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LANCASTER COUNTY v. PA LABOR RELATIONS BD.

No. 36 MAP 2013

94 A.3d 979 (2014)

LANCASTER COUNTY, Appellee v. PENNSYLVANIA LABOR RELATIONS BOARD, Appellant. American Federation of State, County and Municipal Employees, District Council 89, AFL-CIO, Intervenor.

Supreme Court of Pennsylvania.

Decided June 16, 2014.

Attorney(s) appearing for the Case

Lauren Miller Hoye, Esq. , Amy Louise Rosenberger, Esq. , Willig, Williams & Davidson, Philadelphia, for AFSCME District Council 89.

Warren R. Mowery Jr., Esq. , John Best Neurohr, Esq. , PA Labor Relations Board, for Pennsylvania Labor Relations Board.

Susan Ruth Friedman, Esq. , Lancaster, Brad Michael Kushner, Esq. , Philadelphia, Stevens & Lee, P.C., for Lancaster County.

BEFORE: CASTILLE, C.J., SAYLOR, EAKIN, BAER, TODD, McCAFFERY, STEVENS, JJ.

OPINION

Justice TODD.

In this appeal by allowance, we determine whether county prison maintenance employees who supervise inmates constitute "guards at prisons" for purposes of collective bargaining unit placement under the Pennsylvania Employe Relations Act ("PERA"), 43 P.S. § 1101.604(3). For the reasons that follow, we hold that the Commonwealth Court did not apply the proper level of deference in its appellate review of the decision of the...

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