Pennsylvania Labor Relations Board — Unfair labor practice — Public Employe Relations Act, Act 1970, July 23, P.L. 563 — Scope of appellate review — Substantial evidence — Application of facts to law.
1. A determination of the Pennsylvania Labor Relations Board that an employer engaged in or did not engage in an unfair labor practice in violation of provisions of the Public Employe Relations Act, Act 1970, July 23, P.L. 563, will not be disturbed on appeal when substantial evidence supports the conclusions and the facts found were properly applied to the law. [292]
PER CURIAM MEMORANDUM OPINION AND ORDER, September 10, 1976:
These are cross appeals from a final order of the Pennsylvania Labor Relations Board concluding that the Court of Common Pleas of Philadelphia County engaged in an unfair labor practice contrary to the provisions of Section 1201(a)(1) and (3) of the Public Employe Relations Act, Act of July 23, 1970, P.L. 563, as amended, 43 P. S. § 1101.1201(a)(1), (3), and directing the court to cease and desist from such practice. The appeals are before us upon transfer from the Supreme Court of Pennsylvania which had assumed plenary jurisdiction because the judges of the appropriate court of first judicial review of the Board's adjudication disqualified themselves as parties in interest.
The issue on appeal is whether there is substantial evidence to support the Board's conclusion that a court employee was not discharged for engaging in union activity, but a reduction from four weeks to one week in termination of employment notice was so motivated. Appellant union appeals from the first conclusion and the court appeals from the second conclusion.
We are convinced that the record contains substantial evidence in support of the Board's conclusion and that the Board properly applied the facts it found to the law. St. Joseph Hospital v. PLRB, 16 Pa. Commw. 533, 330 A.2d 561 (1974); Shive v. Bellefonte Area Board of School Directors, 12 Pa. Commw. 543, 317 A.2d 311 (1974).
The final order of the Pennsylvania Labor Relations Board is hereby affirmed.