Exeter Township v. Pennsylvania Labor Relations Board

DISSENTING OPINION BY

SENIOR JUDGE PELLEGRINI

The majority holds that Exeter Township (Township) was not required to follow the general rule that to exclude the Exeter Township Zoning Officer/Assistant Code Enforcement Officer (Zoning Officer) from a bargaining unit as a “management level employee”- evidence of actual job duties had to be offered. The majority did so because it found that the Zoning Officer was made a “management level employee” by Section 614 of the Pennsylvania Municipalities Planning Code (MPC).1

I agree that if a statute provides that a position is not part of the bargaining…