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COMMONWEALTH PENNSYLVANIA v. NESHAMINY SCHOOL DISTRICT (06/15/79)

decided: June 15, 1979.

COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA LABOR RELATIONS BOARD, APPELLANT
v.
NESHAMINY SCHOOL DISTRICT, APPELLEE



Appeal from the Order of the Court of Common Pleas of Bucks County in case of Pennsylvania Labor Relations Board v. Neshaminy School District, No. 77-9244-04-6.

COUNSEL

Larry J. Rappoport, with him James L. Crawford, for appellant.

Miriam Reimel, for appellee.

President Judge Bowman and Judges Crumlish, Jr., Wilkinson, Jr., Rogers, Blatt, Craig and MacPhail. Judges Mencer and DiSalle, did not participate. Opinion by Judge Wilkinson, Jr. Concurring Opinion by Judge Craig.

Author: Wilkinson

[ 43 Pa. Commw. Page 378]

In this case the Pennsylvania Labor Relations Board (Board) appeals a decision of the Court of Common Pleas of Bucks County sustaining the appeal of Neshaminy School District (District) from the Board's final order directing the District to process a grievance filed by Dr. U. Frank Rago, a professional employee. We affirm.

We must once again consider the proper relationship between the Public Employe Relations Act*fn1 and the Public School Code of 1949 (Code).*fn2 A novel aspect

[ 43 Pa. Commw. Page 379]

    of that relationship is presented by the present factual setting, i.e. may one continue, for purposes of a single injury, the pursuit of a separate administrative remedy in the face of a binding adjudication rendered by another administrative unit?

From the chronology of events set out in the opinion for the court below we have selected the following as most significant:

May 25, 1976 -- Neshaminy passed resolution demoting Dr. U. Frank Rago (among others) from Instructional Media Coordinator to the position of classroom teacher.

June 2, 1976 -- Rago signed and returned notice requesting hearing before School Board.

November 30, 1976 -- Hearing held before Board after delays occasioned by ...


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