7. Student Services Inc. was a nonprofit organization that operated a bookstore, bowling alley, vending machines, and other services at Edinboro State College in Pennsylvania. The Retail Clerks Union filed a petition with the Pennsylvania Labor Relations Board seeking a Public Employees Relations Act. After several hearings, an election was held and the union won. The board subsequently certified the union.

The company challenged the board’s jurisdiction, stating that it was not a part of the state college and therefore was a private employer covered by the NLRA. The bookstore, bowling alley, and other services were housed rent-free in a building owned by the Commonwealth of Pennsylvania and situated on the college campus.

Pennsylvania law defines a “public employer” in pertinent part as “any nonprofit organization or institution and any charitable, religious, scientific, literary, recreational, health, educational or welfare institution receiving grants or appropriations from local, State or Federal governments.”

How should the court have ruled on Student Services’ status? See In the Matter of Employees of Student Services, Inc. [411 A.2d 569 (Pa. Super.

1980)].