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DAUPHIN COUNTY TECHNICAL SCHOOL EDUCATION ASSOCIATION v. DAUPHIN COUNTY AREA VOCATIONAL-TECHNICAL SCHOOL BOARD (10/05/78)

decided: October 5, 1978.

DAUPHIN COUNTY TECHNICAL SCHOOL EDUCATION ASSOCIATION, APPELLANT,
v.
DAUPHIN COUNTY AREA VOCATIONAL-TECHNICAL SCHOOL BOARD, APPELLEE, AND ELAINE J. HOPPE, INTERVENOR



No. 37 May Term, 1977, Appeal from the Order of the Commonwealth Court of Pennsylvania entered on May 27, 1976 at No. 130 Misc. Docket

COUNSEL

Clarence C. Morrison, Harrisburg, for appellant.

Forest N. Myers, Harrisburg, for intervening appellant, Pa. Labor Relations Bd.

James F. Carl, Harrisburg, for appellee.

Charles J. DeHart, III, Harrisburg, for intervenor.

Michael I. Levin, Cleckner & Fearen, Harrisburg, for amicus curiae, Pa. School Boards Assn.

Eagen, C. J., and O'Brien, Roberts, Pomeroy, Nix and Manderino, JJ. Pomeroy, J., files an opinion in support of affirmance in which Eagen, C. J., and O'Brien, J., join. Roberts, J., files an opinion in support of reversal in which Nix and Manderino, JJ., join.

Author: Per Curiam

[ 483 Pa. Page 605]

ORDER OF COURT

The six members of this Court who heard this appeal being equally divided, the order of the Commonwealth Court is affirmed.

[ 483 Pa. Page 606]

OPINION IN SUPPORT OF AFFIRMANCE

POMEROY, Justice.

On June 16, 1974, acting pursuant to the Public Employe Relations Act*fn1 (PERA), the Dauphin County Area Vocational-Technical School Board ("the School Board" or "the Board") and the Dauphin County Technical Education Association ("the Association") entered into a collective bargaining agreement ("agreement") covering the period July 1, 1974 to June 30, 1977. At issue in this appeal is ...


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