385 Pa. 344 | Pa. | 1956
Opinion by
On this appeal appellants frankly admit that unless the Court overrules prior decisions in cases involving the same legal question as that which is here involved their appeal cannot be sustained. Further consideration, however, of those decisions leads to the conclusion that they were properly decided, and therefore the judgment of the court below must be affirmed.
A charge was filed with the Pennsylvania Labor Relations Board by the Pennsylvania State Nurses Association against the Mid-Valley Hospital Association asserting that the latter had engaged in an unfair labor practice in that it had discharged Mrs. Ann Colley, a registered nurse, “from her employment as a general duty nurse because of her participation in the concerted
In Western Pennsylvania Hospital v. Lichliter, 340 Pa. 382, 17 A. 2d 206, it was definitely held that the Pennsylvania Labor Relations Act does not confer upon the Pennsylvania Labor Relations Board any jurisdiction over a labor dispute between a charitable nonprofit hospital and its employes. The reasons for so holding are set forth at length in that case in the opinion of Judge Richards, on the basis of which this court affirmed the decree of the Court of Common Pleas of Dauphin County restraining the Labor Relations Board from proceeding under the Labor Relations Act against the hospitals there involved and restraining a union of hospital workers from asserting any rights against them under that Act. The basis for the decision was, in brief, that such hospitals, being non-profit corporations not engaged in industry, commerce, trade, business or production, are not within the intendment of the purpose and scope of the Pennsylvania Labor Relations Act.
In Broadwater v. Otto, 370 Pa. 611, 88 A. 2d 878, the Salvation Army Case was referred to (p. 614, A. 2d p. 880) and the statement once more made that the Pennsylvania Labor Relations Act applies exclusively to industrial disputes.
There is now urged upon us the fact that there are decisions
The order of tbe Court below is affirmed.
Northwestern Hospital v. Public Building Service Employes’ Union, Local No. 113, 208 Minn. 389, 294 N.W. 215; Utah Labor Relations Board v. Utah Valley Hospital, 120 Utah 463, 235 P. 2d 520; Wisconsin Employment Relations Board v. Evangelical Deaconess Society, 242 Wis. 78, 7 N.W. 2d 590; St. Joseph’s Hospital v. Wisconsin Employment Relations Board, 264 Wis. 396, 59 N.W. 2d 448; National Labor Relations Board v. Central Dispensary & Emergency Hospital (U.S. Ct. of Appeals, D. of C.) 145 F. 2d 852.
St. Luke’s Hospital v. Labor Relations Commission, 320 Mass. 467, 70 N.E. 2d 10; Jewish Hospital of Brooklyn v. Doe, 300 N.Y.S. 1111, 1119.