Lycoming County Prison Board v. Commonwealth

405 A.2d 985, 45 Pa. Commw. 307, 103 L.R.R.M. (BNA) 2172, 1979 Pa. Commw. LEXIS 1914
CourtCommonwealth Court of Pennsylvania
DecidedAugust 31, 1979
DocketAppeals, Nos. 332 and 364 C.D. 1978
StatusPublished
Cited by5 cases

This text of 405 A.2d 985 (Lycoming County Prison Board 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
Lycoming County Prison Board v. Commonwealth, 405 A.2d 985, 45 Pa. Commw. 307, 103 L.R.R.M. (BNA) 2172, 1979 Pa. Commw. LEXIS 1914 (Pa. Ct. App. 1979).

Opinion

Opinion by

President Judge Bowman,

These appeals are brought by the Pennsylvania Labor Relations Board (PLRB) and District Council 86, American Federation of State, County and Municipal Employees, AFL-CIO (AFSCME) from an order of the Court of Common Pleas of Lycoming County reversing in part and affirming in part an order of the PLRB that the Prison Board of Lycoming County (Prison Board) had violated Sections 1201(a) (1) and 1201(a)(5) of the Public Employe Relations Act (Act 195),1 43 P.S. §§1101.1201(a) (1), .1201(a) (5).

The history of this case dates back to June of 1975 when the PLRB certified AFSCME as the exclusive bargaining agent for all full and regular part-time [310]*310prison guards and matrons employed by tbe Prison Board, which is identified as the public employer in the certification. The Board is composed of the Lycoming County Commissioners, Sheriff, Judges, Controller and District Attorney. See Section 1 of the Act of May 16, 1921, P.L. 579, as amended, 61 P.S. §408.2

Subsequent to certification, bargaining between the Prison Board and AFSCME began. An impasse was reached, the provisions of Sections 805 and 806 of Act 195, 43 P.S. §§1101.805, .806, were implemented, and the matter was submitted to binding arbitration.

Prior to resolution by arbitration, however, the General Assembly promulgated the Act of June 29, 1976, P.L. 460 (Act 115), which amended Section 1620 of the County Code, Act of August 9, 1955, P.L. 323, 16 P.S. §1620 in the following manner:

The salaries and compensation of county officers shall be as now or hereafter fixed by law. The salaries and compensation of all appointed officers and employes who are paid [311]*311from the county treasury shall be fixed by the salary board created by this Act for such purposes : Provided, however, That with respect to representation proceedings before the Pennsylvania Labor Relations Board or collective bargaining negotiations involving any or all employes paid from the county treasury, the Board of County Commissioners shall have the sole power and responsibility to represent judges of the Court of Common Pleas, the county and all elected or appointed county officers having any employment powers over the affected employes. The exercise of such responsibilities by the county commissioners shall in no way affect the hiring, discharging and supervising rights and obligations with respect to such employes as may be vested in the judges or other county officers. (Amendment emphasized.)

As a result of these amendments the Prison Board moved to dissolve the arbitration panel on the grounds that it, though certified, was no longer the public employer of the bargaining unit, and that since no negotiation with the proper public employer, to wit: the County Commissioners, had taken place, Act 195’s arbitration requirements could not yet be invoked.

AFSCME countered by filing an unfair labor practices charge premised upon the Prison Board’s failure to submit to binding arbitration. After hearing, the PLRB rejected the Prison Board’s claim that Act 115 altered its public employer status so as to obviate the need for the Prison Board to submit to binding arbitration, let alone negotiate with AFSCME, and in its final order of April 7, 1977 found the Prison Board to be a public employer within the meaning of Act 195 and in violation of Section 1201(a)(1) and (5).

The Prison Board appealed this determination to the Court of Common Pleas of Lycoming County [312]*312which, affirmed the ruling of the PLEB to the extent that it included the Prison Board in the collective bargaining process, but held, in addition, that the County Commissioners, as an entity separate from the Prison Board, are joint public employers of the prison employees and that they too must be part of collective bargaining. No ruling was made with regard to the unfair labor practice charge brought against the Prison Board. Hence these appeals.

The PLEB and AFSCME argue that the PLEB properly designated the Prison Board as the public employer charged with the obligation to bargain with the prison employees by virtue of the exclusive power vested in the Board to govern and manage the prison as well as hire, fire and direct prison employees. Act 115, they allege, must be read in light of the statutory inclusion of the County Commissioners on the Prison Board. Accordingly, continues the argument, the passage of Act 115 did not alter existing employer-employee relationships for purposes of collective bargaining, at least insofar as the county commissioner-prison employee relationship was concerned, and so, for purposes of both Act 115 and Act 195, the Prison Board remains under obligation to negotiate.

There is a certain seductiveness to this line of reasoning. There is no dispute that the Prison Board has the power to hire, discharge, and direct the work of prison employees, thereby establishing at the very least an employer-employee relationship. Sweet v. Pennsylvania Labor Relations Board, 457 Pa. 456, 322 A.2d 362 (1974) (Sweet I). Nor is there any dispute that the Prison Board falls within Act 195’s definition of a “public employer” as being an “officer, board, commission, agency, authority or other instrumentality” of a political subdivision of the Commonwealth of Pennsylvania. Act 195, Section 301(1), 43 P.S. §1101.301(1).

[313]*313By virtue of Sections 1620 and 1622 of the County Code, 16 P.S. §§1620, 1622, the County Commissioners fix the salaries and compensation of all appointed officers and employees who are paid from the county treasury, including prison employees, and would thereby seem to qualify, at least in part, as an “employer”.

It would appear, therefore, that we have a “joint employer” situation similar to that in Costigan v. Philadelphia Finance Department Employees Local 696, 462 Pa. 425, 341 A.2d 456 (1975), wherein the Supreme Court deemed both the Register of Wills and the City of Philadelphia to be joint employers under circumstances correlative to the instant case, and enjoined arbitration because the city had not been a party to the purported collective bargaining agreement. See also, County of Washington v. Pennsylvania Labor Relations Board, 26 Pa. Commonwealth Ct. 315, 364 A.2d 519 (1976) (commissioners and judges “joint employers” of certain court-related employees). Appellants argue that the requirements of Costigan are met in practical effect by the inclusion of the County Commissioners on the Prison Board.

This argument fails to take into account, however, the effect of Act 115 on Act 195. As we understand appellants’ argument, they interpret Act 115 to be no more than a legislative directive that county commissioners be included in the bargaining process, all other pre-existing employer-employee relationships are retained.

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Bluebook (online)
405 A.2d 985, 45 Pa. Commw. 307, 103 L.R.R.M. (BNA) 2172, 1979 Pa. Commw. LEXIS 1914, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lycoming-county-prison-board-v-commonwealth-pacommwct-1979.