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CHESTER-UPLAND SCHOOL DISTRICT v. COMMONWEALTH PENNSYLVANIA (10/26/87)

decided: October 26, 1987.

CHESTER-UPLAND SCHOOL DISTRICT
v.
COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA LABOR RELATIONS BOARD AND CHESTER-UPLAND EDUCATION ASSOCIATION. CHESTER-UPLAND EDUCATION ASSOCIATION, APPELLANT. COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA LABOR RELATIONS BOARD, APPELLANT V. CHESTER-UPLAND SCHOOL DISTRICT, APPELLEE



Appeals from the Order of the Court of Common Pleas of Delaware County, in case of Chester-Upland School District v. Pennsylvania Labor Relations Board, No. 85-9197.

COUNSEL

Leonard V. Tenaglia, with him, Thomas P. Hamilton, Jr., Richard, DiSanti, Hamilton, Gallagher & Paul, for appellant/appellee, Chester-Upland Education Association.

James L. Crawford, with him, John B. Neurohr, for appellant/appellee, Pennsylvania Labor Relations Board.

Leo A. Hackett, with him, Kathryn Speaker MacNett, Fronefield & deFuria, for appellee, Chester-Upland School District.

Judges Colins and Palladino, and Senior Judge Kalish, sitting as a panel of three. Opinion by Judge Colins.

Author: Colins

[ 110 Pa. Commw. Page 440]

Appellants, Chester-Upland Education Association (Association) and the Pennsylvania Labor Relations

[ 110 Pa. Commw. Page 441]

Board (Board) appeal from an order of the Court of Common Pleas of Delaware County which reversed the Board's decision to include Licensed Practical Nurse Program Instructors (Instructors) within the professional bargaining unit previously certified. For the reasons stated herein, we reverse.

The Chester-Upland School District (School District) filed a Petition for Unit Clarification with the Board, requesting that the Instructors be excluded from a unit of professional employees which the Board previously certified.*fn1 The School District was informed that its student-teacher ratio in the program did not meet requirements established by the State Board. The School District was made aware that its inability to meet the required ratio was due to the fact that the salaries offered were not competitive. Consequently, the School District filed the instant unit clarification petition to exclude the Instructors from the bargaining unit in order to offer them more competitive salaries.

The Board issued a final order affirming the hearing examiner's conclusions that the Instructors shared an identifiable community of interest with the other professional employees.

The Court of Common Pleas determined that the Board erred in finding a community of interest between the registered nurse instructors and the classroom teachers, asserting that the ...


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