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Allegheny County Council

County Council weighs whether to jump into jail fight.

Written by Amy Whipple

Allegheny County Council is weighing whether to step into a fight over whether disciplinary actions at the Allegheny County Jail can be determined by a referendum.

The issue goes back to 2021 when voters approved ballot initiatives to restrict the jail’s use of solitary confinement as well as some uses of force such as pepper spray.

The Prison Employees Independent Union subsequently filed a charge of unfair practices with the Pennsylvania Labor Relations Board (PLRB), alleging that the changes should be subject to collective bargaining since they affect the correctional officers’ safety. The PLRB, the county’s common pleas court and the Commonwealth Court of Pennsylvania found the policies to be the responsibility of the county as an employer—not subject to bargaining.

The union appealed the Commonwealth Court Decision to the Pennsylvania Supreme Court which intends to hold a hearing on the issue.

The question in front of Allegheny County Council this week was whether it should file a “friend of the court” brief stating its position on the case. The motion did not elaborate on what that position might be.

The Pennsylvania Supreme Court will examine three questions: is the use of force policy subject to bargaining, did the Commonwealth Court misapply an existing case to prove that it’s not and does an ordinance enacted via voter referendum have equal weight to one passed by a legislative body?   

Council Member Bethany Hallam of Ross, who put forward the motion, expressed concern about council’s ability to legislate the jail if the court decides in favor of the union. “We have no way of knowing or predicting why the Supreme Court took it up,” she said, “so better safe than sorry. [I’m] trying to be proactive on this.”

Council voted in favor of its solicitor determining if it should file a brief.

Connections to this story

Elected officials:
Bethany Hallam
Topics:
Public Safety & EMS
Governments:
Allegheny County Council
Sources:
Motion 13788-26 — directing Council's solicitor to evaluate the merits of filing an amicus curiae brief in the matter of Allegheny County…

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