Youngwood Borough Police Department v. Commonwealth

539 A.2d 26, 114 Pa. Commw. 445, 128 L.R.R.M. (BNA) 2563, 1988 Pa. Commw. LEXIS 151
CourtCommonwealth Court of Pennsylvania
DecidedMarch 16, 1988
DocketAppeals, Nos. 3555 C.D. 1986 and 3626 C.D. 1986
StatusPublished
Cited by3 cases

This text of 539 A.2d 26 (Youngwood Borough Police Department 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
Youngwood Borough Police Department v. Commonwealth, 539 A.2d 26, 114 Pa. Commw. 445, 128 L.R.R.M. (BNA) 2563, 1988 Pa. Commw. LEXIS 151 (Pa. Ct. App. 1988).

Opinion

Opinion by

Judge MacPhail,

In this case, the Borough of Youngwood (Borough) and the Youngwood Borough Police Department (Police) have filed cross-appeals from a final order of the Pennsylvania Labor Relations Board (Board) which denied motions of both parties to reopen the case, dismissed exceptions filed by Police and adopted the proposed order of the hearing examiner holding that the Borough (1) had not discriminatorily furloughed its police officers, (2) had not committed unfair labor practices in refusing to bargain over the furlough decision or by notifying the Pennsylvania State Police of the furlough action and, (3) had committed an unfair practice by refusing to bargain over the use of a constable to do police work. We affirm the order of the Board.

This case has an extended record with two proposed decisions from the hearing examiner and two adjudications by the Board. The essential underlying facts are as follows.

On December 31, 1984, the Borough took action to furlough its entire police department. Witnesses for the Borough testified that this drastic action was necessary because a financial crisis had arisen by reason of the failure of the Boroughs bookkeeper to pay the Boroughs bills on a current basis. By obtaining court authorization to borrow a substantial sum of money, the Borough was able to continue its operations but had to make choices as to what services would be kept and what would be dropped. The Borough had a bargaining agreement with Police during 1984 and arrived at a new agreement with the Police for a new contract for the year 1985.

[448]*448When Boroughs efforts to negotiate some concessions from Police to avoid lay-offs failed, the Borough decided to furlough its police officers. Once that decision was reached, Borough gave notice to the Pennsylvania State Police of their action and requested police protection.1

On January 25, 1985, a constable was utilized by the Borough to transport a prisoner to a preliminary hearing before a district justice. That service was previously performed by Police under a set fee arrangement the Borough had with Police.

On February 5, 1985, the Police filed a charge of unfair labor practices with the Board contending that the Borough had violated Section 6(l)(a), (c) and (e) of the Pennsylvania Labor Relations Act (Act), Act of June 1, 1937, PL. 1168, as amended, 43 P.S. §211.6.2

In a proposed decision and order filed November 26, 1985, the hearing examiner concluded that the Boroughs action in furloughing Police was not motivated by [449]*449anti-union animus as Police contended and Borough had no obligation to bargain with Police regarding use of Pennsylvania State Police because the State Police were obligated by statute to provide protective services and the Borough had no control over the State Police while they were performing their statutory duty.

Exceptions were filed by Police whereupon the Board remanded the case to the examiner solely for the purpose of taking testimony regarding the alleged subcontracting of bargaining unit work to constables.

After conducting a further hearing, the examiner concluded that the Borough had committed an unfair labor practice with respect to the constables by violating Section 6(l)(a) and (e) of the Act. The Boards final order adopted the examiners recommendation and proposed order and disposed of other motions as we previously have noted.

We will confine ourselves to the statement of questions involved as set forth in the briefs of the parties:

(1) Did the Board abuse its discretion in refusing to consider evidence that the Borough resumed Police services?
(2) Did the Board abuse its discretion in failing to conclude that the Boroughs temporary cessation of police services without bargaining constituted a [sic] unfair labor practice?
(3) Were the Boards findings that the furloughs were not implemented for discriminatory reasons supported by substantial evidence?
(4) Was the Boards finding that the use of a constable to perform work allegedly previously performed by Police supported by substantial evidence?

We note at the outset that the Board:

[Possesses administrative expertise in the area of public employee labor relations and that [450]*450great deference ought to be given to the PLRB’s assessment of the often competing concerns relevant to the issue of whether the conduct of an émployer or a union constitutes a refusal to meet the mutual obligation to bargain in good faith.

Richland School District v. Pennsylvania Labor Relations Board, 71 Pa. Commonwealth Ct. 45, 53-54, 454 A.2d 649, 652 (1983).

Police insist that the record of yet another case brought by them involving these same circumstances should have been received by the examiner and the Board as evidence of the fact that the Board did not “completely and permanently” terminate police operations in the Borough. The Board excluded this evidence as redundant because it had already ruled in its remand decision that the Borough had not completely and permanently ended its police operations.

It seems obvious to us that when the Borough temporarily furloughed Police rather than abolish the department and terminate Police, the only fair implication from that action is that police operations were never intended to be completely and permanently ended in the Borough; consequently, we agree with the Board that the examiner correctly excluded the record of another hearing which would demonstrate a fact already accepted by the Board.

Police contend that since Borough did not completely and permanently cease police operations, this case falls squarely under our decision in County of Bucks v. Pennsylvania Labor Relations Board, 77 Pa. Commonwealth Ct. 259, 465 A.2d 731 (1983). In that case, Bucks County took action terminating its park ranger program following the rangers’ certification as employees under the provisions of the Act of June 24, 1968 (Act 111), P.L. 237, as amended, 43 PS. §§217.1—217.10. The Board concluded that the [451]*451County’s action in terminating the program and changing the living conditions of the rangers, constituted an unfair labor practice under the Act. We concluded that the Board correctly had found that the County terminated the program for the anti-union reasons and that it failed to bargain over effects of the termination. We reversed the Board’s conclusion that the termination of the program itself was an unfair practice and remanded the case for further testimony on the question of whether the termination of the ranger program was permanent.

In the course of the opinion, President Judge Crumlish said:

Although the county did completely eliminate its park police service, the Board reached no conclusion as to whether the cessation of the service was permanent. The County may not under any guise avoid its Act 111 duty to bargain by subsequently directing its employees or others to resume any

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Related

Borough of Geistown v. Pennsylvania Labor Relations Board
679 A.2d 1330 (Commonwealth Court of Pennsylvania, 1996)
Harbor Creek School District v. Pennsylvania Labor Relations Board
631 A.2d 1069 (Commonwealth Court of Pennsylvania, 1993)

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539 A.2d 26, 114 Pa. Commw. 445, 128 L.R.R.M. (BNA) 2563, 1988 Pa. Commw. LEXIS 151, Counsel Stack Legal Research, https://law.counselstack.com/opinion/youngwood-borough-police-department-v-commonwealth-pacommwct-1988.