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PENNSYLVANIA LABOR RELATIONS BOARD v. GREATER JOHNSTOWN AREA VOCATIONAL-TECHNICAL SCHOOL (02/14/80)

decided: February 14, 1980.

PENNSYLVANIA LABOR RELATIONS BOARD, APPELLANT
v.
GREATER JOHNSTOWN AREA VOCATIONAL-TECHNICAL SCHOOL, APPELLEE. PENNSYLVANIA LABOR RELATIONS BOARD V. GREATER JOHNSTOWN AREA VOCATIONAL-TECHNICAL SCHOOL. GREATER JOHNSTOWN AREA VOCATIONAL-TECHNICAL EDUCATION ASSOCIATION, APPELLANT



Appeals from the Order of the Court of Common Pleas of Cambria County in case of Pennsylvania Labor Relations Board v. Greater Johnstown Area Vocational-Technical School, No. 1977-568.

COUNSEL

Anthony E. Busillo, Assistant Attorney General, with him James L. Crawford, Donald A. Wallace and Mary Teresa Gavigan, Assistant Attorneys General, for appellant.

Marlin B. Stephens, for appellee.

William K. Eckel, for Greater Johnstown Education Association, appellee.

Judges Crumlish, Jr., Rogers and MacPhail, sitting as a panel of three. Opinion by Judge Crumlish, Jr. Judge DiSalle did not participate in the decision in this case.

Author: Crumlish

[ 49 Pa. Commw. Page 338]

The Pennsylvania Labor Relations Board and the Greater Johnstown Area Vocational-Technical Education Association appeal from the decision of the Cambria County Common Pleas Court which modified in relevant part an order of the Board which held that the Greater Johnstown Area Vocational-Technical School committed an unfair practice under Section

[ 49 Pa. Commw. Page 3391201]

of the Public Employe Relations Act, Act of July 23, 1970, P.L. 563, as amended, 43 P.S. ยง 1101.1201 (PERA), by failing to submit to binding arbitration.

Did the court below err in refusing to compel the School to submit to arbitration certain teacher grievances alleging they were denied professional advantage without "just cause" as a result of the School decision to eliminate certain courses which they taught? We affirm the Cambria County Court.

The narrow issue is whether it can be said with positive assurance that the dispute in question does not arguably involve an interpretation of the provisions of the collective bargaining agreement. North Star School District v. Pennsylvania Labor Relations Board, 35 Pa. Commonwealth Ct. 429, 433-34, 386 A.2d 1059, 1061 (1978).

The agreement ...


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