Abington Heights SD v. PLRB Pet of: AH Educ Assoc

• Court: Supreme Court of Pennsylvania
• Decided: October 27, 2022
• Docket: 126 MAL 2022 (Granted)
• Status: Published

Opinion

IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT

ABINGTON HEIGHTS SCHOOL DISTRICT : No. 126 MAL 2022 : : v. : Petition for Allowance of Appeal : from the Order of the : Commonwealth Court PENNSYLVANIA LABOR RELATIONS : BOARD : : : PETITION OF: ABINGTON HEIGHTS : EDUCATION ASSOCIATION :

ORDER

PER CURIAM

AND NOW, this 27th day of October, 2022, the Petition for Allowance of Appeal is

GRANTED. The issues, as stated by Petitioner, are:

(1) Whether the Commonwealth Court’s construction of Section 15-1525 of the School Code conflicts with both the plain statutory language and the Department of Education’s interpretation of the law?

(2) Whether the Commonwealth Court’s decision conflicts with decisions of this honorable Court and the Commonwealth Court regarding the interplay of between Sections 701, 702 and 703 of Act 195 and the employer’s obligation to collectively bargain prior to diverting bargaining unit work?

(3) Whether the Commonwealth Court’s decision grossly departs from accepted judicial practices and conflicts with decisions of this honorable Court and the Commonwealth Court that apply deference to the decisions of the Pennsylvania Labor Relations Board?

Additionally, the parties are directed to provide briefing on the effect that the recent amendments to 24 P.S. § 15-1525, see Act of July 8, 2022, P.L. 620, No. 55, have on the above issues.