Legal Opinion · Dissent

County of Berks v. Pennsylvania Labor Relations Board

Commonwealth Court of Pennsylvania

Decided September 17, 2013Published

1Dissent

DISSENTING OPINION

BY Judge LEAVITT.

Respectfully, I dissent. The evidence shows that the County of Berks spoke factually to Karen Arms and the Union about its staffing needs, and there is no evidence that the facts were delivered in a threatening manner. The majority invokes the Pennsylvania Labor Relations Board’s “expertise,” but this expertise cannot overcome a lack of substantial evidence to support the Board’s finding that the County “threatened” Karen Arms.

The County agreed to an alternative work schedule by which caseworkers who did intake at the County prison could work ten hours, four…

2Cases cited4 opinions

  1. National Labor Relations Board v. Gissel Packing Co.Supreme Court of the United States · 1969
  2. Kyu Son Yi v. State Board of Veterinary MedicineCommonwealth Court of Pennsylvania · 2008
  3. Commonwealth v. Stairways, Inc.Commonwealth Court of Pennsylvania · 1981
  4. Aversa v. Unemployment Compensation Board of ReviewCommonwealth Court of Pennsylvania · 2012

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