Summary
In Commonwealth ex rel. Bradley v. Pennsylvania Labor Relations Board, 26 Pa. Commw. 290, 364 A.2d 534 (1976), where the constitutional issue was not raised, we affirmed a PLRB decision that common pleas judges had erred in discharging a court employee.
Summary of this case from Beckert v. American Federation of State, County & Municipal Employees, District Council 88Opinion
Argued June 8, 1976
September 10, 1976.
Pennsylvania Labor Relations Board — Unfair labor practice — Public Employe Relations Act, Act 1970, July 23, P.L. 563 — Scope of appellate review — Substantial evidence — Application of facts to law.
1. A determination of the Pennsylvania Labor Relations Board that an employer engaged in or did not engage in an unfair labor practice in violation of provisions of the Public Employe Relations Act, Act 1970, July 23, P.L. 563, will not be disturbed on appeal when substantial evidence supports the conclusions and the facts found were properly applied to the law. [292]
Argued June 8, 1976, before President Judge BOWMAN and Judges CRUMLISH, JR., WILKINSON, JR., MENCER, and BLATT. Judges KRAMER and ROGERS did not participate.
Appeals, Nos. 34 and 36 Tr. Dkt. 1975, from the Order of the Pennsylvania Labor Relations Board in case of Pennsylvania Labor Relations Board v. City of Philadelphia, The President Judge, Court of Common Pleas of Philadelphia County and/or The County Board of Judges of the Common Pleas Court of Philadelphia County, Case No. PERA-C-4150-E.
Complaint of unfair labor practice before the Pennsylvania Labor Relations Board. Complaint sustained in part and denied in part. Petitioner and respondent appealed to the Court of Common Pleas of Philadelphia County. Petition to the Supreme Court of Pennsylvania to assume plenary jurisdiction filed and granted. Appeals transferred to the Commonwealth Court of Pennsylvania. Held: Affirmed.
Warren M Laddon, with him John G. Kruchko, for Court of Common Pleas of Philadelphia County.
Michael J. Sheridan, with him Fox, Differ, Callahan Ulrich, for Local 55 Judicial and Governmental Employees, et al.
Forest N. Myers, Assistant Attorney General, with him James F. Wildeman, Assistant Attorney General, for Pennsylvania Labor Relations Board.
These are cross appeals from a final order of the Pennsylvania Labor Relations Board concluding that the Court of Common Pleas of Philadelphia County engaged in an unfair labor practice contrary to the provisions of Section 1201(a)(1) and (3) of the Public Employe Relations Act, Act of July 23, 1970, P.L. 563, as amended, 43 P. S. § 1101.1201(a)(1), (3), and directing the court to cease and desist from such practice. The appeals are before us upon transfer from the Supreme Court of Pennsylvania which had assumed plenary jurisdiction because the judges of the appropriate court of first judicial review of the Board's adjudication disqualified themselves as parties in interest.
The issue on appeal is whether there is substantial evidence to support the Board's conclusion that a court employee was not discharged for engaging in union activity, but a reduction from four weeks to one week in termination of employment notice was so motivated. Appellant union appeals from the first conclusion and the court appeals from the second conclusion.
We are convinced that the record contains substantial evidence in support of the Board's conclusion and that the Board properly applied the facts it found to the law. St. Joseph Hospital v. PLRB, 16 Pa. Commw. 533, 330 A.2d 561 (1974); Shive v. Bellefonte Area Board of School Directors, 12 Pa. Commw. 543, 317 A.2d 311 (1974).
The final order of the Pennsylvania Labor Relations Board is hereby affirmed.