HOLLINGER v. DEPARTMENT OF PUB. WELF.


469 Pa. 358 (1976)

365 A.2d 1245

Rosemary HOLLINGER and E. Elizabeth Miller v. The DEPARTMENT OF PUBLIC WELFARE of the Commonwealth of Pennsylvania, et al., Appellants. John MOOK et al. v. Milton J. SHAPP, Governor of the Commonwealth of Pennsylvania, et al., Appellants.

Supreme Court of Pennsylvania.

Decided October 8, 1976.

Rehearing Denied December 7, 1976.


Attorney(s) appearing for the Case

Gerry J. Elman, Deputy Atty. Gen., Harrisburg, for appellants.

Thomas A. Beckley, Harrisburg, for appellees.

Jerome H. Gerber and James L. Cowden, Harrisburg, for Pennsylvania AFL-CIO amicus curiae.

Before JONES, C.J., and EAGEN, O'BRIEN, ROBERTS, POMEROY, NIX and MANDERINO, JJ.


OPINION OF THE COURT

POMEROY, Justice.

These appeals present the question whether jurisdiction in equity exists in suits by public employee against their employers and collective bargaining representatives to enjoin payroll deductions for union dues, and to recover the amount of dues already deducted. The Commonwealth Court held that it has equitable jurisdiction of such suits. For the reasons which follow, we have concluded that the instant action was initiated...

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