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SCRANTON SCHOOL DISTRICT v. SCRANTON FEDERATION TEACHERS (05/29/79)

decided: May 29, 1979.

SCRANTON SCHOOL DISTRICT, APPELLANT
v.
SCRANTON FEDERATION OF TEACHERS, LOCAL 1147, AFT, APPELLEE



Appeal from the Order of the Court of Common Pleas of Lackawanna County in case of Scranton School District v. Scranton Federation of Teachers, Local 1147, American Federation of Teachers, No. 2058 September Term, 1977.

COUNSEL

James A. Kelly, District Solicitor, for appellant.

Michael Brodie, with him Pechner, Dorfman, Wolffe, Rounick & Cabot, for appellee.

Judges Wilkinson, Jr., Blatt and MacPhail, sitting as a panel of three. Opinion by Judge Wilkinson, Jr.

Author: Wilkinson

[ 43 Pa. Commw. Page 102]

This is an appeal from a decision of the Court of Common Pleas of Lackawanna County pursuant to

[ 43 Pa. Commw. Page 103]

Pa. R.C.P. No. 247 affirming an arbitrator's award of backpay to certain members of the Scranton Federation of Teachers, Local 1147 (Federation). We reverse.

The Scranton School District (District) took action effective June 27, 1975, abolishing the positions of "Department Head." Believing this action to be in violation of their collective bargaining agreement and unable to amicably resolve the ensuing dispute, the Federation submitted its grievance to arbitration. The subsequent award directed the District to reinstate the department heads.*fn1 The District prosecuted an unsuccessful appeal to this Court in Scranton School Board v. Scranton Federation of Teachers, Local 1147, 27 Pa. Commonwealth Ct. 152, 365 A.2d 1339 (1976). Concurrent with the District's appeal, the Federation sought enforcement of the award by filing an unfair labor charge with the Pennsylvania Labor Relations Board (Board) pursuant to the provisions of the Public Employe Relations Act, (also known as Act 195), Act of July 23, 1970, P.L. 563, as amended, 43 P.S. § 1101.101 et seq.

The Federation's complaint charged the District with violation of Section 1201 of Act 195, 43 P.S. § 1101.1201 which provides:

(a) Public employers . . . are prohibited from:

(8) Refusing to comply with the provisions of an arbitration award deemed binding under section 903 of ...


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