23 Pa. Commw. 445 | Pa. Commw. Ct. | 1976
Opinion by
These are appeals from a decision and order of the Court of Common Pleas of Blair County in which the Pennsylvania Labor Relations Board (PLRB) was held to have improperly included five employes in a bargaining unit of school service personnel in the Altoona Area School District (School District). On October 1, 1971, the PLRB certified the Altoona Area School Service Personnel Association (Association) as the exclusive representative of the School District’s secretarial employes, supportive employes, maintenance employes, and cafeteria employes, excluding among others “all confidential employes.” On October 6, 1972, the Association requested the PLRB to clarify its description of the unit with regard to the secretary to the high school principal, the secretaries to each of three junior high school principals, and the payroll clerk for the School District along with other employes no longer in question. After a hearing, the PLRB determined that these five individuals were not “confidential employes” within the meaning of the order and therefore directed that they be included in the bargaining unit. Exceptions were filed and considered and the PLRB order was made final on February 28,1974. The School District appealed to the court below which reversed the PLRB and held that the five employes in question were confidential and consequently not entitled to bargain with the unit employes. The Association and the PLRB have now filed in this Court separate appeals which are herein consolidated.
Our scope of review in such cases is to determine whether or not the findings of the PLRB are supported by substantial and legally credible evidence and whether or not the conclusions deduced therefrom are reasonable and not capricious, arbitrary, or illegal. Albert Einstein Medical Center v. Pennsylvania Labor Relations Board, 17 Pa. Commonwealth Ct. 91, 380 A.2d 264 (1975). In this case, of course, the findings of the PLRB are not in
The Public Employe Relations Act
“ 'Confidential employe’ shall mean any employe who works: (i) in the personnel offices of a public employer and has access to information subject to use by the public employer in collective bargaining; or (ii) in a close continuing relationship with public officers or representatives associated with collective bargaining on behalf of the employer.”
In determining whether or not the employes here involved were confidential, the PLRB stated that it “definitely adopted the National Labor Relations Board’s [NLRB] definition of confidential employe.” The National Labor Relations Act,
With respect to the payroll clerk, the PLRB specifically found as follows:
“11. That the School District employs a payroll clerk who maintains an office in the Employer’s central personnel office who prepares the payroll and has access to information used by the public employer in the collective bargaining process.”
Although this payroll clerk would appear to fall within the express definition of confidential employe as set forth in Section 301(13) (i) of Act 195, the PLRB held
We are not unmindful of the concerns expressed by the PLRB and the Association that the definition of “confidential employe” under Act 195 might lend itself to an interpretation so inclusive as to cover a far larger number of employes than is necessary to protect the bargaining position of an employer which is the obvious purpose of the exclusion. If a better definition is required, however, the legislature can provide it. In any case, we do not believe that there is any problem involved with this definition here. On the contrary, it appears that the employes here concerned are potentially in a position to gain access to exclusive information which may be utilized by the employer in the collective bargaining process, and they should properly be excluded from the bargaining unit.
The order following Judge Haberstroh’s able analysis of the issues in this case before the court below directs, among other things, that the bargaining unit as certified by the Board be amended to exclude “all secretaries to principals of any school in the system.” (Emphasis added.) While, therefore, we can and will affirm his decision, we must note that only four secretaries were involved in this appeal, i.e., the secretaries to the principals of four
The decision and order of the Court of Common Pleas of Blair County is, therefore, affirmed as modified.
. Act of July 23, 1970, P. L. 563, as amended, 43 P. S. §1101.101 et seq.
. 29 U.S.C.A. §141 et seq.
. See B. F. Goodrich, 115 NLRB 722 (1956).
. Act of June 21, 1957, P. L. 390, as amended, 65 P. S. §66.1 et seq.
. Act of March 10, 1949, P. L. 30, as amended, 24 P. S. §1-101 et seq.