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WILKES-BARRE AREA EDUCATION ASSOCIATION v. WILKES-BARRE AREA SCHOOL DISTRICT LUZERNE COUNTY (04/06/87)

decided: April 6, 1987.

WILKES-BARRE AREA EDUCATION ASSOCIATION, AN UNINCORPORATED ASSOCIATION, ET AL., APPELLANTS
v.
WILKES-BARRE AREA SCHOOL DISTRICT OF LUZERNE COUNTY, PENNSYLVANIA, APPELLEE



Appeal from the Order of the Court of Common Pleas of Luzerne County, in case of Wilkes-Barre Area School District of Luzerne County, Pennsylvania v. Wilkes-Barre Area Education Association, an unincorporated association, et al., No. 131-E of 1984, and in case of Wilkes-Barre Area Education Association, an unincorporated association, et al. v. Wilkes-Barre Area School District of Luzerne County, Pennsylvania, No. 132-E of 1984.

COUNSEL

John G. Whelley, Jr., with him, Robert D. Schaub, Rosenn, Jenkins & Greenwald, for appellants.

Charles N. Sweet, with him, Paul L. Stevens, Curtin and Heefner, and Anthony J. Lupas, for appellee.

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

Author: Barry

[ 105 Pa. Commw. Page 166]

The Wilkes-Barre Area Education Association (Association) appeals the issuance of an injunction by the

[ 105 Pa. Commw. Page 167]

Court of Common Pleas of Luzerne County prohibiting further selective strikes against the Wilkes-Barre Area School District (District).

The collective bargaining agreement between the Association and the District expired on August 31, 1984. After several attempts to reach a new agreement failed, a series of selective strikes were called by the Association. The parties agree that the strikes in question involved the following dates and times:

November 1, 1984 -- all day;

November 19, 1984 -- two hours at the beginning of the day;

November 21, 1984 -- thirty minutes at the beginning of the day;

December 4, 1984 -- ten minutes in the afternoon at the end of the school day;

December 5, 1984 -- ten minutes at the beginning of the day;

December 13, 1984 -- ten minutes at the beginning of the day;

December 17, 1984 -- five minutes at the beginning of the day.

The court found that the Association notified the District of all the strikes, except the first one, by 8:00 p.m. on the evening prior to each strike. On November 20, 1984, the School Board adopted a resolution stating that any partial or selective strike would be considered a full strike and would result in the closing of all schools for the entire day. This did, in fact, result in the closing of all district schools on November 21, December 5, 13 and 17. Schools remained open on November 19 (the day before the resolution was passed) and on December 4 when a ten minute strike took place at the end of the school ...


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