J. Markham v. Thomas W. Wolf

DISSENTING OPINION BY

JUDGE WOJCIK

I respectfully dissent. The well-written majority opinion disposing of the parties’ applications for summary relief1 and Respondents’ preliminary objections in the nature of demurrer2 is based upon the premise that direct care workers (DCWs) are employed in “domestic service,” and thus are not “employees” eligible to collectively bargain under Section 3 of the Pennsylvania Labor Relations Act (PLRA).3 However, whether DCWs are employed in “domestic service” is a legal determination that cannot be made at this juncture in the absence of a developed factual…