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SCHOOL DISTRICT BOROUGH ALIQUIPPA v. PENNSYLVANIA STATE EDUCATION ASSOCIATION ALIQUIPPA EDUCATION ASSOCIATION (12/22/77)

decided: December 22, 1977.

SCHOOL DISTRICT OF THE BOROUGH OF ALIQUIPPA, APPELLANT
v.
PENNSYLVANIA STATE EDUCATION ASSOCIATION; ALIQUIPPA EDUCATION ASSOCIATION, AN UNINCORPORATED ASSOCIATION, AND DONALD ADAMS, PRESIDENT, INDIVIDUALLY AND AS TRUSTEE AD LITEM FOR THE ALIQUIPPA EDUCATION ASSOCIATION; AND MICHAEL ZOBRAK, DISTRICT FIELD REPRESENTATIVE, APPELLEES



Appeal from the Order of the Court of Common Pleas of Beaver County in case of School District of the Borough of Aliquippa v. Pennsylvania State Education Association; Aliquippa Education Association, an unincorporated association, and Donald Adams, President, individually and as Trustee Ad Litem for the Aliquippa Education Association; and Michael Zobrak, District Field Representative, No. 1949 of 1977.

COUNSEL

John A. Havey, for appellant.

Ronald N. Watzman and Daniel R. Delaney, for appellees.

Judge DiSalle. Memorandum Opinion by Judge DiSalle.

Author: Disalle

[ 33 Pa. Commw. Page 203]

We have before us a unique situation. On December 7, 1977, the School District of the Borough of Aliquippa (Appellant) petitioned the Court of Common Pleas of Beaver County for an injunction against the striking teachers in its District. Hearings were held on December 12 and 13, 1977, and on December 13, 1977, the lower court, Sawyer, P.J., enjoined the strike. In addition to enjoining the strike and ordering the teachers back to work, the lower court ordered:

(1) that the teachers return to work under the terms of the last mutually agreed upon contract between the parties (this being the 3-year contract entered into on October 3, 1974);

[ 33 Pa. Commw. Page 204]

(2) that the District and the Teachers Association enter into continuous bargaining sessions;

(3) that the Appellant schedule school days during Christmas and Easter vacations; and

(4) that the Appellant seek a revision in instructional days from 180 days to 990 hours.

The Appellant has taken an appeal to our Court and now asks for a supersedeas.*fn*

Appellant contends that under Rule 1736 of the Rules of Appellate Procedure, its taking of the appeal to this Court operates as an automatic supersedeas. (Although appellant requested a supersedeas from the court below, it asserts that it did so only because the lower court indicated that, in its opinion, ...


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