Opinion
September 21, 1976.
Labor — Certification of collective bargaining unit — Hospital employes — Federal preemption — State — Appellate review — Labor-Management Relations Act, 29 U.S.C. § 141 — Action by National Labor Relations Board.
1. The Commonwealth Court of Pennsylvania will consider on appeal the validity of a certification of a collective bargaining unit of hospital employes occurring prior to the preemption of this field by the National Labor Relations Board following amendments to the Labor-Management Relations Act, 29 U.S.C. § 141, where no conflict is apparent by virtue of proceedings instituted by or before the National Labor Relations Board or otherwise. [439-40]
Judge CRUMLISH, JR. concurred in the result only.
Judge KRAMER did not participate in this decision.
Submitted on briefs, March 11, 1976, to President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON JR., MENCER, ROGERS and BLATT.
Appeal, No. 230 C.D. 1976, from the Order of the Court of Common Pleas of Delaware County in case of In Re: Employees of Taylor Hospital, Ridley Park, Delaware County, Pennsylvania.
Petition with the Pennsylvania Labor Relations Board for certification of collective bargaining unit. Petition granted. Employer appealed to the Court of Common Pleas of Delaware County. Appeal dismissed. McGOVERN, J. Employer appealed to the Commonwealth Court of Pennsylvania. Motion to quash appeal filed. Held: Motion to quash denied.
James R. Redeker, with him Cohen, Shapiro, Polisher, Shiekman and Cohen, for appellant.
James F. Wildeman, Assistant Attorney General, with him Forest N. Myers, Assistant Attorney General, and Anthony J. Molloy, Jr., Assistant Attorney General, for appellee.
Before us is a motion of the Pennsylvania Labor Relations Board (PLRB) seeking to quash an appeal from the decision of the Court of Common Pleas of Delaware County affirming a final order of the PLRB which certified the Local 1319, Laborers' International Union of North America, AFL-CIO-CLC, as the exclusive bargaining representative of a group of employees at Taylor Hospital, a nonprofit hospital on August 22, 1974. By virtue of recent federal amendments of the Labor-Management Relations Act, 29 U.S.C. § 141 et seq., labor relationships involving nonprofit hospitals are now subject to the jurisdiction of the National Labor Relations Board. The PLRB, therefore, seeks to quash the instant appeal by Taylor Hospital from the PLRB certification as affirmed by the court below.
In Albert Einstein Medical Center v. Pennsylvania Labor Relations Board, 26 Pa. Commw. 440, 363 A.2d 1332 (1976), we fully discussed the issues raised by such a motion. Having examined both the factual and the procedural setting in this case we find that it is virtually on all fours with Einstein, supra, and we, therefore, deny the motion to quash this appeal in accordance with our decision in Einstein.
ORDER
AND NOW, this 21st day of September, 1976, the motion filed on behalf of the Pennsylvania Labor Relations Board to quash the appeal in the above captioned case is hereby denied.
Judge CRUMLISH, JR. concurs in the result only.
Judge KRAMER did not participate in the decision in this case.