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CANON-MCMILLAN SCHOOL BOARD v. COMMONWEALTH PENNSYLVANIA (01/28/74)

decided: January 28, 1974.

CANON-MCMILLAN SCHOOL BOARD, APPELLANT,
v.
COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA LABOR RELATIONS BOARD AND CANON-MCMILLAN EDUCATION ASSOCIATION, APPELLEES



Appeal from the Order of the Court of Common Pleas of Washington County in case of Pennsylvania Labor Relations Board v. Canon-McMillan School Board, Respondent-Appellant, No. 314 January Term, 1972.

COUNSEL

Frank C. Roney, for appellant.

Raymond W. Cromer, Assistant Attorney General, with him James F. Wildeman, Assistant Attorney General, Francis A. Zulli, Assistant Attorney General, and James L. Crawford, Assistant Attorney General, for Pennsylvania Labor Relations Board.

Ronald N. Watzman, with him Watzman, Levenson and Snyder, for Canon-McMillan Education Association.

William Fearen, with him Cleckner and Fearen, for amicus curiae, Pennsylvania School Boards Association.

President Judge Bowman and Judges Crumlish, Jr., Kramer, Wilkinson, Jr., Mencer, Rogers and Blatt. Opinion by Judge Blatt. Dissenting Opinion by Judge Mencer. Judge Rogers joins in this dissent.

Author: Blatt

[ 12 Pa. Commw. Page 325]

This is an appeal by the Canon-McMillan School Board (School Board) from an order of the lower court adopting and approving an opinion and final order of the Pennsylvania Labor Relations Board (Labor Board). The Labor Board found the School Board guilty of having committed an unfair practice in failing to bargain with employee representatives regarding wages for extra-curricular activities contrary to the provisions of Section 1201(a)(5) of the Public Employe Relations Act, Act of July 23, 1970, P.L. 563, 43 P.S. ยง 1101.1201(a)(5) (Act 195). Our scope of review, of course, is here ". . . limited to a determination of whether the findings of the Labor Board are supported by substantial and legally credible evidence and whether the conclusions deduced therefrom are reasonable and not capricious, arbitrary or illegal". Pennsylvania Labor Relations Board v. State College Area School District, 9 Pa. Commonwealth Ct. 229, 233, 306 A.2d 404, 407 (1973).

While we must hold that the Labor Board was correct here in finding that the School Board committed an unfair practice, we would emphasize that the issue in this case is a very limited one: once the school board has exercised its discretion and has decided to conduct

[ 12 Pa. Commw. Page 326]

    certain extra-curricular activities,*fn1 must it bargain with the proper employe representatives in regard to the amount of wages*fn2 to be paid to those member-employes who are employed to supervise such activities?

The appellants contend that this is not a negotiable matter under Act 195 because it is an issue of managerial policy which affects wages, and it is thus covered by the following "meet and discuss"*fn3 provisions of Section 702: "Public employers shall not be required to bargain over matters of inherent managerial policy, which shall include but shall not be limited to such areas of discretion of policy as the functions and programs of the public employer, standards of services, its overall budget, utilization of technology, the organization structure and selection and direction of personnel. Public employers, however, shall be required to meet and discuss on policy matters affecting wages, hours and terms and conditions of employment as well as the impact thereon upon request by ...


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