Legal Opinion · Dissent

American Federation of State, County & Municipal Employees v. Pennsylvania Labor Relations Board

Commonwealth Court of Pennsylvania

Decided August 1, 2013Published

1Dissent

DISSENTING OPINION BY

President Judge PELLEGRINI.

Unlike the majority, I would hold that the Pennsylvania Labor Relations Board (Board) erred in not finding that Luzerne County (County) committed an unfair labor practice in violation of Sections 1201(a)(1) and (a)(5) of the Public Employe Relations Act (Act)1 by not negotiating to a bona fide impasse2 with the American Federation of State, County, and Municipal Employees, District Council 87 (Union) before contracting out workforce development activities.

Agreeing with the Board’s finding that the County did not commit an unfair labor practice…

2Cases cited5 opinions

  1. Shapp v. SloanSupreme Court of Pennsylvania · 1978
  2. Pennsylvania Labor Relations Board v. Mars Area School DistrictSupreme Court of Pennsylvania · 1978
  3. Snyder County Prison Board v. Pennsylvania Labor Relations BoardCommonwealth Court of Pennsylvania · 2006
  4. American Federation of State, County & Municipal Employees v. Pennsylvania Labor Relations BoardCommonwealth Court of Pennsylvania · 2013
  5. Wolfgang v. CITY OF PITTSBURGH, DEPT. OF PERSONNEL AND CIVIL SERVICE COM'NSupreme Court of Pennsylvania · 2007

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