The Pennsylvania Supreme Court violated internal operating procedures when only two justices signed off on dismissing labor union leader John J. Dougherty's appeal as improvidently granted, Dougherty has argued in an application for reconsideration of the court's decision.

Oral argument had been scheduled in Dougherty v. Heller for the court's September argument session in Philadelphia, but the justices removed the case from the argument list after the defense sent letters in August to Justices Max Baer and Correale F. Stevens seeking their disqualification, according to the application.

Then on Oct. 29, the court dismissed Dougherty's appeal as having been improvidently granted, with Justices Baer, Stevens and Debra M. Todd listed as not participating in the decision.