Central Dauphin Education Ass'n v. Central Dauphin School District

60 Pa. D. & C.4th 300, 2001 Pa. Dist. & Cnty. Dec. LEXIS 327
CourtPennsylvania Court of Common Pleas, Dauphin County
DecidedMarch 30, 2001
Docketno. 5764 equity 2001
StatusPublished
Cited by1 cases

This text of 60 Pa. D. & C.4th 300 (Central Dauphin Education Ass'n v. Central Dauphin School District) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Dauphin County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Central Dauphin Education Ass'n v. Central Dauphin School District, 60 Pa. D. & C.4th 300, 2001 Pa. Dist. & Cnty. Dec. LEXIS 327 (Pa. Super. Ct. 2001).

Opinion

CLARK JR., J.,

The underlying cause of this action was the inability of the Central Dauphin Education Association and the Central Dauphin School District to reach a new negotiated collective bargaining agreement regarding the terms and conditions [302]*302of employment for the school teachers who make up the association, and who are employed by the school district. The prior agreement covered a four-year period that began on July 1, 1996, and expired on June 30, 2000.

Throughout the past several decades, agreements negotiated between the association and the school district have been guided by the provisions of the Public Employee Relations Act (also commonly referred to as PERA, or Act 195 of 1970), 43 P.S. §1101.101 et seq., and the Public School Code, 24 P.S. §11-1101 et seq. In July of 1992, the Pennsylvania Legislature enacted article XI-A of the Public School Code (commonly referred to as Act 88 of 1992). The Act 88 provisions have, since their passage, been utilized in the collective bargaining negotiations involving teachers and their employing school districts. Act 88 was not, however, intended to completely replace PERA. In fact, the Pennsylvania Legislature stated that PERA “is to be read in pari materia with the addition of article XI-A of the Act, but is repealed insofar as it is clearly inconsistent with the addition of article XI-A of the Act.” (Section 6 of Act 1992, July 9, P.L. 403, no. 88).

In anticipation of the expiration of the 1996-2000 agreement on June 30,2000, and pursuant to these legislative acts, a state mediator appears to have been assigned to assist the parties in their collective bargaining efforts in January 2000. After mediated negotiations failed to produce a new agreement, the dispute was presented to a fact-finder in August 2000. The fact-finder issued a report in September 2000, but its terms were deemed unacceptable by both the association and the school district.

[303]*303Mediated negotiations continued through the end of January 2001, but a new negotiated agreement was not obtained. Throughout these negotiations, and following the expiration of the 1996-2000 agreement on June 30, 2000, the members of the association continued to work under the terms of that expired agreement. The association commenced a lawful strike on February 1, 2001, which continued through February 21, 2001. The students of the Central Dauphin School District did not attend classes during this time period, inasmuch as the school district cancelled classes during the strike.

As a result of the failed negotiations, and due to the statutes which require that students be provided with 180 days of schooling by June 301 within a school calendar year, the board of school directors of the school district met on February 5,2001, and adopted a resolution which purported to unilaterally impose upon the members of the association the terms and conditions of a new labor contract (imposed agreement).2 On February 16, 2001, [304]*304the association filed a complaint in equity and a petition for preliminary injunction which requested that this court enjoin the school district from implementing the terms and conditions of the imposed agreement. Following a hearing on the matters before this court on February 21, 2001, an order was entered which stated:

“(1) That the association members shall return to work on Thursday, February 22, 2001;
“(2) The school district shall provide work to the association members under the same terms and conditions as provided under the collective bargaining agreement which expired on June 30, 2000;
“(3) That the association is hereby ordered to post a bond in the amount of $5,000 before 12 p.m. on February 22,2001, naming the Commonwealth as the obligee and conditioned according to the provisions of Pa.R.C.P., Rule 1531(b)(1).
“(4) Matters concerning any possible unfair practices by the school district are hereby transferred directly to the Pennsylvania Labor Relations Board pursuant to the Pennsylvania Rules of Civil Procedure, for further action and final determination as that board deems appropriate.
“(5) The prothonotary shall certify a photocopy of the docket entries of the above matter and the record to the secretary of the Pennsylvania Labor Relations Board, and upon receipt of said documents, the secretary of the Penn[305]*305sylvania Labor Relations Board shall consider them to be the equivalent of a regularly filed unfair practices complaint.
“The filing of any appeal of this order shall not act as an automatic stay or supersedeas pursuant to Pa.R.A.R, Rule 1736, without an order from a court of superior jurisdiction.” Order of the Court of Common Pleas, Dauphin County, Pennsylvania, February 21, 2001.

The school district filed an appeal with the Commonwealth Court of Pennsylvania on February 22,2001. This court directed the school district to file a statement of matters complained of on appeal, pursuant to Pa.R.A.P. 1925(b), on February 27,2001. The school district’s statement of matters complained of raised the following issues:

“(1) The court lacked subject matter jurisdiction.
“(2) Petitioners failed to establish the factors requisite for an injunction.
“(3) There is no reasonable basis for the court’s order.
“(4) The court’s finding that a ‘lockout’ had occurred is contrary to the definition of ‘lockout’ in the Public School Code and is in error.
“(5) Petitioners came before the court with ‘unclean hands,’ in that they were threatening defiance of the statutory deadline for ending their strike and the immediacy of harm was created by them.
“(6) The Pennsylvania Labor Relations Board had exclusive jurisdiction over the matters complained of.
“(7) Petitioners had an adequate remedy at law in that they could have pursued their complaint before the Pennsylvania Labor Relations Board.
[306]*306“(8) Petitioners lacked standing to seek the relief they obtained.
“(9) There was no irreparable harm to petitioners.
“(10) Petitioners had no clear right to relief.
“(11) Transfer of the complaint to the Pennsylvania Labor Relations Board was improper when petitioners did not request such a transfer and when petitioners expressly objected to the jurisdiction of the Pennsylvania Labor Relations Board.
“(12) The court lacked authority to issue its order under Pa.R.A.P. 1925, because it had already issued an opinion.
“(13) The provision of the order protecting itself from automatic supersedeas was in error and ineffective.” Respondents’ statement of matters complained of on appeal, March 14, 2001.

The association filed a brief in reply to respondents’ statement of matters complained of on appeal on March 21, 2001, and also filed a supplemental brief in reply to respondents’ statement of matters complained of on appeal on March 23, 2001.3

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60 Pa. D. & C.4th 300, 2001 Pa. Dist. & Cnty. Dec. LEXIS 327, Counsel Stack Legal Research, https://law.counselstack.com/opinion/central-dauphin-education-assn-v-central-dauphin-school-district-pactcompldauphi-2001.