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BROWNSVILLE GEN. HOSP. v. PA. L. R. B.

Nos. 1661 C.D. 1973 and 7 T.D. 1974.

15 Pa.Commw. 428 (1974)

Brownsville General Hospital, Appellant, v. Commonwealth of Pennsylvania, Pennsylvania Labor Relations Board, Appellee, and Pennsylvania Nurses Association, Intervening Appellee. Pennsylvania Labor Relations Board, Petitioner, v. Brownsville General Hospital, Respondent.

Commonwealth Court of Pennsylvania.

October 1, 1974.

Attorney(s) appearing for the Case

Thomas A. Beckley, with him Beckley & Grove, for appellant.

Raymond W. Cromer, with him James F. Wildeman and James L. Crawford, for appellee.

Kent H. Patterson, with him Cleckner and Fearen, for intervening appellee.

Jerome H. Gerber, with him Handler, Gerber and Weinstock, for amicus curiae, Pennsylvania State AFLCIO.

Argued May 10, 1974, before Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT. President Judge BOWMAN did not participate. Reargued June 4, 1974, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.

OPINION BY JUDGE CRUMLISH, JR., October 1, 1974:

The important question raised by this appeal is whether or not a private, non-profit hospital participating in federal and state medical assistance programs and the past recipient of federal plant construction matching funds, is a "public employer" within the meaning of Section 301(1) of the Public Employe Relations Act, Act of July 23, 1970, P.L. 563, 43 P.S. § 1101.301

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