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PENNSYLVANIA LABOR RELATIONS BOARD v. WILLIAMSPORT AREA SCHOOL DISTRICT AND WILLIAMSPORT EDUCATION ASSOCIATION (10/01/79)

decided: October 1, 1979.

PENNSYLVANIA LABOR RELATIONS BOARD
v.
WILLIAMSPORT AREA SCHOOL DISTRICT AND WILLIAMSPORT EDUCATION ASSOCIATION, APPELLANT AT NO. 574. PENNSYLVANIA LABOR RELATIONS BOARD, APPELLANT AT NO. 575 V. WILLIAMSPORT AREA SCHOOL DISTRICT AND WILLIAMSPORT EDUCATION ASSOCIATION



No. 574 January Term, 1977, No. 575 January Term, 1977, Appeal from Opinion and Order of the Commonwealth Court of Pennsylvania entered March 18, 1977, at No. 650 C.D. 1976, reversing the Opinion and Order of the Court of Lycoming County at No. 75-3390

COUNSEL

William A. Hebe, Wellsboro, for appellant in 574 and for intervening appellee in 575.

Spencer, Gleason & Hebe, Wellsboro, for appellant in 574.

James L. Crawford, Forest N. Myers, James F. Allmendinger, Harrisburg, for appellee, Pennsylvania Labor Relations Bd. in 574 and for appellant in 575.

Paul W. Reeder, Elliot Newman, Williamsport, for appellee, School Dist. in both cases.

Michael I. Levin, Harrisburg, for amicus curiae, Pa. School Boards Ass'n in both cases.

Anthony D. Newman, Harrisburg, for amicus curiae in 574.

Eagen, C. J., and O'Brien, Roberts, Nix, Manderino and Larsen, JJ. Larsen, J., filed a dissenting opinion.

Author: Manderino

[ 486 Pa. Page 377]

OPINION

In this appeal, we are again asked to decide the propriety of unilateral changes made by a school district in the terms and conditions of employment of its professional employees. Although presented in a somewhat different factual posture, the issue is substantially similar to the one recently before this Court in Appeal of Cumberland Valley School District, 483 Pa. 134, 394 A.2d 946 (1978) and we conclude that the resolution of the matter is controlled by that decision.

A collective bargaining agreement between appellant, Williamsport Education Association (Association), the collective bargaining representative for the teachers of the appellee, Williamsport Area School District (District) expired on June 30, 1974. About six months prior to the expiration of the contract, the parties initiated collective bargaining concerning a new contract. When the parties failed to reach agreement, the Association called a strike which began on September 6, 1974. Several citizens initiated legal action requesting a court injunction ordering the Association and its members to return to work. On October 3, 1974 a preliminary injunction was issued by the Court of Common Pleas of Lycoming County ordering the teachers to return to work and to report to the court concerning the status of continuing negotiations. The injunction provided that the teachers were to return to work under the terms and conditions of the last collective bargaining agreement in effect between the parties. The court took under advisement a challenge by the Association to the court's ...


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