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DARLENE K. THOMAS v. APSCUF (01/04/85)

decided: January 4, 1985.

DARLENE K. THOMAS, PETITIONER
v.
APSCUF, AND COMMONWEALTH OF PENNSYLVANIA (LOCK HAVEN UNIVERSITY) AND COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA LABOR RELATIONS BOARD, RESPONDENTS



Appeal from the Order of the Pennsylvania Labor Relations Board in the case of Darlene K. Thomas v. APSCUF, Commonwealth of Pennsylvania (Lock Haven University), and the Pennsylvania Labor Relations Board, Case No. PERA-C-82-248-E, dated January 26, 1984.

COUNSEL

Darlene K. Thomas, petitioner, for herself.

Elliot A. Strokoff, Handler and Gerber, P.C., for respondent, APSCUF.

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

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

Judges Rogers, Doyle and Colins, sitting as a panel of three. Opinion by Judge Doyle.

Author: Doyle

[ 101 Pa. Commw. Page 175]

Darlene K. Thomas (Petitioner) appeals from an order of the Pennsylvania Labor Relations Board (Board) which dismissed her charge of unfair practices as untimely filed.

Petitioner was employed as a professor of anthropology at Lock Haven State College (College). On September 4, 1980, the College dismissed Petitioner after she refused to teach an additional course in basic anthropology as assigned. Petitioner filed a grievance through her bargaining unit, the Association of Pennsylvania State College and University Faculties (APSCUF). After an arbitration hearing attended by Petitioner on October 27, 1981, the arbitrator dismissed the grievance, concluding that Petitioner's refusal to teach the course assignment constituted just cause for her termination.

On April 26, 1982, Petitioner filed a charge of unfair practices with the Board, alleging that her termination was the result of collusion between the College and

[ 101 Pa. Commw. Page 176]

    three local APSCUF members. Both the Commonwealth and APSCUF filed motions to dismiss, alleging that the charge was not timely filed. Hearings were held on October 4, 1982, and on January 4, 1983. At the January 4 hearing, the hearing examiner granted a motion to bifurcate the trial, and consider only the issue of timeliness. After receiving testimony limited to this issue, the hearing examiner dismissed the charge as untimely filed, and did not reach the merits of the case. Petitioner's exceptions to the ...


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