Pennsylvania Social Servs. Local 668 v. Pennsylvania Labor Relations Board

In Pennsylvania Social Servs. Local 668 v. Pennsylvania Labor Relations Board, 481 Pa. 81, 392 A.2d 256 (1978) the Supreme Court rejected the Board's contention that its decision not to issue a complaint within its discretion under Section 1302 of the PERA, 43 P. S. 1101.1302, was not appealable. Rather, the Supreme Court held that such a decision was appealable but that courts would not review the actions of governmental bodies or administrative tribunals involving acts of discretion in the absence of bad faith, fraud, capricious action or abuse of power. Possession of discretionary power does not make the action wholly immune from judicial review, but the review is limited to the determination of whether there has been a manifest and flagrant abuse of discretion or a purely arbitrary exercise of the agency's duties or functions.