Commonwealth, Department of General Services v. Fraternal Order of Police, Lodge 85

CONCURRING OPINION BY

Judge LEADBETTER.

I concur in the result reached by the majority, and agree that it is in accordance with current law. It seems to me, however, that the unfair labor practice tail is wagging the unit clarification dog, and a toothless dog it is, which makes it impossible to insure a fair and orderly process to resolve disputes of this type. Where two (or more) different bargaining units each lay a claim to have its members fill new positions, fundamental fairness dictates that any order directing which Union will prevail should come from a proceeding in which all…