16 Pa. Commw. 275 | Pa. Commw. Ct. | 1974
Lead Opinion
Opinion by
This is the appeal of the Western Psychiatric Institute and Clinic of the University of Pittsburgh of the Commonwealth System of Higher Education (WPIC) from an order of the Pennsylvania Labor Relations Board (Board) certifying the Pennsylvania Nurses Association as the exclusive bargaining representatives of all Nurse I’s and four Nurse II’s employed by WPIC, a total of about 34 of WPIC’s approximately 150 professional employes.
As it did in the matter just referred to, WPIC insists that because it cares for the mentally ill on a team basis using all of the skills of all of its employes, the identifiable community of interest of all of its employes is patient care; and that the exclusion of any of its employes from any unit is over-fragmentization. While this concept doubtless has merit from the standpoint of patient care, we were unable to conclude in the case involving nonprofessionals, nor can we here, that the community of interest among the employes of the
WPIC contends further that, even if the Board was justified in approving a unit of less than all of its employes, many others of its employes should have been included with the nurses, including community workers, librarians, systems analysts, social workers, psychology assistants, therapists, x-ray technicians and physicians. The Board’s opinion contains a careful recital of the differences in patient contact, educational requirements, intellectual and judgmental discretion exercised, and degree of specialization employed. Its findings are supported by substantial, legally credible evidence, and its conclusions seem to us to be reasonable.
We note, however, that there are now as the result of the Board’s two orders, affirmed by us, two bargaining units consisting of about 184 of WPIC’s 350 to 400 employes. Without suggesting that there should be an arbitrary limitation on the number of units a public employer should be required to accommodate, we commend to the Board’s thoughtful consideration with respect to WPIC, or in any case involving a similar institution, its own recognition that the performance of duties at hospitals has a unique involvement with the health, safety and welfare of the public and that overfragmentization increases the likelihood of bargaining stalemates to the prejudice of the public’s right to a functioning governmental organization. Commonwealth of Pennsylvania, PERA Case Nos. R-12-C and R-13-C.
Order
The Board’s order is affirmed and WPIC’s appeal is dismissed.
Concurrence Opinion
Concurring Opinion by
I concur in the majority opinion but would go further in admonishing the Board as to the dangers of over