Pennsylvania State Lodge of the Fraternal Order of Police v. Commonwealth
Pennsylvania State Lodge of the Fraternal Order of Police v. Commonwealth
Opinion of the Court
Opinion by
Petitioners seek injunctive and declaratory relief in our original jurisdiction.
From the petition for review, we ascertain that the background of this litigation is that several municipalities have furloughed some or all of their police and then called upon the Pennsylvania State Police (PSP) to provide police protection. Petitioners claim that this practice circumvents the provisions of the Pennsylvania Labor Relations Act
Petitioners here, indeed, have pursued that remedy and allege in their petition that the PLRB has denied their claim. Appropriate appeals have been filed with this Court and we will, in due course, adjudicate those appeals. At this juncture, however, we lack jurisdiction in this case to enter a declaratory judgment because Section 7541(a)(2) of the Declaratory Judgments Act, 42 Pa. C. S. §7541(a)(2) clearly provides that declaratory judgment relief is not available where the proceeding is within the exclusive jurisdiction of a tribunal other than a court.
With respect to the injunctive relief sought by Petitioners, it again is well established that before such relief may be granted, it must appear that there is no full, complete and adequate remedy at law. Nagle v. Pennsylvania Insurance Department, 46 Pa. Commonwealth Ct. 621, 406 A.2d 1229 (1979), rev’d in part, 499 Pa. 139, 452 A.2d 230 (1982). Petitioners argue that unless we enjoin the PSP from furnishing police protection in cases such as this, the allegedly unlawful activity of the municipalities will continue because the PLRB cannot grant injunctive relief.
In any event, we are well satisfied that the Petitioners do have and have exercised their remedy at law. The mere fact that the result has been unfavorable to them does not give this Court jurisdiction in equity where it would not otherwise lie.
Having determined that we lack jurisdiction to enter a declaratory judgment or to provide equitable relief, we need not address Respondent’s other objections.
Order
The Respondent’s preliminary objection raising the question of jurisdiction is granted and this case is dismissed.
42 Pa. C. S. §761(a)(1).
Act of June 1, 1937, P.L. 1168, as amended, 43 P.S. §§211.1-211.13.
Act of June 24, 1968, P.L. 237, 43 P.S. §§217.1-217.10 (relating to collective bargaining by policemen and firemen).
In County of Bucks, we affirmed an order of the Pennsylvania Labor Relations Board (PLRB) which held that Bucks County had committed an unfair labor practice when it terminated its Park Ranger Program after the rangers had been certified as employees under Act 111.
Reference
- Full Case Name
- The Pennsylvania State Lodge of the Fraternal Order of Police, by and through its Trustee Ad Litem, Francis P. Bascelli v. Commonwealth of Pennsylvania, Pennsylvania State Police
- Cited By
- 4 cases
- Status
- Published