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ST. CLAIR AREA SCHOOL DISTRICT v. ST. CLAIR AREA EDUCATION ASSOCIATION AND PENNSYLVANIA LABOR RELATIONS BOARD (08/08/88)

decided: August 8, 1988.

ST. CLAIR AREA SCHOOL DISTRICT, APPELLANT
v.
ST. CLAIR AREA EDUCATION ASSOCIATION AND PENNSYLVANIA LABOR RELATIONS BOARD, APPELLEES



Appeal from the Order of the Court of Common Pleas of Schuylkill County, in the case of St. Clair Area Education Association and Pennsylvania Labor Relations Board v. St. Clair Area School District, No. S-967-1987.

COUNSEL

Stephen P. Ellwood, for appellant.

A. Martin Herring, for appellee, St. Clair Area Education Association.

James L. Crawford, Chief Counsel, for appellee, Pennsylvania Labor Relations Board.

Stephen S. Russell, for amicus curiae, Pennsylvania School Boards Association.

Judge Smith, and Senior Judges Kalish and Narick, sitting as a panel of three. Opinion by Senior Judge Kalish. Judge Smith dissents.

Author: Kalish

[ 123 Pa. Commw. Page 63]

The St. Clair Area School District (School District) appeals from an order of the Court of Common Pleas of Schuylkill County which affirmed a final order of the Pennsylvania Labor Relations Board (Board) holding that the School District had committed an unfair labor practice. We affirm.

The St. Clair Area Education Association (Teachers) and the School District were unable to agree to the terms of a new collective bargaining agreement after the expiration of a prior agreement on June 30, 1986. The Teachers went on strike from September 19, 1986 until September 26, 1986. They went on strike again on January 26, 1987. After the Teachers struck in January, the School District filed suit in the court of common pleas seeking injunctive relief to direct the Teachers back to work pending collective bargaining agreement negotiations.

The Teachers and the School District entered into a tentative agreement, at the courthouse, which was signed by the negotiating team of the Teachers and approved by its Association and by five of the nine members of the School District on January 29, 1987. On February 3,

[ 123 Pa. Commw. Page 641987]

, at a public School Board meeting, two members of the School District who had originally voted for the agreement now voted against acceptance, and one member was absent.

The Teachers then filed an unfair labor practice charge with the Board. The Board, after a hearing, voted in favor of the Teachers, holding that the School ...


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