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MARS AREA ASSOCIATION SCHOOL SERVICE PERSONNEL v. COMMONWEALTH PENNSYLVANIA (12/30/87)

decided: December 30, 1987.

MARS AREA ASSOCIATION OF SCHOOL SERVICE PERSONNEL, PSSPA/PSEA, APPELLANT
v.
COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA LABOR RELATIONS BOARD, APPELLEE



Appeal from the Order of the Court of Common Pleas of Butler County, in case of Mars Area Association of School Service Personnel, PSSPA/PSEA v. Pennsylvania Labor Relations Board, No. 85-320, Book 126, Page 277.

COUNSEL

William J. Maikovich, for appellant.

John B. Neurohr, with him, James L. Crawford, for appellee.

Charles E. Steele, with him, Stephen H. Kaufman, Kirkpatrick & Lockhart, for amicus curiae, Mars Area School District.

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

Author: Colins

[ 114 Pa. Commw. Page 153]

Appellants, Mars Area Association of School Service Personnel (Association) appeals from an order of the Court of Common Pleas of Butler County which affirmed the Pennsylvania Labor Relations Board's (Board) decision that the Mars Area School District (District) bargained in good faith with the Association pursuant to the provisions of the Public Employe Relations Act (Act), Act of July 23, 1970, P.L. 563, as amended, 43 P.S. ยงยง 1101.101-1101.2301.

The Association filed a charge of unfair practices with the Board alleging that the District did not bargain in good faith with the Association prior to subcontracting its transportation services. The facts of this case, which are not in dispute, are as follows:

The Association is the certified bargaining representative of the non-professional employees of the School District. These employees include the School District's transportation employees. The District and the Association

[ 114 Pa. Commw. Page 154]

    were parties to a collective bargaining agreement covering these employees. The agreement had an expiration date of June 30, 1984.

The parties met on February 8, 1984, for the first time to negotiate a successor collective bargaining agreement. In February, 1984, the District's Board of Directors instructed its chief negotiator to investigate whether or not it could save money by subcontracting its transportation services.

During a February 28, 1984, meeting between the parties, the District formally notified the Association that it was contemplating subcontracting its transportation services and agreed to provide the Association with specifications and other pertinent information regarding the subcontracting issue. The District also informed the Association of its desire to receive and consider ...


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