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Dalton Police Association v. Pennsylvania Labor Relations Board

Board's finding that the Police Chief was a managerial employee excluded from the police officers' collective bargaining unit was supported by evidence showing that the Chief had extensive purchasing responsibilities, personnel responsibilities, policymaking functions, and day-to-day control over the interworkings of the police department.

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ARGUED: December 4, 2000

Dalton Police Association (Association) appeals from an order of the Pennsylvania Labor Relations Board (Board) finding that James Gray, the Chief of Police of Dalton Borough (Chief), as a managerial employee was excluded from the collective bargaining unit certified by the Board to represent police officers under Act 111.

On October 20, 1999, the Association filed a petition for representation with the Board pursuant to Section 7(c) of the Pennsylvania Labor Relations Act *fn1 and Act 111 of 1968 *fn2 seeking to represent a bargaining unit of all non-managerial police employees which was to include the full-time chief of police position. The Dalton Borough Police Department consisted of five officers, including the Chief, who was its only full-time employee. Because Dalton Borough (Borough) did not agree that the chief of police should be part of the bargaining unit, the Board heard evidence to determine whether the Borough’s chief of police position was managerial in nature. *fn3

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