Fraternal Order of Police, Star Lodge No. 20 v. Commonwealth

511 A.2d 923, 104 Pa. Commw. 561, 1986 Pa. Commw. LEXIS 2323
CourtCommonwealth Court of Pennsylvania
DecidedJune 27, 1986
DocketAppeal, No. 1714 C.D. 1985
StatusPublished
Cited by10 cases

This text of 511 A.2d 923 (Fraternal Order of Police, Star Lodge No. 20 v. Commonwealth) 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
Fraternal Order of Police, Star Lodge No. 20 v. Commonwealth, 511 A.2d 923, 104 Pa. Commw. 561, 1986 Pa. Commw. LEXIS 2323 (Pa. Ct. App. 1986).

Opinion

Opinion by

Judge Colins,

The Fraternal Order of Police (Union) appeals from an order of the Pennsylvania Labor Relations Board [563]*563(Board) which concluded that the City of Bethlehem’s Police Commissioner and six (6) Captains are managerial employees within the meaning of the Pennsylvania Labor Relations Act, Act of June 1, 1937, P.L. 1168, as amended, 43 P.S. §§211.1-211.13 and that Act commonly referred to as Act 111, Act of June 24, 1968, P.L. 237, 43 P.S. §§217.1-217.10 and, therefore, are excluded from the bargaining unit.

The Union had filed an investigation and certification of representative petitions with the Board, seeking to represent a bargaining unit of the City’s Police Department. After a hearing, the hearing examiner determined that the Commissioner and Captains were managerial employees. Thereafter, a representative election was held and the Union was certified as the exclusive bargaining representative for the Police Department, excluding the aforementioned managerial employees. The Union filed exceptions to the certification, alleging that the Captains should have been included in the bargaining unit. The Board dismissed the exceptions, and affirmed the certification. This appeal followed.

In reviewing an order of the Board, our scope of review is limited to a determination of whether the factual findings of the Board are supported by substantial evidence. If so, they are conclusive upon review. Commonwealth v. Pennsylvania Labor Relations Board, 502 Pa. 7, 463 A.2d 409 (1983).

This Court has recently approved certain indicia used by the Board to define managerial status. Township of Chartiers v. Pennsylvania Labor Relations Board, 98 Pa. Commonwealth Ct. 44, 510 A.2d 884 (1986). These include the following:

Policy Formulation—authority to initiate departmental policies, including the power to issue general directives and regulations;
[564]*564Program Development—authority to develop and change operational programs of the Department;
Public Relations—Independence in representing the Department to the public;
Budget Making—authority to prepare proposed budgets for the Department, as distinguished from merely making suggestions with respect to particular budget items;
Purchasing Decisions — authority to make substantial purchasing decisions, rather than merely making suggestions;
Hiring Recommendations — authority to make recommendations concerning persons to be hired and dismissed by the governing officials;
Disciplinary Rule—authority to initiate formal disciplinary actions.

The hearing examiner found, inter alia, that the Captains and the Commissioner discussed and resolved policy matters through consensus; that standard operating procedures are drafted by consensus; that the Captains act as a liaison between the police department and various citizen groups; that each Captain prepares a budget for his individual bureau; that the Captains evaluated the officers under their command; and that the Captains have the authority to initiate formal disciplinary actions. After a thorough review of the record, we find that these findings are supported by substantial evidence. These findings support the legal conclusion that the Captains are managerial employees; therefore, the order of the Board is affirmed.

Order

And Now, June 27, 1986, the order of the Pennsylvania Labor Relations Board, No. PF-R-83-74-E, dated June 10, 1985, is affirmed.

[565]*565Opinion by Judge Craig, March 13, 1987:

Pursuant to reargument before the court en banc after the issuance of a decision of this court by a panel, Fraternal Order of Police, Star Lodge No. 20 v. Pennsylvania Labor Relations Board (Star Lodge I), 104 Pa. Commonwealth Ct. 561, 511 A.2d 923 (1986), the whole courts reconsideration leads to the conclusion that our initial decision—affirming the Pennsylvania Labor Relations Board (Board)—is sound.

The court en banc adopts the succinct statement of the case which Judge Colins authored in the initial opinion, Star Lodge I, as follows:

The Fraternal Order of Police (Union) appeals from an order of the Pennsylvania Labor Relations Board (Board) which concluded that the City of Bethlehem’s Police Commissioner and six (6) Captains are managerial employees within the meaning of the Pennsylvania Labor Relations Act, Act of June 1, 1937, P.L. 1168, as amended, 43 P.S. §§211.1-211.13 and that Act commonly referred to as Act 111, Act of June 24, 1968, P.L. 237, 43 P.S. §§217.1-217.10 and, therefore, are excluded from the bargaining unit.
The Union had filed an investigation and certification of representative petitions with the Board, seeking to represent a bargaining unit of the City’s Police Department. After a hearing, the hearing examiner determined that the Commissioner and Captains were managerial employees. Thereafter, a representative election was held and the Union was certified as the exclusive bargaining representative for the Police Department, excluding the aforementioned managerial employees. The Union filed exceptions to the certification, alleging that the Cap[566]*566tains should have been included in the bargaining unit. The Board dismissed the exceptions, and affirmed the certification. This appeal followed.
In reviewing an order of the Board, our scope of review is limited to a determination of whether the factual findings of the Board are supported by substantial evidence. If so, they are conclusive upon review. Commonwealth v. Pennsylvania Labor Relations Board, 502 Pa. 7, 463 A.2d 409 (1983).

One of the reasons for our grant of reargument was that the Board, despite this courts affirmance of its decision, essentially joined the Union in requesting reargument. Of course, the Board has no quarrel with the favorable result received in this class. Instead, the Board displays concern about three out of the seven indicia of managerial status accepted by this court in Township of Chartiers v. Pennsylvania Labor Relations Board (Chartiers), 98 Pa. Commonwealth Ct. 44, 510 A.2d 884 (1986), appeal denied, 513 Pa. 643, 521 A.2d 934 (1986), and further applied in Star Lodge 1.

In Chartiers, this court declined to endorse the Boards rebuttable presumption, voiced in Lower Allen Township, 8 Pa. Pub. Employee R. 376 (1977), aff'd in part, 11 Pa. Pub. Employee R. 17 (No. 882 Civil 1979, Court of Common Pleas of Cumberland County, filed November 28, 1979), that, in police departments of less than ten police personnel, the police chief would be presumed to have only supervisory status, not managerial authority. Our Chartiers

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511 A.2d 923, 104 Pa. Commw. 561, 1986 Pa. Commw. LEXIS 2323, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fraternal-order-of-police-star-lodge-no-20-v-commonwealth-pacommwct-1986.