Pennsylvania Ass'n of State Mental Hospital Physicians v. Commonwealth
Pennsylvania Ass'n of State Mental Hospital Physicians v. Commonwealth
Opinion of the Court
Opinion by
Petitioner, Pennsylvania Association of State Mental Hospital Physicians, appeals from the October 3, 1985 order of the Pennsylvania Labor Relations Board (Board)
Issues presented for review are whether the Board erred in concluding that the employees at issue were managerial employees within the meaning of Section 301(16) of the Public Employee Relation Act (PERA);
Petitioner was certified by the Board on November 10, 1972 as the exclusive representative of the Commonwealth’s physicians as well as various other Commonwealth employees.
The hearing examiner issued a proposed order of unit clarification on July 27, 1983 in which he determined that the employees at issue were management level employ
On appeal, this Court’s scope of review is limited to determining whether there has been a constitutional violation, an error of law, or whether findings of fact are supported by substantial evidence of record. Russell v. Workmen's Compensation Appeal Board (Volkswagen of America), 121 Pa. Commonwealth Ct. 436, 550 A.2d 1364 (1988); Harbaugh v. Pennsylvania Labor Relations Board, 107 Pa. Commonwealth Ct. 406, 528 A.2d 1024 (1987). This Court has consistently deferred to the Board’s expertise in determining the appropriateness of a bargaining unit and will not substitute its judgment for that of the Board. Chester Upland School District v. Pennsylvania Labor Relations Board, 110 Pa. Commonwealth Ct. 439, 532 A.2d 925 (1987).
Petitioner initially argues that the Board erred in determining that the physicians who served as “team leaders” constituted managerial employees within the meaning of Section 301(16) of PERA.
Section 301(16) of PERA defines managerial employees to include:
‘Management level employe’ means any individual who is involved directly in the determination of policy or who responsibly directs the implementation thereof and shall include all employes above the first level of supervision.
The hearing examiner, in concluding that physicians were managerial, relied upon the test set forth in Commonwealth of Pennsylvania (Attorneys Examiner I), 12 PPER ¶12131 at 203 (1981), which states that:
The statute may be read to state a three-part test in determining whether an employe will be considered managerial. Those three parts are (1) any individual who is involved directly in the determination of policy; (2) any individual who directs the implementation of policy; or (3) employes above the first level of supervision.
The Board has held that if employees meet only one part of the test, then those employees are managerial. Commonwealth of Pennsylvania (Department of Education), 14 PPER 114136 (1983).
Any individual who is involved directly in the determination of policy would include not only a person who has authority or responsibility to select among options and to put proposed policies into effect, but also a person who participates with regularity in the essential process which results in a policy proposal and a decision to put such proposals into effect.
Horsham Township, 9 PPER ¶9151 at 327 (1978).
Petitioner argues that the test used by the Board in reaching its conclusion is erroneous, and posits that the correct test is the one enunciated in National Labor Relations Board v. Yeshiva University, 444 U.S. 672 (1980). In that case the United States Supreme Court held if it is determined that an employee’s duties fall outside the scope of routine duties performed by similarly situated professionals, then that employee will be considered managerial. The test to be applied is whether the decisions alleged to be managerial are “incidental to” or “in addition to” the employee’s routine duties. Id. at 690. Petitioner’s contention is therefore meritless since the evidence demonstrates that the physicians’ decisions were in addition to their professional responsibilities.
In reaching its decision, the Board relied on the physicians’ involvement in the budgetary process and various policy committees of Eastern State. Petitioner claims that the physicians’ role in the budgetary process is merely a part of the patient care process; that the team leader submits an evaluation of future needs once every
Petitioner further contends that General Dynamics Corp., 213 N.L.R.B. 851 (1974) is controlling where the NLRB determined that managerial status is reserved only for those who are closely aligned with management. Petitioner’s reliance on General Dynamics Corp. is misplaced as budgetary preparation for personnel, supplies and equipment is not the usual task of a physician and the budget decisions have a direct impact on the employer’s policies.
Petitioner next argues that the physicians’ participation on committees does not warrant a conclusion that they are managerial since the committees serve as an
Moreover, Montefiore Hospital does not support the Petitioner’s position. The NLRB in that case held that physicians’ decisions are not managerial if they are part of the routine discharge of professional duties. However, ■ the policy decisions made by physicians in the instant matter are not within. the scope of their professional duties. Further, in Montefiore Hospital, the physicians had no impact whatsoever on management policy because all institution-wide policy was formulated by the central administration, and there was very little managerial autonomy within each department. Clearly, the evidence in this case suggests otherwise.
Accordingly, having determined that the Board’s decision is supported by substantial evidence and that no error of law was committed, the order of the Board is affirmed.
Order
And NOW, this 2nd day of March, 1989, the order of the Pennsylvania Labor Relations Board is affirmed.
Judge MACPHAIL did not participate in the decision in this case.
ActofJuly23, 1970, P.L. 563, ásamended, 43P.S. §1101.301.
Specifically, the bargaining unit is comprised as follows:
In a subdivision of the employer unit comprised of all full-time and regular part-time Licensed Physicians, Medical Research Scientists, Dentists, and Podiatrists working for the Commonwealth of Pennsylvania, excluding all first level and above supervisors, managers and confidential employees as defined in the [Public Employee Relation Act (Act)].
Findings of Fact No. 3.
Psychiatrists serve as leaders of staff teams assigned to various units or cottages to treat mentally ill children and adolescents at Eastern State. The team leaders are in charge of diagnosis, development and implementation of treatment plans; participate in the budgetary process; and serve on various committees at Eastern State. Findings of Fact No. 7-8, 13-15.
Petitioner did not except to the Board’s conclusion that the physicians did not meet part two of the test nor does it argue that the
Dissenting Opinion
Dissenting Opinion by
I respectfully dissent.
Section 301(16) of PERA defines a management level employee as “any individual who is involved directly in the determination of policy or who reasonably directs the implementation thereof. ...” Thus, to be managerial, an employee must be aligned with management.
The Pennsylvania Labor Relations Board’s (PLRB) characterization of a particular position as “managerial” or “supervisory” is essentially a finding of fact. However, the principle which the PLRB follows in making that determination is a question of law. Touwship of Chartiers v. Pennsylvania Labor Relations Board, 98 Pa. Commonwealth Ct. 44, 510 A.2d 884 (1986). Because of the
Here, the hospital operates under a “cluster system” which separates the diagnostic and development of treatment plan functions of the psychiatrists from their implementation of treatment plans. The PLRB found that the psychiatrists acted as team leaders in diagnosing patients and developing the treatment to be implemented. As team leaders, they supervise members of their team which includes psychologists, nurses, social workers, and child care workers. The psychiatrists exercise no judgment in assigning work, hiring, discharging, disciplining, transferring, or granting vacation time off.
The PLRB found that the psychiatrists are involved in the budgetary process each year in that they assess the degree to which the goals and objectives of their units were realized for the past year, and set new ones for the future. The PLRB also found that the psychiatrists served on various committees of the medical staff which makes recommendations to the executive committee. The PLRB concluded that these psychiatrists are management level employees within the meaning of section 301(16) of the Public Employee Relation Act (PERA), Act of July 23, 1970, P.L. 563, as amended, 43 P.S. §1101.301(16).
For example, in National Labor Relations Board v. Yeshiva University, 444 U.S. 672, 63 L.Ed. 2d 115 (1980), the power of the teaching faculty extended beyond strictly academic concerns. The faculty made recommendations to the dean in every case of faculty hiring, tenure, sabbaticals, termination, and promotion. Thus, the faculty’s professional interests, as applied to governance at the university could not be separated from those of the institution. It ended in the formulation of a university policy.
In the instant case, the psychiatrists exercise no judgment in assigning work, hiring, discharging, disciplining, transferring, or the granting of vacation time off. Any recommendation that they give is attributable solely to their expertise as psychiatrists and not to any management skills. The recommendations are offered to serve their own independent interest in creating an effective team of professionals. The hospital retains the ultimate decision-making authority. Psychiatrists are not hired to make operative the policies of the hospital.
*38 It is not extraordinary for employees to seek to exert influence over matters embedded in an employment relationship for which they share a concern, or that management would be responsive to their strongly held desires.
Under the circumstances, to conclude that psychiatrists were managerial is irrational.
Reference
- Full Case Name
- Pennsylvania Association of State Mental Hospital Physicians, Petitioner v. Commonwealth of Pennsylvania, Pennsylvania Labor Relations Board, Respondent
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- 5 cases
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- Published