Bristol Township Education Ass'n v. School District

322 A.2d 767, 14 Pa. Commw. 463, 87 L.R.R.M. (BNA) 2018, 1974 Pa. Commw. LEXIS 848
CourtCommonwealth Court of Pennsylvania
DecidedJuly 23, 1974
DocketAppeal, No. 1446 C.D. 1973
StatusPublished
Cited by24 cases

This text of 322 A.2d 767 (Bristol Township Education Ass'n v. School District) is published on Counsel Stack Legal Research, covering Commonwealth Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bristol Township Education Ass'n v. School District, 322 A.2d 767, 14 Pa. Commw. 463, 87 L.R.R.M. (BNA) 2018, 1974 Pa. Commw. LEXIS 848 (Pa. Ct. App. 1974).

Opinions

Opinion by

Judge Blatt,

The Bristol Township Education Association (appellant) has appealed from the issuance of an injunction pursuant to Section 1003 of the Public Employe Relations Act, Act of July 23, 1970, P. L. 563, 43 P.S. §1101. 1003 (PERA) enjoining the appellant from any further strike or work stoppage against the School District of Bristol Township (appellee).

Without reciting the entire procedural history of this case, we will merely note that its major procedural complexities have been previously argued before this Court and that orders have already been issued denying a motion to quash and declaring that this appeal did in itself not operate as a supersedeas without an approved security.

The case is before us now on its merits, and our scope of review is limited to determining whether or not apparently reasonable grounds existed for the equitable relief ordered by the lower court and, unless it is plain that no such grounds existed or that the rules of law relied on were palpably wrong or clearly inapplicable, we must affirm. Armstrong School District v. Armstrong Education Association, 5 Pa. Commonwealth Ct. 378, 291 A. 2d 120 (1972) (Armstrong I).

We find that the injunction was properly issued.

The language of Section 1003 of the PERA, 43 P.S. §1101.1003, provides: “If a strike by public employes [467]*467occurs after the collective bargaining processes set forth in sections 801 and 802 of Article VIII of this act have been completely utilized and exhausted, it shall not be prohibited unless or until such a strike creates a clear and present danger or threat to the health, safety or welfare of the public. In such cases the public employer shall initiate, in the court of common pleas of the jurisdiction where such strike occurs, an action for equitable relief including but not limited to appropriate injunctions and shall be entitled to such relief if the court finds that the strike creates a clear and present danger or threat to the health, safety or welfare of the public.” (Emphasis added.)

The body of law which has been developed in this area requires adherence to several basic principles: (1) teachers shall not be prohibited from striking if an impasse occurs after the statutory negotiation and mediation procedures have been completed; (2) equitable relief may be employed to halt a lawful strike only if the strike creates a clear and present danger or threat to the health, safety or welfare of the public; (3) this clear and present danger test does not contemplate a consideration of those effects which are normally incident to a strike unless such matters accumulate to such an extent, be continued so long or be aggravated by some unexpected development so that the public health, safety and welfare would in fact then be endangered. Armstrong I, supra; and (4) the possibility of dangerous effects of the strike may be considered in assessing its impact. Bellefonte Area School Board v. The Bellefonte Education Association, 9 Pa. Commonwealth Ct. 210, 304 A. 2d 922 (1973).

Although the above criteria should be strictly applied, we may not apply such criteria directly to the testimony as a whole, but only to the findings of the Chancellor, if such findings are supported by sufficient evidence. Even if, in our view, a preponderance of tes[468]*468timony should exist against a finding or a reasonable inference by the Chancellor, we must not overturn his findings or inferences if there is any testimony which, if believed, will warrant them. Ross v. Philadelphia Federation of Teachers, 8 Pa. Commonwealth Ct. 204, 301 A. 2d 405 (1973).

The Chancellor found that the following facts justified the issuance of the injunction: (1) many of the students, who comprise approximately 20% of the Township population, are being denied complete educational programs; (2) working mothers, who may have school-age children, are injuriously affected by the strike; (3) 26 student days have been lost because of the strike and only 23 possible make-up instructional student days remain before the end of the fiscal year on June 30, 1974; (4) “[a] partial loss of state reimbursement — a substantial sum ... is suffered by a district for failure to comply with state requirements”;1 (5) cafeteria workers and bus drivers have lost wages; (6) special education and training programs for most of the mentally retarded, brain injured and socially and emotionally disturbed students are not being conducted; (7) there is a likelihood that the nonattendance of college-bound high school seniors will work to their disadvantage in College admission; (8) county services are unavailable for students with hearing, vision or speech disabilities; and (9) extra-curricular activities are not in operation.

In addition, the Chancellor found further justification for his injunction in that the following community programs have been inoperative because of the strike; (10) driver education; (11) a community swim pro[469]*469gram which involves life-saving courses and rescue squad practice; (12) adult education for basic subjects and citizenship training, high school instruction and enrichment education; (13) a cooperative work experience program; (14) the only driver improvement program in the lower Bucks County (for retention of operating privileges upon accumulation of points); (15) federally funded “Itinerant teachers” programs; (16) social worker programs; and (17) free lunch programs.

The testimony presented by the appellee, although it was disputed and at times contradicted by the appellant, substantially supports these findings and was apparently believed by the Chancellor. We are, therefore, bound by these facts. We must further consider, however, if such facts would support the issuance of an injunction.

As to the potential loss of state subsidies because of the failure of the schools to operate for the required time, this is, of course, an important factor to be considered in the overall assessment of the effects of such a strike. In Root v. Northern Cambria School District, 10 Pa. Commonwealth Ct. 174, 181, 309 A. 2d 175, 178 (1974), we said, “[t]he loss of any money needed to support the schools, especially those closed by labor troubles, is clearly a threat to the general welfare and, as Armstrong suggests, could compel injunctive relief.” (Emphasis added.) This does not mean, of course, that the Legislature intended to put a limit on the number of days that a strike might last. Nor does it mean that the mere loss or threatened loss of subsidies is alone sufficient to warrant the enjoining of the strike. It is also necessary to establish that the loss of such subsidies would present a danger or threat to the health, safety or welfare of the public. Here the Chancellor specifically found, on the basis of sufficient evidence, that the appellee would be unable to make up all the days lost by the strike and that a continuation of the strike would [470]*470further aggravate the situation. The subsidy could be lost for the days not made up and there was evidence offered as to the effect of such a possibility. The Chancellor weighed this evidence, as was his responsibility, and determined that the threatened loss of the subsidies would constitute a danger which required that the strike be enjoined. We cannot hold that he erred in so finding.

As to the other findings made by the Chancellor, we cannot hold that any of them taken alone or considered together would

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322 A.2d 767, 14 Pa. Commw. 463, 87 L.R.R.M. (BNA) 2018, 1974 Pa. Commw. LEXIS 848, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bristol-township-education-assn-v-school-district-pacommwct-1974.