Opinion

Bowers v. Pennsylvania Labor Relations Board

  • 402 Pa. 542
  • 167 A.2d 480
  • 1961 Pa. LEXIS 396
Court
Supreme Court of Pennsylvania
Filed
Jan 16, 1961
Status
Published
Author
Musmanno
On the bench
Bell, Bok, Cohen, Eagen, Jones, Musmanno
Cited by
33 cases
Authority
More cited than 7.2%

considering the Pennsylvania Labor Relations Board, its administrative expertise, and the nature of its adjudicatory functions and concluding: “It is plain enough that, in the public interest, such Board members were not to be made amenable to political influence or discipline in the discharge of their official duties.”

How later courts described this case

  • considering the Pennsylvania Labor Relations Board, its administrative expertise, and the nature of its adjudicatory functions and concluding: “It is plain enough that, in the public interest, such Board members were not to be made amenable to political influence or discipline in the discharge of their official duties.”
  • rejecting governor’s claim that he could remove at his pleasure a member of the Labor Relations Board, whose “members were not to be made amenable to political influence or discipline in the discharge of their official duties”
  • stating similar language in different statutes requires the same construction
  • Governor could not remove member of Labor Relations Board who was appointed for statutorily fixed tenure

Written by the judges who cited it.

The opinion

Dissenting Opinion by

Me. Justice Musmanno:

I join in the able, in fact, magnificent, Dissenting Opinion written by my brother Benjamin R. Jones in this case. The purpose of this separate dissent is merely to say that while Justice Jones disagrees with the Watson case, * “reluctantly,” I oppose it whole-heartedly. I would overrule it instanter. When it was promulgated, I filed a Dissenting Opinion against it to *559 .the extent of twelve closely printed pages. By reference, I repeat and emphasize everything I said in that Dissent.

386 Pa. 117 .

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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