DocketNumber: Appeal, No. 974 C.D. 1979
Citation Numbers: 60 Pa. Commw. 468
Judges: Blatt, Cbaig, MacPhail
Filed Date: 7/10/1981
Status: Precedential
Modified Date: 6/24/2022
Opinion by
The Port Authority of Allegheny County (PAT) appeals as of right from a preliminary injunction of the' Court of Common Pleas of Allegheny County
This case is another in the continuing saga of conflicts between PAT and Division 85, Amalgamated Transit Union (Division 85). This appeal had its genesis in a labor dispute that arose when PAT unilaterally attempted to improve the operational efficiency of its Shop. PAT’s plan included the elimination of the job classification of “Seat and Sign Repairmen,” held at that time by seven employees, and the creation, in its place, of seven more specialized job classifications. Division 85 filed a grievance and requested arbitration to determine whether the elimination or modification of the job classification would violate the parties’ Collective Bargaining Agreement (CBA). Although PAT agreed to submit the issue to arbitration, PAT advised Division 85 that its plan to
An evidentiary hearing was held on May 2, 1979. A preliminary injunction was issued on May 3, 1979, restraining PAT from implementing the proposed’ changes. The order further directed that the arbitration decision be rendered within thirty days
Subsequent to the appeal, the following events 6c-curred. The matter was heard by the arbitrators on May 15, 1979. At the request of both parties, the thirty day time limitation was suspended in order to afford the arbitrators additional time to examine the complex issues and render their decision. An interim, decision denying Division 85’s grievance was issued by the arbitrators on August 11,1979. A full opinion and award were issued on November 4, 1979, which held that PAT had not violated the CBA by unilaterally deciding to restructure the job classifications in the Shop.
In this appeal PAT asserts that the trial court abused its discretion when it issued a “status quo” injunction against one party to a CBA pending arbitration of the underlying labor dispute between the parties to that CBA. Division 85, however, asserts that we should dismiss this appeal because subsequent events have rendered the appeal moot. PAT counters that we should decide the merits of the appeal, even though the dispute is technically moot, because it is one of a recurring nature, capable of repeatedly re
In an earlier appeal involving these same parties and this same issue, this Court refused to apply the exception to the rule that a mooted issue will not be decided. Port Authority of Allegheny County v. Division 85, Amalgamated Transit Union, 45 Pa. Commonwealth Ct. 464, 405 A.2d 1022 (1979). In writing for the Court, in that case, the late President Judge Bowman stated that the unusual, if not unique, factual situation there present
The facts in the instant case, however, are not so unusual. It is to be expected that PAT will make some management decisions during the life of a CBA that will be unfavorably received by Decision 85. Moreover, the authority of PAT to make unilateral management decisions is likely to be challenged repeatedly by Division 85 and also is likely to be subjected to applications for similar “status quo” injunctions. Although we agree with Division 85 that the instant appeal is moot, we nevertheless are persuaded to apply the exception to the rule that we should dismiss a case which is moot and shall consider the substantive merits of the issue.
Our scope of review of an appeal from a decree that grants a preliminary injunction is a limited one.
In Boys Markets v. Retail Clerks Union, 398 U.S. 235 (1970), the United States Supreme Court adopted several principles for determining whether an injunction should be issued in a labor dispute.
In the instant case, there was no dispute that the grievance was subject to mandatory arbitration under the CBA. PAT contends, however, that the trial court failed to find there would be irreparable harm to Division 85 if the injunction was not issued.
At the hearing Division 85 presented evidence that although only seven senior employees would be affect
PAT further argues that unless it is impossible for the arbitrator to restore the status quo ante, an injunction to preserve the status quo should not be issued. PAT cites as authority Columbia Local, American Postal Workers Union v. Bolger, 621 F.2d 615 (4th Cir. 1980), where an injunction decree issued by the trial court was vacated because the arbitrator could, by his award, satisfactorily restore the status quo ante. While we note Columbia Local with interest, its holding is not binding on this Court.
It must be remembered also that the instant case involves a public employer and public employees. The Public Employe Relations Act, Act of July 23, 1970, P.L. 563, as amended, 43 P.S. §§1101.101-1101.2301, requires that, in addition to protecting the rights of the public employee and the public employer, the rights of the public at large must be protected. 43 P.'S. §1101. 101. It further requires that adequate means must be -established for minimizing disputes and disruption of the rights of the public. Id. Courts of equity usually go further to give and withhold relief in the furtherance of public interest than they do when only private interests are involved. 42 Am. Jur. 2d Injunctions §24 (1969).
In his well reasoned opinion in the case sub judice Judge Narick recognized that modern labor policy re
However, our careful and thorough review of the •record here convinces us that under the facts of the instant case, apart from the threat of an illegal strike, the trial court had reasonable grounds to grant the injunction, particularly in light of the facts that two of the three arbitrators had already been chosen and that the arbitrators had been directed to render their decision within 30 days. Although we may have decided otherwise, we cannot say that the trial court lacked reasonable grounds for its action.
We emphasize that our holding is a narrow one. We have found from the facts and circumstances pres
Order affirmed.
Order
And Now, this 10th day of July, 1981, the order of the Court of Common Pleas of Allegheny County, dated May 3, 1979 is affirmed, even though the issue raised by that order is moot.
This appeal was taken pursuant to Pa. R.A.P. 311 and Sections 702(a), and 762 and 5105(c) of the Judicial Code, as amended, 42 Pa. C. S. §§702(a), 762 and 5105(c).
At the time of the bearing, two of the three members of the board of arbitration had already been chosen.
In that case PAT initiated a management directive for a deviation in a passenger route. Division 85 then engaged in an illegal nine-day strike. PAT sought to enjoin the strike and Division 85 in turn sought a “status quo” injunction against PAT pending resolution of the underlying dispute through arbitration.
In Boys Market, the injunction in question was one issued to enjoin a strike in breach of a no-strike obligation under a CBA. The United States Supreme Court in that ease recognized the necessity of injunctive relief to protect the arbitral procedure. The same principles have also been applied in suits where unions are seeking a “status quo” injunction pending arbitration. Amalgamated Transit Union Division 1384 v. Greyhound Lines, Inc., 550 F.2d 1237 (9th Cir. 1977) (injunction was denied because work schedules alone were affected by the proposed changes), and Lever Brothers Co. v. International Chemical Workers Union Local 217, 554 F.2d 115 (4th Cir. 1976) (injunction was granted because the change involved an interstate relocation of a plant).
These procedures involve bidding by tbe employees for any vacant or newly created position. Selection among those who bid for a job is determined on a combination of seniority and qualification to perform the work. Bumping means that any bargaining unit members whose jobs are abolished can move into jobs held by employees with less seniority if the employees with seniority are qualified to perform the work.
In the instant case bidding had just begun for the seven new positions at the time the injunction was issued.
The record was unclear as to the exact number of locations. The number ranged from 6-8 locations throughout the greater Pittsburgh area.
There is a split of authority among the U. S. Circuit Courts of Appeal as to what constitutes irreparable harm sufficient to issue a “status quo” injunction. Most of the state courts utilize the traditional equity approach in public employer-employee cases. For an
Evidence was presented at the hearing that the members of Division 85 had participated on numerous other occasions in work stoppages over what was termed “minor” disputes. Division 85 classified the current dispute as major.
Illegal strikes can be enjoined by the courts and sanctions may also be imposed on unions for failure to use every reasonable means to end any illegal strike. Eazor Express; Inc. v. International Brotherhood of Teamsters, 520 F.2d 951 (3rd Cir. 1975), cert. denied, 424 U.S. 935 (1976).