. Dept. of Public Welfare, 469 Pa. 358, 365 A.2d 1245 (1976). Only in limited circumstances, none of which are here involved, does the Pennsylvania Labor Relations Board have the right to grant injunctive relief.

Admittedly, there is a distinction between a mandatory injunction and a prohibitory injunction. This [455]*455difference is succinctly set forth by the Mazzie court:

“[Mandatory injunctions . . . command the performance of some positive act to preserve the status quo, and prohibitory injunctions . . . enjoin the doing of an act that will change the status quo. This court has engaged in greater scrutiny of mandatory injunctions and has often stated that they should be issued more sparingly than injunctions that are merely prohibitory.” (Citations omitted.)

Mazzie v. Commonwealth, supra, 495 Pa. at 134, 432 A.2d at 988. .Where a preliminary injunction is prohibitory, that court went on to state:

“[We] will not review the merits of the controversy but will only determine if there were any apparently reasonable grounds to support the action and will reverse only if no such grounds exist.” (Citations omitted.) Id. As such the court has greater latitude to issue prohibitory injunctions. Nevertheless, when granting a prohibitory injunction, the court must still determine if there is a reasonable basis to charge the city with the commission of an unfair labor practice. However, the granting of a preliminary prohibitory injunction does not mean that a decision has been made by this court on the merits of the unfair labor practice charge. That decision must rest primarily with the Pennsylvania Labor Relations Board. Mazzie v. Commonwealth, supra. See: Roberts v. Board of Directors of School District of Scranton, 462 Pa. 464, 341 A.2d 475 (1975); Bell v. Thornburgh, 491 Pa. 263, 420 A.2d 4(13 (1980). Furthermore, the findings of any court in determining whether injunctions should be issued is not res adjudicata as to the merits.

The above principles were more recently enunciated in City of Harrisburg v. Capital City Lodge no. 12, 80 Pa. Commw. 193, 471 A.2d 166 (1984). That [456]*456case in many ways mirrors the present case. The Commonwealth Court found that a preliminary injunction to maintain the status quo was appropriate inasmuch as the unilateral action taken by the police department disregarded certain seniority benefits which accrüed to the employees. Id.

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Related

Mazzie v. Commonwealth
432 A.2d 985 (Supreme Court of Pennsylvania, 1981)
Hollinger v. Department of Public Welfare
365 A.2d 1245 (Supreme Court of Pennsylvania, 1976)
Roberts v. School Dist. of Scranton
341 A.2d 475 (Supreme Court of Pennsylvania, 1975)
Bell v. Thornburgh
420 A.2d 443 (Supreme Court of Pennsylvania, 1980)
City of Harrisburg v. Capital City Lodge No. 12
471 A.2d 166 (Commonwealth Court of Pennsylvania, 1984)

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Bluebook (online)
42 Pa. D. & C.3d 451, 1986 Pa. Dist. & Cnty. Dec. LEXIS 237, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fraternal-order-of-police-haas-memorial-lodge-no-7-v-city-of-erie-pactcomplerie-1986.