Appeal from the Order of the Pennsylvania Labor Relations Board in case of Pennsylvania Labor Relations Board v. Commonwealth of Pennsylvania, Department of Education, Case No. PERA-C-80-89-C.
Frank A. Fisher, Jr., Assistant Counsel, with him, John D. Raup, Chief Counsel, for petitioner.
Katheryn Speaker MacMett, with her, James L. Crawford and Anthony C. Busillo, II, for respondent.
James L. Cowden, Handler and Gerber, P.C., for intervenor.
President Judge Crumlish, Jr. and Judges Williams, Jr. and Doyle, sitting as a panel of three. President Judge Crumlish, Jr. and Judges Rogers, Williams, Jr., Craig, MacPhail, Doyle and Barry. Opinion by President Judge Crumlish, Jr.
[ 82 Pa. Commw. Page 332]
The Commonwealth appeals a Pennsylvania Labor Relations Board order finding that Edinboro State College had committed an unfair labor practice in violation of Section 1201(a)(1) of the Public Employee Relations Act (PERA).*fn1 This Court vacated the Board's order and remanded the case.*fn2 We granted and heard reargument and now affirm.
Edinboro State College unilaterally changed the manner of assignment of summer employment for its faculty members in spite of the collective bargaining agreement's Article XX-F, which provides:
During the term of this Agreement assignments shall be made and compensation shall be paid in the same manner as has been the practice prior to the execution of this Agreement, unless changed by mutual agreement.
The Association of Pennsylvania State College and University Faculties filed an unfair practices charge with the Board and the Board determined that the change constituted an unfair labor practice violating Section 1201(a) of PERA.
The Commonwealth now argues that the Board erred in finding that it had breached its bargaining obligation, asserting that it was excused from collectively bargaining over the terms of summer employment by Article XXXV of the collective bargaining agreement, here denominated as a "waiver" or "zipper" clause. That article provides:
The parties acknowledge that this Agreement represents the results of ...