Summary
declining to address propriety of granting of preliminary injunctive relief where the underlying allegedly wrongful conduct had resolved
Summary of this case from Bartelli v. Pa. Dep't of Corr.Opinion
Argued December 5, 1979
January 21, 1980.
Appeal — Moot questions — Labor dispute — Injunction — Public Employe Relations Act, Act 1970, July 23, P.L. 563.
1. An appeal from a lower court order enjoining a strike challenging the order because of an alleged failure to make a finding that the strike created a clear and present danger or threat to public health, safety or welfare as required by provisions of the Public Employe Relations Act, Act 1970, July 23, P.L. 563, will be dismissed as moot and unjusticiable when the strike underlying the action is settled before the appeal is heard. [584-5]
Argued December 5, 1979, before Judges WILKINSON, JR., BLATT and CRAIG, sitting as a panel of three.
Appeal, No. 153 C.D. 1979, from the Order of the Court of Common Pleas of Allegheny County in case of Borough of West Mifflin v. International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers, General Warehousemen and Employees Union Local 636, and John J. Sklenka, Individually and as Trustee ad litem, No. GD79-1068.
Complaint in equity in the Court of Common Pleas of Allegheny County seeking to enjoin strike. Preliminary injunction ordered. FLAHERTY, J. Defendants appealed to the Commonwealth Court of Pennsylvania. Held: Appeal dismissed.
Ernest B. Orsatti, of Jubelirer, Pass Interieri, for appellants.
Ronald J. Zera, with him Timothy P. O'Reilly, of Jacobs, Frobouck and Stabile, for appellee.
This is an appeal from an order of the Court of Common Pleas of Allegheny County, dated January 18, 1979, which granted a preliminary injunction restraining appellants from continuing a strike as it affected the operation of appellee's sewage treatment facilities. The appellants base their appeal on the fact that the common pleas court did not make a finding that the strike created a clear and present danger or a threat to the health, safety or welfare of the public as provided by Section 1003 of the Public Employe Relations Act, Act of July 23, 1970, P.L. 563, as amended, 43 P. S. § 1101.1003. Further, appellants argue that had such a finding been made or if one were inferred, it would not be supported by the record.
This strike involved all the blue collar non-uniformed employees, excluding office and clerical employees, management level employees, supervisors, first level supervisors and confidential employees employed by the appellee, approximately 80 in number. Only 15 of the 80 worked at sewage treatment facilities and therefore were affected by the injunction.
This Court was informed at oral argument that, not surprisingly, the strike had long since been settled. However, the appellants argued that though the issue was moot as to this case, appellants wanted a decision from this Court to use as precedent in future situations.
Our Supreme Court has ruled that under such circumstances, the appeal being moot, it will be dismissed. Scranton School District v. Scranton Federation of Teachers, 445 Pa. 155, 282 A.2d 235 (1971).
Our Court has had occasion to consider the matter and, with an opinion by President Judge BOWMAN which is as appropriate here as it was there, ruled the matter to be unjusticiable, moot, and dismissed the appeal. Boone v. Tate, 4 Pa. Commw. 101, 286 A.2d 26 (1972). See also, Western Pennsylvania Conservancy v. Department of Environmental Resources, 28 Pa. Commw. 204, 367 A.2d 1147 (1977).
Accordingly, we will enter the following
ORDER
AND NOW, January 21, 1980, the appeal of International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers, General Warehousemen and Employees Union Local 636 and John J. Sklenka, individually and as Trustee ad litem, from the order of the Court of Common Pleas of Allegheny County, Civil Division, entered January 18, 1979, at No. GD79-1068, is dismissed as moot.
Judge DiSALLE did not participate in the decision in this case.