Legal Opinion · Dissent

Albert Einstein Medical Center v. Pennsylvania Labor Relations Board

Commonwealth Court of Pennsylvania

Decided January 3, 1975No. Appeal, No. 1524 C.D. 1973Published

1Dissent

*102Dissenting Opinion by

Judge Crumlish, Jr.

I must respectfully dissent. I would hold that the recent amendments to Section 2(2) of the National Labor Relations Act, 29 U.S.C. §152(2), as amended, by Public Law 93-360 (a) 8, U.S. Cong. & Admin. News 444 (1974), effectively preempted the jurisdiction of the Pennsylvania Labor Relations Board (PLRB) to determine the appropriate collective bargaining unit of employees of non-profit hospitals such as Einstein Northern, and this Court lacks the power to review on substantive grounds that determination. Bethlehem Steel Co. v. New York State Labor…

2Cases cited6 opinions

  1. Bethlehem Steel Co. v. New York State Labor Relations BoardSupreme Court of the United States · 1947
  2. Pittsburgh Railways Co. Substation Operators & Maintenance Employees' CaseSupreme Court of Pennsylvania · 1947
  3. Western Psychiatric Institute v. Commonwealth, Pennsylvania Labor Relations BoardCommonwealth Court of Pennsylvania · 1974
  4. State v. HutchinsSupreme Court of New Hampshire · 1977
  5. Pennsylvania Labor Relations Board v. FrankSupreme Court of Pennsylvania · 1949

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