Appeal from the Order of the Court of Common Pleas of Cumberland County in case of In Re: Appeal of Cumberland Valley School District from Final Order of Pennsylvania Labor Relations Board in Case No. PERA-M-6966-C, No. 2978 Civil, 1975.
Richard C. Snelbaker, for appellant.
Forest N. Myers, with him James F. Wildeman, for appellee, Pennsylvania Labor Relations Board.
Gerald E. Ruth, for additional appellee, Cumberland Valley Education Association.
William Fearen, Michael I. Levin and Cleckner & Fearen, for amicus curiae, Pennsylvania School Boards Association.
President Judge Bowman and Judges Crumlish, Jr., Kramer, Wilkinson, Jr., Mencer, Rogers and Blatt. Judge Kramer did not participate in the decision. Opinion by Judge Mencer. Judge Kramer did not participate in the decision in this case. Judge Rogers dissents.
[ 31 Pa. Commw. Page 408]
In 1973 the Cumberland Valley School District (School District) entered into a collective bargaining agreement with the Cumberland Valley Education Association (Association) representing the School District's employees. The contract expired on June 30, 1975, and negotiations which had begun in January 1975 relative to a subsequent contract did not produce a new contract by June 30, 1975. Under the contract which expired on June 30, 1975, the School District was obligated to pay certain benefits for the employees of the bargaining units; namely, (1) medical and hospitalization premiums, (2) life insurance premiums, and (3) certain limited tuition cost reimbursements.
On July 2, 1975, the school board of the district, recognizing that the collective bargaining agreement had expired, ceased payment of public monies for these three enumerated benefits. The School District
[ 31 Pa. Commw. Page 409]
also paid the balance of all salaries due members of the bargaining unit under the provisions of the expired contract.
Also, on July 2, 1975, the school board directed its administrative staff to notify all affected employees of the cessation of benefits and authorized the business office to accept payments from said employees to maintain the insurance coverages. Written notices informing the affected employees of these decisions by the school board were sent to them on July 3, 1975.
The Association, on July 7, 1975, filed unfair labor practice charges with the Pennsylvania Labor Relations Board (PLRB), which found that unfair labor practices had been committed by the School District.*fn1 The School District then appealed to the Court of Common Pleas of ...