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Montgomery County v. Pennsylvania Labor Relations Board

In a matter involving the certification of a union as the bargaining representative for certain County employees, the Labor Relations Board did not abuse its discretion in determining that election improprieties did not warrant setting aside the results where the County failed to produce any evidence that the improprieties interfered with the employees' exercise of free choice.

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ARGUED: October 4, 2000

Montgomery County (County) appeals from an order of the Montgomery County Court of Common Pleas that affirmed an order of the Pennsylvania Labor Relations Board (Board) certifying the American Federation of State, County and Municipal Employees, District Council 88, AFL-CIO, (Union) as the exclusive bargaining representative of full and part-time non-professional employees of the County who are directly involved with and necessary to the functioning of the courts, but who are not hired, fired and directed by the courts (Court-Related Bargaining Unit). The County contends that the Board abused its discretion in its determination of which employees to include in the Court-Related Bargaining Unit; in its failure to dismiss the Union’s petition for representation due to the Pennsylvania Supreme Court’s mandate for a Unified State Judicial System; and in its failure to set aside the election due to various improprieties in the manner in which the election was conducted.

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