Local 810, American Federation of State, County & Municipal Employees v. Commonwealth ex rel. Bradley

479 A.2d 64, 84 Pa. Commw. 368, 1984 Pa. Commw. LEXIS 1627
CourtCommonwealth Court of Pennsylvania
DecidedAugust 6, 1984
DocketAppeal, No. 371 C.D. 1983
StatusPublished
Cited by3 cases

This text of 479 A.2d 64 (Local 810, American Federation of State, County & Municipal Employees v. Commonwealth ex rel. Bradley) 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
Local 810, American Federation of State, County & Municipal Employees v. Commonwealth ex rel. Bradley, 479 A.2d 64, 84 Pa. Commw. 368, 1984 Pa. Commw. LEXIS 1627 (Pa. Ct. App. 1984).

Opinion

Opinion by

Judge Craig,

The American Federation of State, County and Municipal Employees, as the union representing certain court-appointed employees of the Common Pleas Court of Philadelphia County, has appealed from the action of a judge (assigned specially to that common [370]*370pleas court) whose order invalidated certain provisions of an interest arbitration award, to the extent that those award provisions were challenged by the common pleas court as employer.

Following an impasse in the 1981 negotiations by the union with the City of Philadelphia and the common pleas court, the parties had pursued the interest arbitration proceedings under section 805 of the Public Employe Relations Act (PERA), Act of July 23, 1970, P.L. 563, as amended, 43 P.S. §1101.805.

American Federation of State, County and Municipal Employees v. Pennsylvania Labor Relations Board, 83 Pa. Commonwealth Ct. 591, 477 A.2d 930 (1984) has recently summarized the governing legal doctrines which give rise to this recurring issue in cases involving court employees. Although court employees are entitled to collective bargaining rights under PERA, with the officials of the local revenue-raising, body (in Philadelphia, the city) functioning as managerial representatives for the courts, that collective bargaining process cannot encroach upon judicial authority to select, discharge and supervise court personnel. Ellenbogen v. County of Allegheny, 479 Pa. 429, 438, 388 A.2d 730, 735 (1978); Commonwealth ex rel. Bradley v. Pennsylvania Labor Relations Board, 479 Pa. 440, 388 A.2d 736 (1978); Eshelman v. Commissioners of the County of Berks, 62 Pa. Commonwealth Ct. 310, 314, 436 A.2d 710, 712 (1981), aff’d 502 Pa. 430, 466 A.2d 1029 (1983).

Although the various arbitration award provisions challenged by the common pleas court upon appeal from the arbitrators included the creation of a labor-management committee, promotion and eligibility provisions, vacation and administrative leave matters and the creation of a task force relating to pay plans —all of which were invalidated by the trial judge as [371]*371contravening the exclusive supervisory powers of the judicial employer — the union here seeks to preserve upon appeal only the last-mentioned award item, paragraph 6(2), the entirety of which reads:

2. That because of the alleged and apparent inequities between the current pay plan of the Courts and the City of Philadelphia’s Executive Pay Plan, that the parties hereto shall set. up a task force consisting of representatives from the City and the Union to facilitate the implementation and transition from the current plan to the Executive Pay Plan. Because of the difficulty in working out such transition and conversion it is strongly suggested that an outside consultant be utilized to assist and aid the parties in their task. That a firm time schedule such as February 1, 1982 be established as an objective for a final report and recommendations. (Emphasis added.)

Hence, the precise issue is whether an arbitrator’s award would encroach upon the exclusive power of the common pleas court to select, discharge and supervise court personnel where the award calls for “a final report and recommendations” by a “task force” of city and union representatives, “to facilitate the implementation and transition” from the “current pay plan of the Courts” to the “City of Philadelphia’s Executive Pay Plan.”

The plain words of the award itself make it quite clear that the result of carrying out the disputed award would be the conduct of a study, with the sole end product consisting of “a final report and recommendations.” The award terms do not call for a new pay plan to be placed into effect. They call merely for a “task force” composed of city and union representatives to “facilitate” implementation and transition from the court’s current plan to the city’s [372]*372plan, as a target. The plan is not to be implemented; there is only to be a facilitating study, with the suggestion that the assistance of a consultant be obtained. Hence no harm — indeed, no impact — upon the operation of the court can ensue if consistency of pay levels between court employees and other city-paid employees is studied and a final report and recommendations submitted.

Perhaps the trial judge and this court might have gained a fuller picture of the subject matter of the ultimate report as to pay plan recommendations if we could have examined the current Court Pay Plan and also the City of Philadelphia’s Executive Pay Plan, in order to learn if the effectuation of the transition from one to the other would involve only the redetermination of the dollar compensation levels to be provided through the city government, or could also involve supervisory elements such as job duty reclassification, held to fall within the exclusive judicial function in Eshelmcm. However, an exhaustive search of the reproduced record and the original record, as presented to the trial court and this court, discloses that the current Court Pay Plan and the City Executive Pay Plan, as such, were never made part of the record in any form. Indications from counsel were that the actual pay plans possibly were not formally laid even before the arbitrators (perhaps because the individual arbitrators may have had some local familiarity with those documents), but the record before the trial court and this court does not establish one way or the other whether or not the arbitrators reviewed the pay plans themselves in detail.

The union brief sought to draw attention to certain exhibits from which some aspect of the content of the pay plans could be deduced — a transmittal-letter from the court, the city’s manual for determining pay scales, calculations by an expert witness of [373]*373the effect of pay plan conversion upon the dollar compensation of probation officer positions, and city exhibits indicating the additional dollars cost of certain salary changes — but such fragmentary indications have not provided any comprehensive substitute for the plans themselves.

The transmittal letter tells us very little about what it purported to transmit. The city’s manual for determining pay scales appears to deal totally with how to arrive at the dollar compensation for a job; although it thus suggests that only compensation is involved, it does not describe in any detail the city pay plan to be studied under the award in question. Similarly, the exhibits from the union and city experts appear to relate only to matters within the province of the revenue-raising government in the bargaining arena, but they tell us nothing more about the pay plans.

Counsel for the court as employer argued on the basis of what pay plans in general customarily contain, but was unable to point to any record documents to support the basis upon which the court, as employer, took its appeal on this point, along with the others, from the arbitrators ’ decision. His brief merely refers to an industrial engineering handbook and a professorial text (neither one in the record) to argue what should

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

Related

In re the Appointment of Antolik
501 A.2d 697 (Commonwealth Court of Pennsylvania, 1985)
Georgevich v. Strauss
772 F.2d 1078 (Third Circuit, 1985)

Cite This Page — Counsel Stack

Bluebook (online)
479 A.2d 64, 84 Pa. Commw. 368, 1984 Pa. Commw. LEXIS 1627, Counsel Stack Legal Research, https://law.counselstack.com/opinion/local-810-american-federation-of-state-county-municipal-employees-v-pacommwct-1984.