Pennsylvania Supreme Court noted there was “no dispute” that Temple University is a public employer under Section 301 of Act 195, but since the issue is jurisdictional the Court presumably would have raised it sua sponte had it perceived a jurisdictional defect
How later courts described this case
- Pennsylvania Supreme Court noted there was “no dispute” that Temple University is a public employer under Section 301 of Act 195, but since the issue is jurisdictional the Court presumably would have raised it sua sponte had it perceived a jurisdictional defect
- residents not employees because they do not go to work “in the true bargained-for exchange normally associated with the employer-employee relationship”
Written by the judges who cited it.
The opinion
*588 MANDERINO, Justice
(dissenting).
I join in the dissenting opinion of Mr. Justice Eagen concerning the disposition of this case regarding Temple University Hospital. I must also, however, dissent from the majority’s ruling concerning the Albert Einstein Medical Center. A valid election was held at the direction of the Pennsylvania Labor Relations Board, and the Philadelphia Association of Interns and Residents was elected the bargaining agent for the interns, residents and clinical fellows. The matter should not be moot because the Commonwealth Court made an erroneous decision reversing the order of the Pennsylvania Labor Relations Board. The Albert Einstein Medical Center is entitled to the same disposition as is Temple University Hospital. Whether the federal amendment relied on by the majority has the effect of invalidating the Pennsylvania Labor Relations Board’s order is an issue which cannot properly be determined without an analysis of the retroactive effect of that amendment — an issue not considered by the majority opinion.