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JERSEY SHORE EDUCATION ASSOCIATION v. JERSEY SHORE AREA SCHOOL DISTRICT (07/23/86)

decided: July 23, 1986.

JERSEY SHORE EDUCATION ASSOCIATION, PENNSYLVANIA STATE EDUCATION ASSOCIATION AND ALL CLASSROOM TEACHERS AND PROFESSIONAL PERSONNEL EMPLOYED BY THE JERSEY SHORE AREA SCHOOL DISTRICT WHO ARE MEMBERS OF THE PENNSYLVANIA STATE EDUCATION ASSOCIATION AND/OR THE JERSEY SHORE EDUCATION ASSOCIATION, APPELLANTS
v.
THE JERSEY SHORE AREA SCHOOL DISTRICT, APPELLEES



Appeal from the Order of the Court of Common Pleas of Lycoming County in the case of Jersey Shore School District v. Jersey Shore Education Association, No. 84-01972.

COUNSEL

William A. Hebe, Spencer, Gleason & Hebe, for appellants.

Paul W. Reeder, McCormick, Reeder, Nichols, Sarno, Bahl & Knecht, for appellees.

President Judge Crumlish, Jr., and Judges Craig, MacPhail, Doyle, Barry, Colins and Palladino. Opinion by Judge Palladino. Dissenting Opinion by Judge Craig. President Judge Crumlish and Judge Doyle join this dissent. Dissenting Opinion by Judge Doyle. Judge Craig joins in this dissent.

Author: Palladino

[ 99 Pa. Commw. Page 165]

This is an appeal by the Jersey Shore Education Association*fn1 (Association) from an order of the Court of Common Pleas of Lycoming County (trial court) which enjoined the Association from continuing to engage in a strike against the Jersey Shore Area School District (District). We affirm.

On June 30, 1984, the collective bargaining agreement which had previously existed between the Association and the District expired. The Association and the District commenced negotiations for a new agreement, in accordance with the provisions of the Public Employee Relations Act, Act of July 23, 1970, P.L. 563, as amended, 43 P.S. ยงยง 1101.101-1101.2301 (PERA), but were unsuccessful in achieving a new contract before the commencement of the 1984-85 school year. The teachers reported to work on September 5, 1984, the first day of the school year, and went out on strike on September 10, 1984.

On October 8, 1984, the District filed a complaint in equity seeking to enjoin the strike and the trial court held a hearing on October 10, 1984. At the conclusion of the hearing, the trial court announced its decision to enjoin the strike effective October 15, 1984. The Association then advised the trial court that its members would be willing to return to work on October 11, 1984. Based upon this offer by the Association, the trial court modified its order and enjoined the strike effective October 11, 1984. On October 23, 1984, after a rehearing, the trial court denied Appellant's request for reconsideration.

[ 99 Pa. Commw. Page 166]

In support of its order, the trial court filed an opinion which contained findings of fact, including the following:

7. The District is required by law and regulation to provide a minimum of 180 days of instruction for its Students, which must be completed on or before June 28, 1985.

8. In order for the District to provide 180 days of instruction on or before June 28, 1985, instruction must resume no later than October 17, 1984.

9. The District's original calendar for the 1984-85 school year listed the last day of instruction as June 6, 1985. The District's new proposed school calendar lists the first and last days of ...


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