22 Pa. Commw. 267 | Pa. Commw. Ct. | 1975
Opinion by
On May 3, 1971 the Fraternal Order of Police, Conference of Pennsylvania Liquor Control Board Lodges (FOP), the plaintiff herein, filed a representation petition before the Pennsylvania Labor Relations Board (PLRB) seeking certification as the exclusive bargaining representative of enforcement officers of the Pennsylvania Liquor Control Board pursuant to the Public Em
It is well established that “[mjandamus lies where a clear legal right exists in plaintiff, where a corresponding duty exists in the defendant and where there is want of any other appropriate and adequate remedy. Skock and Thurner v. Hoch, 3 Pa. Commonwealth Ct. 640, 641-42 (1971).” Venneri v. County of Allegheny, 5 Pa. Commonwealth Ct. 105, 108, 289 A.2d 523, 524 (1972). And in such cases judgment on the pleadings may be granted only where the material facts of the case are uncontroverted. Pennsylvania Gas and Water Company v. Kassab, 14 Pa. Commonwealth Ct. 564, 322 A.2d 775 (1974). We turn, therefore, to the facts of this case and the obligations of the parties which arise thereunder.
The defendants, on the other hand, argue that an action in mandamus is not the proper procedure and have, therefore, moved for judgment on the pleadings.
It is obvious that because bargaining rights under Act 195 and Act 111 are mutually exclusive a bargaining unit cannot bargain with its employer under both acts
Order
And, Now, this 9th day of December, 1975, the motion for judgment on the pleadings of the defendants herein is hereby granted and the action of the Fraternal Order of Police, Conference of Pennsylvania Liquor Control Board of Lodges is dismissed without prejudice.
. Act of July 23, 1970, P. L. 563, as amended.
. Act of June 24, 1968, P. L. 237, 43 P. S. §217.1 et seq.