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eBook details

• Title: Commonwealth Pennsylvania v. Commonwealth Pennsylvania
• Author : Commonwealth Court of Pennsylvania
• Release Date : January 28, 1983
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 76 KB

Description

The Commonwealth of Pennsylvania, as the employer of unionized workers of the Venango County Board of Assistance, here seeks review of an order of the Pennsylvania Labor Relations Board (PLRB) requiring it to cease certain activities which the PLRB has determined constitute unfair labor practices within the meaning of Section 1201 of the Public Employee Relations Act (PERA), 43 P.S. § 1101.1201. Specifically, on December 5, 1977, during the term of a collective bargaining agreement effective from July, 1976 until the end of June, 1978, the Executive Director of the Board of Assistance imposed a ban on tobacco smoking by employees at their work stations thereby unilaterally discontinuing a more permissive practice previously applicable. It is not disputed that this ban was imposed and that no attempt was made by the Director prior to its imposition to initiate negotiations on the matter with the exclusive bargaining representative of the employees -- intervenor AFSCME District Council 13. The PLRB concluded that this unilateral change in working conditions by the employer during the effective term of a collective bargaining agreement constitutes a "[r]efus[al] to bargain collectively in good faith" prohibited by PERA Section 1201(a)(5), 43 P.S. § 1101.1201(a)(5).

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