MARTINO v. TRANSPORT WORKERS UNION, ETC.


301 Pa.Super. 161 (1982)

447 A.2d 292

Nicholas MARTINO v. TRANSPORT WORKERS UNION OF PHILADELPHIA-LOCAL 234 and Transport Workers Union of America-AFL-CIO and Southeastern Pennsylvania Transportation Authority. Appeal of UNION OF PHILADELPHIA-LOCAL 234 and Transport Workers Union of America-AFL-CIO. Nicholas MARTINO v. TRANSPORT WORKERS UNION OF PHILADELPHIA-LOCAL 234 and Transport Workers Union of America-AFL-CIO and Southeastern Pennsylvania Transportation Authority. Appeal of SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY.

Supreme Court of Pennsylvania.

Filed June 25, 1982.

Petition for Allowance of Appeal Granted October 8, 1982.


Attorney(s) appearing for the Case

Herbert K. Fisher, Philadelphia, for Union of Phila.-Local 234 and Transport Workers Union of America-AFL-CIO, appellants (at No. 2457) and appellees (at No. 2459).

Marcus Manoff, Philadelphia, for Southeastern PA Transp. Authority, appellant (at No. 2459) and appellee (at No. 2457).

Harris T. Bock, Philadelphia, for Martino, appellee.

Before CERCONE, President Judge, and CAVANAUGH, ROWLEY, WIEAND, McEWEN, CIRILLO and MONTEMURO, JJ.


ROWLEY, Judge:

These consolidated appeals present the question whether the courts of common pleas have "subject matter jurisdiction" to hear and decide an action in equity instituted by a former employee against his former public employer and his union seeking relief (1) against the employer for allegedly discharging him in violation of a collective bargaining agreement between the employer and the union and, (2) against the union for an alleged breach of its duty...

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