504 A.2d 437
Commonwealth Court of Pennsylvania.Argued March 13, 1985
February 12, 1986.
Pennsylvania Labor Relations Board — Deputy sheriffs — Police functions — Public Employe Relations Act, Act of July 23, 1970, P.L. 563 — Act of June 24, 1968, P.L. 237.
1. Although deputy sheriffs in Allegheny County perform some acts normally performed by police, a deputy sheriff remains basically an arm of the judicial system, performing court-related functions, and, as the legislature has not expressed an intention to alter that status, deputy sheriffs for collective bargaining purposes remain subject to provisions of the Public Employe Relations Act, Act of July 23, 1970, P.L. 563, rather than the Act of June 24, 1968, P.L. 237, which covers police officers and firefighters. [134]
Argued March 13, 1985, before President Judge CRUMLISH, JR., Judges CRAIG, MacPHAIL, DOYLE, BARRY, COLINS and PALLADINO.
Appeal No. 20 T.D. 1983, from the Order of the Pennsylvania Labor Relations Board in case of in The Matter of the Employes of Allegheny County Sheriff’s Department, Case No. PF-R-81-68-W.
Sheriff’s Association filed petition for investigation and certification of representatives with Pennsylvania Labor Relations Board. Hearing officer filed proposed order of dismissal of petition. Exceptions and request for oral argument filed by Association.
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Board dismissed exceptions and made proposed order of dismissal absolute and final. Association appealed to the Court of Common Pleas of Allegheny County. Case transferred to the Commonwealth Court of Pennsylvania. Held: Affirmed.
Arthur Cutruzzula, Balzarini, Carey Maurizi, for petitioner.
James L. Crawford, with him, Ellis H. Katz, for respondent, Pennsylvania Labor Relations Board.
Ira Weiss, Deputy County Solicitor, with him, James L. McLean, County Solicitor, for respondent, County of Allegheny.
OPINION BY PRESIDENT JUDGE CRUMLISH, JR., February 12, 1986:
The Allegheny County Deputy Sheriff’s Association (Association) petitioned for investigation and certification of representatives under the Act of June 24, 1968 (Act 111).[1] The Pennsylvania Labor Relations Board (Board) dismissed this petition. The Association appeals;[2] we affirm.
The Association’s bargaining unit is comprised of approximately 102 members: thirteen sergeants, five plainclothes detectives and eighty-four uniformed deputies. Presently, they are certified for collective bargaining purposes under the Public Employe Relations Act (Act 195).[3] The present petition seeks certification
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under Act 111, which governs collective bargaining between policemen and firemen and their public employers.[4]
We must determine whether any changes have occurred since our decision in Venneri v. County of Allegheny, 12 Pa. Commw. 517, 316 A.2d 120 (1974) (Venneri II), which would alter our conclusion there that the deputy sheriffs are not policemen for purposes of Act 111.[5] In Venneri II we held that, although the deputy sheriffs’ duties encompassed many activities normally performed by police, their primary duties were directly related to the operation of the Allegheny County courts. Id.
The sheriff’s office has continued to perform the same police-type functions. These include plainclothes investigatory work; patrol of the County’s public transit system; replacing absent police officers to augment the police force; and providing security for V.I.P.’s in Allegheny County. However, the record also indicates that the deputy sheriffs have maintained their traditional status as an arm of the Allegheny County judicial system, implementing various court-related processes.[6]
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Since Venneri II the only other duties have involved the institution of public safety programs,[7] undercover work with a drug enforcement task force connected with the Federal Drug Enforcement Administration for approximately four years[8] and undercover work with a related homicide investigative unit.[9] We hold that these new responsibilities are not sufficient in either quality or quantity to justify a conclusion that the deputy sheriffs’ status rises to the level of police under Act 111.
We reject the Association’s alternative argument that the legislature has in the interim granted general police powers to deputy sheriffs. In particular, it notes Section 10(a) of the Second Class County Code (Code),[10] which provides that a deputy sheriff can be “reduced in rank, suspended, furloughed or discharged . . . [for] conduct unbecoming a police officer. . . .” (Emphasis added.) It is well-settled that “[w]hen vesting a group with police powers and duties, the Legislature does so with specificity.” Commonwealth v. Pennsylvania Labor Relations Board, 64 Pa. Commw. 525, 532, 441 A.2d 470, 475
(1982); aff’d in part, rev’d in part, Commonwealth v. Pennsylvania Labor Relations Board, 502 Pa. 7, 463 A.2d 409
(1983). The deputy sheriffs are not specifically vested with police powers and Section 10(a) does not provide this authority. Sections 7[11] and 14[12] of the
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Code merely reaffirm the role of deputy sheriffs as court-related officers who may be called upon for limited police support.[13] Moreover, the deletion of the last sentence in Section 2(b) of House Bill No. 101, which stated that “all reference to the police force shall be deemed to include the force of deputy sheriffs,”[14] clearly indicates that the legislature chose to distinguish deputy sheriffs from policemen.
We reaffirm our decision in Venneri II and conclude that no substantial change has occurred in the duties of the deputy sheriffs since that decision. We hold that they are still essentially court-related personnel and not policemen within the meaning of Act 111.[15]
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The order of the Pennsylvania Labor Relations Board is affirmed.
ORDER
The order of the Pennsylvania Labor Relations Board, No. PF-R-81-68-W, dated December 1, 1982, is affirmed.
Judge BARRY did not participate in the decision in this case.
(a).
Nothing herein contained shall prevent the appointment of deputy sheriffs without examination to act in emergency cases, for the suppression of riots, breaches of the peace, tumults, in times of war, pestilence, conflagration, or public celebration.
Every member of the force of deputy sheriffs shall have at least twenty-four consecutive hours of rest in each calendar week, except in emergency cases for the suppressions of riots or tumults or the preservation of the public peace, in times of war, riot, conflagration, or public celebration or whenever the sheriff deems it necessary to maintain good order. No member shall be required to work more than eight consecutive hours in any twenty-four hours except in the aforesaid cases of emergency.