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DARLENE K. THOMAS v. COMMONWEALTH PENNSYLVANIA (10/24/84)

decided: October 24, 1984.

DARLENE K. THOMAS, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA LABOR RELATIONS BOARD ET AL., RESPONDENTS



Appeal from the Order of the Pennsylvania Labor Relations Board in the case of Pennsylvania Labor Relations Board v. Commonwealth of Pennsylvania, Department of Education, No. PERA-C-82-257-E.

COUNSEL

Richard Kirschner, with him, Darlene K. Thomas, for petitioner.

Kathryn Speaker MacNett, with her, James L. Crawford, for respondent, Pennsylvania Labor Relations Board.

Nathan C. Pringle, Jr., Assistant Counsel, with him, John D. Raup, Chief Counsel, for respondent, Commonwealth of Pennsylvania.

Judges Williams, Jr., Barry and Blatt, sitting as a panel of three. Opinion by Judge Williams, Jr.

Author: Williams

[ 85 Pa. Commw. Page 568]

Dr. Darlene K. Thomas (complainant) petitions for review of a Final Order of the Pennsylvania Labor Relations Board (Board) which dismissed her exceptions to the Proposed Decision and Order of the Hearing Examiner which dismissed her unfair labor practices

[ 85 Pa. Commw. Page 569]

    charge against Lock Haven State College (employer) as being untimely filed in violation of Section 1505 of the Public Employe Relations Act.*fn1

This complainant, an Associate Professor of Anthropology at the college for approximately ten years, was dismissed from the faculty on September 4, 1980 for refusing to teach an assigned course. She filed the unfair labor practice charge from which this case arises on April 26, 1982. On review, she contends that the statute of limitations of Section 1505 was tolled by her discovery of new evidence relating to her dismissal. She relies on an excerpt from a newspaper article published on March 19, 1982 concerning academic standards at the college*fn2 and upon information

[ 85 Pa. Commw. Page 570]

    which she received on December 21, 1982 concerning alleged disparate treatment of another professor. She also contends that she was prejudiced by the bifurcation of her hearing by the Hearing Examiner.

In reviewing a decision by the board, our scope of review is limited to determining whether the findings of fact are supported by substantial evidence and whether the conclusions drawn from those findings are reasonable and not arbitrary, capricious or incorrect as a matter of law. Joint Bargaining Committee of the Pennsylvania Social Services ...


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