83 Pa. Commw. 591 | Pa. Commw. Ct. | 1984
Lead Opinion
Opinion by
The American Federation of State, County and Municipal Employees (AFSCME) and Allegheny County cross-appeal a Pennsylvania Labor Relations Board (PLRB) order. We affirm in part and reverse in part.
The courts of this Commonwealth under our Constitution have certain inherent rights and powers to do all such things as are reasonably necessary for the administration of justice. Sweet v. Pennsylvania Labor Relations Board, 457 Pa. 456, 462, 322 A.2d 362, 365 (1974). Consistent with the constitutional doctrine of separation of powers, the courts’ powers may not be policed, encroached upon, or diminished by another branch, of government. 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).
Under the Act, the County Commissioners are the exclusive managerial representatives for the courts in collective bargaining involving court personnel paid from county funds. Ellenbogen v. County of Allegheny, 479 Pa. 429, 438, 388 A.2d 730, 735 (1978). While the Act provides for collective bargaining in the resolution of matters involving wages and other financial terms of employment, the collective bargaining process must not infringe upon the judges’ authority to select, discharge and supervise Court personnel. Commonwealth ex rel. Bradley v. Pennsylvania Labor Relations Board, 479 Pa. 440, 388 A.2d 736 (1978). If bargaining results pose a genuine threat to the judicial function, nothing in the Act nor in case law precludes the judiciary from taking steps reasonably necessary to assure the independence of the judicial branch. Ellenbogen at 438, 388 A.2d at 735. Therefore, a reasonable relationship must exist
The sole issue in this case is whether the PLRB committed an error of law
With regard to the topics which the PLRB determined to be under the County Commissioners’ authority to bargain, it contends that the County of Allegheny case implies that sick leave, jury duty,
We hold that the PLEB committed an error of law in determining that the County had violated the Act by refusing to bargain over the provisions concerning sick leave, funeral leave, jury duty, and shift differential.
Affirmed in part; reversed in part.
Order,
The order of the Pennsylvania Labor Eelations Board dated February 9, 1983, No. PERA-C-80-753-W, is hereby affirmed in part and reversed in part.
“Court-appointed employees” refers to those employees who are hired, fired and directed by a common pleas court. “Court-related employees” refers to employees who are other elected county officials in county row offices.
Section 1201(a)(1) and (5) of PERA provides:
Public employers, their agents or representatives are prohibited from:
(1) Interfering, restraining or coercing employes in the exercise of the rights guaranteed in Article IV of the Act.
(5) Refusing to bargain collectively in good faith with an employe representative which is the exclusive representative of employes in an appropriate unit, including but not limited to the discussing of grievances with the exclusive representative.
Initially, the PURE Secretary dismissed AFSCME’s charges. PLRB heard oral arguments on AFSCME’s exceptions and affirmed its Secretary’s dismissal.
AFSCME filed a petition for review in the common pleas court and requested the Supreme Court to assume jurisdiction over the appeal. The Supreme Court transferred the appeal to this Court on May 19, 1981.
62 Pa. Commonwealth Ct. 548, 437 A.2d 468 (1981).
Our scope of review is to determine whether the PLRB’s conclusions are reasonable and not arbitrary, capricious or illegal. Richland School District v. Pennsylvania Labor Relations Board, 71 Pa. Commonwealth Ct. 45, 53, 454 A.2d 649, 652 (1983).
22 Pa. D. & C.3d 166 (1981).
Concurrence in Part
Concurring and Dissenting Opinion by
I concur with the result reached in the majority opinion with regard to the topics of employee scheduling, seniority, holidays, vacations, discipline, and meal and break periods, on the basis of Allegheny County v. Allegheny Court Association of Professional Employees, 67 Pa. Commonwealth Ct. 277, 446
I must, therefore, dissent.