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ASSOCIATION PENNSYLVANIA STATE COLLEGE AND UNIVERSITY FACULTIES v. COMMONWEALTH PENNSYLVANIA (06/03/77)

decided: June 3, 1977.

ASSOCIATION OF PENNSYLVANIA STATE COLLEGE AND UNIVERSITY FACULTIES, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA LABOR RELATIONS BOARD, RESPONDENT. COMMONWEALTH OF PENNSYLVANIA, PETITIONER V. ASSOCIATION OF PENNSYLVANIA STATE COLLEGE AND UNIVERSITY FACULTIES, RESPONDENT



Appeals from the Order of the Pennsylvania Labor Relations Board in case of Pennsylvania Labor Relations Board v. Commonwealth of Pennsylvania, Case No. PERA-C-6932-C.

COUNSEL

John D. Killian, with him Killian & Gephart, for Association of Pennsylvania State College and University Faculties.

John D. Thrush, with him Thomas H. Lane, Special Counsel, for the Commonwealth.

Forest N. Myers, Assistant Attorney General, with him James F. Wildeman, Assistant Attorney General, for Pennsylvania Labor Relations Board.

President Judge Bowman and Judges Crumlish, Jr., Kramer, Wilkinson, Jr., Mencer, Rogers and Blatt. Opinion by Judge Blatt. Concurring Opinion by President Judge Bowman. Dissenting Opinion by Judge Mencer.

Author: Blatt

[ 30 Pa. Commw. Page 405]

The Association of Pennsylvania State College and University Faculties (APSCUF) and the Commonwealth of Pennsylvania (Commonwealth) have brought separate appeals from an order of the Pennsylvania Labor Relations Board (Board) which dismissed APSCUF's charge that the Commonwealth had committed an unfair labor practice. These appeals were consolidated for argument and will be considered together in this opinion.

[ 30 Pa. Commw. Page 406]

APSCUF initiated a complaint with the Secretary of Education on February 12, 1975, alleging violations of several articles of the APSCUF -- Commonwealth Collective Bargaining Agreement (Agreement) including Article XXXIV which provides as follows:

Article XXXIV. Legislative Action

A. In the event that any provision of this Agreement requires legislative action to become effective, including, but not limited to, amendment of existing statutes, the adoption of new legislation or the granting of appropriations, that provision shall become effective only if such legislative action is taken. The parties, however, mutually agree to make such recommendations to the Legislature which may be necessary to give force and effect to the provisions of this Agreement.

B. The Commonwealth, with the cooperation of APSCUF, will cause to be introduced and will lend its full support to the necessary proposed legislation.

C. In the event the legislation is not passed with respect to a specific subject matter, the parties hereto shall have the right to renegotiate regarding the subject matter contained in the appropriate ...


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