Legal Opinion · Dissent

Borough v. Pennsylvania Labor Relations Board

Commonwealth Court of Pennsylvania

Decided December 4, 2014Published

1Dissent

DISSENTING OPINION BY

Senior Judge FRIEDMAN.

Because the majority has exceeded this court’s scope of review in reversing the determination of the Pennsylvania Labor Relations Board (Board) and has ignored the plain language of Section 6(2)(d) of the Pennsylvania Labor Relations Act (PLRA),1 which states that it shall be an unfair labor practice “[t]o engage in a secondary boycott,” (emphasis added), I respectfully dissent.

In determining the meaning of “secondary boycott” as contained in Section 6(2)(d) of the PLRA, the majority relies on federal interpretation of Section 8(b)(4) of the National…

2Cases cited7 opinions

  1. NLRB v. Servette, Inc.Supreme Court of the United States · 1964
  2. Borough of Ellwood City v. Pennsylvania Labor Relations BoardSupreme Court of Pennsylvania · 2010
  3. Joint Bargaining Committee of the Pennsylvania Social Services Union v. Pennsylvania Labor Relations BoardSupreme Court of Pennsylvania · 1983
  4. National Labor Relations Board v. Retail Clerks Union, Local 1179, Retail Clerks International Association, Afl-CioCourt of Appeals for the Ninth Circuit · 1975
  5. Washington State Nurses Ass'n v. National Labor Relations BoardCourt of Appeals for the Ninth Circuit · 2008

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