# Franklin County Prison Board v. Pennsylvania Labor Relations Board

> Supreme Court of Pennsylvania · July 3, 1980 · 491 Pa. 50

URL: https://www.frixlaw.com/law-library/cases/6262250

## Case

- **Full name:** FRANKLIN COUNTY PRISON BOARD v. PENNSYLVANIA LABOR RELATIONS BOARD, and Appeal of DISTRICT COUNCIL 89, AMERICAN FEDERATION of STATE, COUNTY and MUNICIPAL EMPLOYEES, AFL-CIO
- **Court:** Supreme Court of Pennsylvania
- **Decided:** July 3, 1980
- **Citations:** 491 Pa. 50; 417 A.2d 1138; 109 L.R.R.M. (BNA) 2847; 1980 Pa. LEXIS 712
- **Precedential status:** Published
- **Opinion:** Concurrence by Nix
- **Judges:** Larsen, Nix, Roberts
- **Cited by:** 33 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6262250

## How later opinions describe it (automated extraction)

- holding that the fixing of salaries by a county salary board was not a legislative enactment

## Opinion text

NIX, Justice,
concurring.
It is my understanding that today’s Opinion of the Court requires the Prison Board and the Salary Board to implement the arbitration award as far as it is within the power of these two bodies to do so. I agree that since neither of these two Boards are empowered with the legislative authority to appropriate funds or levy taxes, they are not within the proviso of section 805 of the Public Employe Relations *63 Act, Act of June 23, 1970, No. 195, P.L. 563, 43 P.S. § 1101.805. However, since the County Commissioners are granted such authority, the Commissioners are within the meaning of the proviso. Accordingly, as to the County Commissioners, the arbitration award was merely advisory. I, therefore, agree that this proviso did not release the Prison Board from its statutory duty to implement the arbitration award. The Prison Board’s attempt to raise section 805 is premature. It would only come to play if and when the County Commissioners refuse to make the required appropriation.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6262250. Public record. Not legal advice.