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MINERSVILLE AREA SCHOOL DISTRICT v. COMMONWEALTH PENNSYLVANIA (05/22/84)

decided: May 22, 1984.

MINERSVILLE AREA SCHOOL DISTRICT, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA LABOR RELATIONS BOARD, RESPONDENT



Appeal from the Order of the Pennsylvania Labor Relations Board in case of Pennsylvania Labor Relations Board v. Minersville Area School District, Case No. PERA-C-82-460-E.

COUNSEL

Edward E. Kopko, Law Offices of James J. Curran, for petitioner.

Kathryn S. MacNett, with her, James L. Crawford and William J. Maikovich, for respondent.

Betty F. Perry, Killian & Gephart, for intervenor, Pennsylvania School Service Personnel Association.

Judges Rogers, Palladino and Barbieri, sitting as a panel of three. Opinion by Judge Barbieri.

Author: Barbieri

[ 82 Pa. Commw. Page 507]

The Minersville Area School District (District) appeals here from a decision of the Pennsylvania Labor Relations Board (Board) which concluded that the District had violated Sections 1201(a)(1) and 1201(a)(5)

[ 82 Pa. Commw. Page 508]

    of the Public Employe Relations Act (Act)*fn1 by failing to bargain in good faith over the issue of whether District cafeteria services should be performed by an independent contractor.*fn2 We affirm.

On appeal from a decision of the Board concerning an unfair labor practice, this Court's scope of review is limited to determining whether or not the Board's findings are supported by substantial evidence and whether the conclusions drawn therefrom are reasonable and not capricious, arbitrary or illegal. Amalgamated Transit Union, Division 85 Appeal, 61 Pa. Commonwealth Ct. 207, 433 A.2d 578 (1981). Additionally, "we remain mindful that the PLRB possesses administrative expertise in the area of public employee labor relations and that great deference ought to be given to the PLRB's assessment of the often competing concerns relevant to the issue of whether the conduct of an employer or a union constitutes a refusal to meet the mutual obligation to bargain in good faith." Richland School District v. Pennsylvania Labor Relations Board, 71 Pa. Commonwealth Ct. 45, 53-54, 454 A.2d 649, 652 (1983).

Before this Court, the District does not dispute the fact that it had an obligation to bargain in good faith over the issue of hiring an independent contractor to

[ 82 Pa. Commw. Page 509]

    provide cafeteria services. See Pennsylvania Labor Relations Board v. Mars Area School District, 480 Pa. 295, 389 A.2d 1073 (1978). Instead, the District alleges that the Board erred as a matter of law, by concluding, based ...


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