Appeals from the Order of the Court of Common Pleas of Franklin County in case of Pennsylvania Labor Relations Board v. Chambersburg Area School District, No. A.D. 1979-83.
Alaine S. Williams, with her, Theodore M. Lieverman, Kirschner, Walters & Willig, for appellant, American Federation of State, County and Municipal Employees, District Council 89, AFL-CIO.
James L. Crawford, with him, Anthony C. Busillo, II, for appellant, Pennsylvania Labor Relations Board.
Jan G. Sulcove, Black and Davison, for appellee.
Judges Blatt, Williams, Jr. and MacPhail, sitting as a panel of three. Opinion by Judge MacPhail. Judge Williams, Jr. dissents.
This is a consolidated appeal by the American Federation of State, County and Municipal Employees, AFL-CIO (AFSCME) and the Pennsylvania Labor Relations Board (Board) from an order of the Court of Common Pleas of Franklin County which reversed the Board's determination that the Chambersburg Area School District (School District) committed an unfair labor practice, as defined by Section 1201(a)(5) of the Public Employe Relations Act (Act 195),*fn1
by unilaterally invoking a ban on smoking in School District buildings.
On September 8, 1976 the School District adopted a policy to ban all smoking in public school buildings, effective November 1, 1976. The policy applies to all School District employees and provides for disciplinary action for violations thereof. It is undisputed that the School District did not offer to negotiate with AFSCME relative to the no smoking policy prior to its adoption. AFSCME, as exclusive collective bargaining representative for the unit of custodial personnel employed by the School District, filed a charge of unfair practices with the Board on October 28, 1976 alleging a refusal to bargain in good faith.*fn2 Based on evidence adduced at two hearings the Board issued a nisi decision and order concluding that the School District had committed an unfair labor practice and that the matter of a smoking policy constitutes a mandatory subject of bargaining under Section 701 of Act 195, 43 P.S. § 1101.701. The School District filed exceptions to the Board's ruling which were dismissed and the nisi order was made final. The School District appealed the final order to the Court of Common Pleas of Franklin County which reversed the Board finding that: 1) the smoking prohibition is a matter of inherent managerial policy and is therefore excluded from the scope of mandatory bargaining by force of Section 702 of Act 195, 43 P.S. § 1101.702, and 2) by virtue of a "finality" clause contained in the collective bargaining agreement signed by AFSCME
and the School District on December 9, 1976, AFSCME waived its right to bargain relative to the smoking policy. The instant appeals followed.
Our review in a case of this nature is limited to a determination of whether or not the findings of the Board are supported by substantial and legally credible evidence and whether or not the conclusions based thereon are reasonable and not capricious, arbitrary or illegal. Pennsylvania Labor Relations Board v. ...