Get Set Organization v. Philadelphia Federation of Teachers, Local No. 3

286 A.2d 633, 446 Pa. 174, 1971 Pa. LEXIS 619, 79 L.R.R.M. (BNA) 2251
CourtSupreme Court of Pennsylvania
DecidedDecember 20, 1971
DocketAppeal, No. 170
StatusPublished
Cited by14 cases

This text of 286 A.2d 633 (Get Set Organization v. Philadelphia Federation of Teachers, Local No. 3) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Get Set Organization v. Philadelphia Federation of Teachers, Local No. 3, 286 A.2d 633, 446 Pa. 174, 1971 Pa. LEXIS 619, 79 L.R.R.M. (BNA) 2251 (Pa. 1971).

Opinion

Opinion by

Mk. Justice Eagen,

In this case we are asked to review the propriety of the action of the lower court in overruling preliminary objections to a complaint in equity seeking injunctive relief. We agree with the court’s disposition and accordingly affirm its decree.

This action arose from a dispute between rival employee organizations both of which seek to represent the employees of the Get Set Day Care Program in collective bargaining negotiations with the School District of Philadelphia.

On September 5, 1970, the parties agreed to settle then pending litigation1 by entering into a stipulation which was subsequently approved by the court and filed of record. In this stipulation both organizations agreed that the School District of Philadelphia should cause the American Arbitration Association to conduct an election on September 18, 1970, among the employees of the Get Set program to ascertain which of the parties the employees desired as their collective bargaining representative. Thus the case was marked as settled, discontinued and ended.

The election was held on the designated day and thereafter on October 6, 1970, AAA certified results showed that the Philadelphia City Education Association (PCEA) was the winner. On October 26, 1970, the Board of Education of the School District of Philadelphia passed a resolution recognizing POEA as exclusive bargaining agent. Thereafter, on October 27th appellant, Philadelphia Federation of Teachers (PFT), filed with the Pennsylvania Labor Relations Board [177]*177(PLRB) a petition requesting a new election based upon an alleged thirty percent showing of interest as evidenced by signed authorization cards.

On October 30, 1970, PCEA filed a complaint in equity seeking a preliminary injunction which would direct the PFT to adhere to the stipulation of September 5th and not to proceed with its petition before the Labor Relations Board nor to interfere with the representational rights of the Get Set employees as determined by the most recent election. PFT countered with preliminary objections, contesting, inter alia, the jurisdiction of the court to pass on the dispute. These objections were overruled and PFT filed this appeal.2

The issue in this case is basically a narrow one; whether the lower court, has jurisdiction to supervise a stipulation which it approved in the course of terminating litigation then pending before it. This, in turn, [178]*178depends on whether the court had jurisdiction ab initio and appellant’s argument compels at the outset scrutiny of this question.

Appellant’s principal contention is that from and after the passage of the Public Employe Eelations Act, Act of July 23, 1970, P. L. 563, 43 P.S. §1101.101 et seq., the Labor Board became the exclusive agency for deciding matters of representation, thus displacing the jurisdiction of the lower court to entertain this action.3

This result is reached by asserting that the authorization to the PLRB contained in Article V, §1101.501 to “exercise those powers and perform those duties which are specifically provided for in this act,” made effective immediately by Article XXIII, had the effect of triggering the simultaneous operation of another section, namely, the provisions of Article YI concerning [179]*179representation elections for public employees since one of tbe primary powers and duties of tbe Labor Board is to conduct such elections. We disagree with such an interpretation.

Considered separately the language of §1101.501 seems explicit enough. However, construing this same language in the context of the remainder of the statute, as we must, what was latently ambiguous becomes obviously so. It is to be noted that Article VI contains provisions which deal with more than just the powers and duties of the Board; matters of decertification of employee representatives and grievance procedures are also treated therein. To follow appellant’s construction would make some parts of the statute operational while others lie dormant awaiting the effective date. But the canon of construction that every law shall be construed, if possible, to give effect to all its provisions will not brook such a result in the instant case. See 46 P.S. §551, and Lynch v. Owen J. Roberts School District, 430 Pa. 461, 244 A. 2d 1 (1968).

Further, the argued for effect of the command of Article V, §1101.501 cannot be isolated simply to certain sections of Article VI. The logic of appellant’s contention must run its course and that logic demands that wherever a power or duty of the Labor Board be found in the Act, it too must be exercisable immediately. In the face of such a situation, confusion and uncertainty in the practical application of the law would result and the possible problems of interpretation would be manifold. By way of illustration, Article XIII, §1101.1301 empowering the Labor Board to prevent any unfair labor practices would clearly be operative while Article XII, §1101.1201 which contains a listing of those unfair practices arguably might not be since the provisions found therein are neither “powers” nor “duties” to be exercised by the Board, but instead are commands to public employers and employees. But plainly [180]*180the latter provision is ancillary to the former, informing it with meaning. Logic demands that since the enumeration of unfair practices is so intimately bound up with the Board’s power to prevent them that §1101.-1201 should also be operative; otherwise it is the cart before the horse. But to construe the statute in this manner, i.e., non-power or duty provisions becoming operative as corollaries or modifiers of power and duty sections, would soon reduce the legislative imperative that the act shall take effect in ninety days to an empty formalism.

Finally, it was only with the passage of the Public Employee Relations Act, supra, that such employees were for the first time given the comprehensive collective bargaining rights outlined in Article IY, §1101.-401.4 By appellant’s own theory, these rights, being neither powers nor duties of the Labor Board, would be bound by the ninety-day provision. Hence it would make for a most curious result for the Labor Board to be at once fully operational while the very objects of this legislation, the public employees, were waiting for their rights to vest.5 To give an unreasonable or absurd con[181]*181straction violates the fundamental rules of statutory-interpretation. Stollar v. Continental Can Co., 407 Pa. 264, 180 A. 2d 71 (1962).

It has been written that it is the duty of the court to harmonize or reconcile all parts of a statute, including apparent incongruities or conflicting or inconsistent parts, so that effect may be given to each and every part. 34 P.L.E. Statutes, §144. Only by restrictively interpreting Article Y as an effort to empower the Labor Board to promulgate rules and regulations pursuant to PEBA and to establish fact-finding boards in advance of the onslaught of petitions and joint requests, can we fulfill this duty in the instant case.

Since the lower court assumed jurisdiction of this case during the interim between the passage of PEBA and its effective date, it follows from the case law and treatises that jurisdiction would be retained until the cause was completely determined.6

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Cite This Page — Counsel Stack

Bluebook (online)
286 A.2d 633, 446 Pa. 174, 1971 Pa. LEXIS 619, 79 L.R.R.M. (BNA) 2251, Counsel Stack Legal Research, https://law.counselstack.com/opinion/get-set-organization-v-philadelphia-federation-of-teachers-local-no-3-pa-1971.