Commonwealth v. Allegheny General Hospital
Commonwealth v. Allegheny General Hospital
Opinion of the Court
Opinion by
The Allegheny General Hospital (Hospital) appeals to this Court from an order of the Court of Common Pleas of Allegheny County which dismissed the
The PLRB, in its order dated November 6, 1972, certified Local 95-95A of the International Union of Operating Engineers, APL-CIO (Union), as the exclusive collective bargaining representative for certain service and maintenance employes of the Hospital. Both the court of common pleas and this Court affirmed the PLRB order, and our Supreme Court denied the Hospital’s petition for allocatur.
Crucial to our decision here is the fact that the NLRB has assumed jurisdiction over an unfair labor practice charge brought by the Union alleging that the Hospital has refused to engage in collective bargaining with the Union as the employe representative cer
[T]his Court cannot sanction the continuing jurisdiction of the PLRB here, for it would result in a clear interference with an ongoing representation proceeding before the NLRB. State action in such circumstances must be subordinated.
The circumstances here are unlike those in Albert Einstein Medical Center v. Pennsylvania Labor Relations Board, 26 Pa. Commonwealth Ct. 440, 363 A.2d 1333 (1976), in which the NLRB had pending before it an unfair labor practice charge but had not acted on that charge in any way determinative of the certification issue. Moreover, in Albert Einstein, supra, the state appellate process had not been completed, but it has been here.
We believe that the initiation of NLRB proceedings which resulted in a specific determination regarding the granting of comity to the PLRB certification preempts continuing jurisdiction by our state labor board. The PLRB properly concluded that it had no juris
Order
And Now, this 12th day of July, 1977, the order of the Court of Common Pleas of Allegheny County, dismissing the appeal of the Allegheny General Hospital, is hereby affirmed.
Alleghany General Hospital v. Pennsylvania Labor Relations Board, 14 Pa. Commonwealth Ct. 381, 322 A.2d 793 (1974), (allocatin denied).
National Labor Relations Board, Oase No. 6-CA-8026, decision dated September S, 1975.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.