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DR. LUTHER BURSE AND DR. ARTHUR T. DEGENARO AND OTHERS SIMILARLY SITUATED v. COMMONWEALTH PENNSYLVANIA (02/11/81)

decided: February 11, 1981.

DR. LUTHER BURSE AND DR. ARTHUR T. DEGENARO AND OTHERS SIMILARLY SITUATED, PETITIONERS
v.
COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA LABOR RELATIONS BOARD, RESPONDENT



Appeal from the Order of the Pennsylvania Labor Relations Board in the cases of Pennsylvania Labor Relations Board v. Commonwealth of Pennsylvania, No. PERA-C-10,479-C and Pennsylvania Labor Relations Board v. Association of State College and University Faculties, No. PERA-C-10,480-C.

COUNSEL

Richard Kirschner, with him Deborah R. Willig, Kirschner, Walters & Willig, for petitioners.

Cheryl G. Young, with her James L. Crawford, Anthony G. Busillo, and Mary Teresa Gavigan, Assistant Attorneys General, for respondent.

Jerome H. Gerber, with him James L. Cowden, Handler and Gerber, P.C., for intervenor, Association of Pennsylvania State College and University Faculties.

President Judge Crumlish and Judges MacPhail and Williams, Jr., sitting as a panel of three. Opinion by President Judge Crumlish.

Author: Crumlish

[ 56 Pa. Commw. Page 556]

This is an appeal from a final order of the Pennsylvania Labor Relations Board (Board) dismissing Petitioners'*fn1 unfair labor practice charges. We affirm.

On October 2, 1974, the Association of Pennsylvania State College and University Faculties (APSCUF) and the Commonwealth entered into a collective bargaining agreement (Agreement), to terminate August 31, 1977, which required all APSCUF

[ 56 Pa. Commw. Page 557]

    members to maintain their union membership during the term of the Agreement,*fn2 but permitted membership resignations during a fifteen-day period immediately prior to the contract's expiration. The Agreement also authorized the Commonwealth, as employer, to deduct union dues from the salary of those faculty members who gave written authorization,*fn3 provided it was irrevocable outside the fifteen-day period.

During 1977, the College and University Faculty Association (CUFA), an affiliate of the Pennsylvania State Education Association (PSEA), began a campaign to supplant APSCUF as the collective bargaining agent for the state college and university faculty membership. Consequently, some petitioners resigned their membership while others resigned from the union and revoked their dues deduction authorizations during the last fifteen days of August, 1977.*fn4

Since APSCUF and the Commonwealth had extended the terms of their 1974 contract until June 30, 1979, APSCUF contended there was no resignation/revocation period in 1977 and proceeded to arbitration with the Commonwealth under ...


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