Pennsylvania Labor Relations Board v. State College Area School District

306 A.2d 404, 9 Pa. Commw. 229, 83 L.R.R.M. (BNA) 3079, 1973 Pa. Commw. LEXIS 612
CourtCommonwealth Court of Pennsylvania
DecidedJune 6, 1973
DocketAppeals, Nos. 1162 and 1172 C.D. 1972
StatusPublished
Cited by41 cases

This text of 306 A.2d 404 (Pennsylvania Labor Relations Board v. State College Area 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
Pennsylvania Labor Relations Board v. State College Area School District, 306 A.2d 404, 9 Pa. Commw. 229, 83 L.R.R.M. (BNA) 3079, 1973 Pa. Commw. LEXIS 612 (Pa. Ct. App. 1973).

Opinions

Opinion by

Judge Mencer,

The State College Education Association (Teachers) and the Pennsylvania Labor Relations Board (Labor [232]*232Board) filed separate appeals from a final order of the Court of Common Pleas of Centre County, under date of November 7, 1972, affirming in part and reversing in part a final order of the Labor Board.

The teachers, on February 26, 1971, filed a charge of unfair labor practices with the Labor Board and against the State College Area School District (School Board). It was alleged by the Teachers that the School Board had engaged in unfair labor practices contrary to the provisions of Section 1201, subsection (a), clause (5) of Article XII of the Act of July 23, 1970, P. L. 563, 43 P.S. §1101.1201 (a) (5) (Act 195). These provisions prohibit public employers, their agents or representatives from refusing to bargain collectively in good faith with an employe representative which is the exclusive representative of employes in an appropriate unit, including but not limited to the discussing of grievances with the exclusive representative.

The refusal alleged here centers around 21 items about which the Teachers sought to bargain with the School Board. The School Board admits its refusal to bargain on these items1 and asserts that they were items of inherent managerial policy and, therefore, were not subject to collective bargaining because of the provisions of Section 702 of Act 195, 43 P.S. §1101.702. Following hearings before a hearing examiner, during which all parties were afforded the opportunity to present testimony, introduce evidence and cross-examine witnesses, the Labor Board issued a nisi decision and order on October 14, 1971, dismissing the charge of unfair labor practice against the School Board. Exceptions were filed to this order by the Teachers and after oral argument and the presentation of briefs, the Labor [233]*233Board, on June 26,1972, issued its final order in which it ruled that the School Board had failed to bargain in good faith with the Teachers on five of the 21 items. The Labor Board affirmed its ruling as to the other 16 items and held that these were not bargainable and, therefore, the School Board had not violated the provisions of Act 195 as to those 16 items.

Both the School Board and the Teachers petitioned the Court of Common Pleas of Centre County for review of the final order of the Labor Board in accord with the provisions of Section. 1502, as amended, of Act 195, 43 P.S. §1101.1502. The Court of Common Pleas of Centre County affirmed the final order of the Labor Board as to the 16 items which were held to be nonbargainable and reversed the final order of the Labor Board as to the five items which the Labor Board had ruled to be proper subjects for mandatory collective bargaining. These appeals followed.

In Pennsylvania Labor Relations Board v. Kaufmann Department Stores, Inc., 345 Pa. 398, 29 A. 2d 90 (1942), the Supreme Court held that the scope of appellate review is limited to a determination of whether the findings of the Labor Board are supported by substantial and legally credible evidence and whether the conclusions deduced therefrom are reasonable and not capricious, arbitrary or illegal. Kaufmann was interpreting in this regard identical language as we have here. Section 1501 of Act 195, 43 P.S. §1101.1501, provides, inter alia, that “[t]he findings of the board as to the facts, if supported by substantial and legally credible evidence shall be conclusive.”

The difficult question posed by these appeals can be stated thus: Do any of the 21 items about which the Teachers sought to bargain come within the scope of collective bargaining required under Act 195, known as the Public Employe Relations Act? The answer to this question must encompass a careful consideration of the [234]*234meshing and intertwining provisions of Sections 701, 702 and 703 of Act 195, 43 P.S. §§1101.701, 1101.702 and 1101.703. These three sections read as follows:

“Section 701 [§1101.701 Matters subject to bargaining]. Collective bargaining is the performance of the mutual obligation of the public employer and the representative of the public employes to meet at reasonable times and confer in good faith with respect to wages, hours and other terms and conditions of employment, or the negotiation of an agreement or any question arising thereunder and the execution of a written contract incorporating any agreement reached but such obligation does not compel either party to agree to a proposal or require the making of a concession.

“Section 702 [§1101.702 Matters not subject to bargaining]. Public employers shall not be required to bargain over matters of inherent managerial policy, which shall include but shall not be limited to such areas of discretion or policy as the functions and programs of the public employer, standards of services, its overall budget, utilization of technology, the organizational structure and selection and direction of personnel. Public employers, however, shall be required to meet and discuss on policy matters affecting wages, hours and terms and conditions of employment as well as the impact thereon upon request by public employe representatives.

“Section 703 [§1101.703 Implementation of provisions in violation of, or inconsistent with statutes or home rule charters]. The parties to the collective bargaining process shall not effect or implement a provision in a collective bargaining agreement if the implementation of that provision would be in violation of, or inconsistent with, or in conflict with any statute or statutes enacted by the General Assembly of the Commonwealth of Pennsylvania or the provisions of municipal home rule charters.”

[235]*235Perhaps our point of departure should be to recall the legal posture of public labor relations prior to Act 195. The Act of June 30, 1947, P. L. 1183, 43 P.S. §215.1 et seq., known as The Public Employe Act of 1947, and which Act 195 specifically repealed as to public employes,2 prohibited all strikes by public employes and did not require public employers to bargain collectively with their employes. Although strikes by public employes were particularly forbidden, numerous illegal strikes did occur and labor unrest in the public sector became widespread. This situation led to the creation of a Commission for the Revision of Pennsylvania Public Employe Laws which became known as the Hickman Commission.

Subsequent to the issuance of the report of the Hickman Commission various pertinent bills were introduced in the General Assembly of Pennsylvania. The final result was the enactment into law of Act 195. Article I, Section 1013 of Act 195 is captioned “Public Policy” and reads as follows: “The General Assembly of the Commonwealth of Pennsylvania declares that it is the public policy of this Commonwealth and the purpose of this act to promote orderly and constructive relationships between all public employers and their employes subject, however, to the paramount right of the citizens of this Commonwealth to keep inviolate the guarantees for their health, safety and welfare. Unresolved disputes between the public employer and its employes are injurious to the public and the General Assembly is therefore aware that adequate means must be established for minimizing them and providing for their resolution.

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Bluebook (online)
306 A.2d 404, 9 Pa. Commw. 229, 83 L.R.R.M. (BNA) 3079, 1973 Pa. Commw. LEXIS 612, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pennsylvania-labor-relations-board-v-state-college-area-school-district-pacommwct-1973.