DocketNumber: Appeal, No. 1259 C.D. 1977
Citation Numbers: 38 Pa. Commw. 397
Judges: Disalle, MacPhail, Wilkinson
Filed Date: 11/3/1978
Status: Precedential
Modified Date: 6/24/2022
Opinion by
The very narrow issue before us for decision in this case is whether inmates in a penal institution, awaiting trial, awaiting sentence, or serving a sentence, are within the protection and benefits of the Public Employe Relations Act, Act of July 23, 1970, P.L. 563, as amended, 43 P.S. §1101.101 et seq. (PERA), with regard to the work they perform. Ap
In an able opinion filed for the common pleas court, Judge deFubia discussed the general law with regard to this case, including cases from other jurisdictions, making it unnecessary for us to do so.
In the recent ease of Philadelphia Association of Interns and Residents v. Albert Einstein Medical Center, 470 Pa. 562, 369 A.2d 711 (1976), in a four-three decision, our Supreme Court held that PERA did not cover hospital interns and residents as being “public employes,” their primary purpose being educational, i.e., student-teacher, rather than gainful employment, i.e., employer-employee. Chief Justice Egan’s dissent, with concurrence from Justice Manderino, stated that
Accordingly, we will enter the following
Order
And Now, November 3, 1978, the Order of the Court of Common Pleas of Delaware County in No. 76-16604 and No. 76-16605, dated June 1, 1977 affirming the Pennsylvania Labor Relations Board’s final orders is affirmed.
64 Del. 282 (1977).
Of interest is a very current opinion of Judge Luongo for the United States District Court for the Eastern District of Pennsylvania in Harold X v. Brierley, et al., Civil Action, No. 76-3582, filed September 19, 1978. This case holds that the low wages paid inmates, being substantially below the minimum wages established by state and federal law, do not constitute cruel and unusual punishment.