Pennsylvania Labor Relations Board v. Williamsport Area School District

406 A.2d 329, 486 Pa. 375
CourtSupreme Court of Pennsylvania
DecidedOctober 1, 1979
Docket574; 575
StatusPublished
Cited by16 cases

This text of 406 A.2d 329 (Pennsylvania Labor Relations Board v. Williamsport Area School District) is published on Counsel Stack Legal Research, covering Supreme 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. Williamsport Area School District, 406 A.2d 329, 486 Pa. 375 (Pa. 1979).

Opinions

OPINION

MANDERINO, Justice.

In this appeal, we are again asked to decide the propriety of unilateral changes made by a school district in the terms and conditions of employment of its professional employees. Although presented in a somewhat different factual posture, the issue is substantially similar to the one recently before this Court in Appeal of Cumberland Valley School District, 483 Pa. 134, 394 A.2d 946 (1978) and we conclude that the resolution of the matter is controlled by that decision.

A collective bargaining agreement between appellant, Williamsport Education Association (Association), the collective bargaining representative for the teachers of the appellee, Williamsport Area School District (District) expired on June 30, 1974. About six months prior to the expiration of the contract, the parties initiated collective bargaining concerning a new contract. When the parties failed to reach agreement, the Association called a strike which began on September 6, 1974. Several citizens initiated legal action requesting a court injunction ordering the Association and its members to return to work. On October 3, 1974 a preliminary injunction was issued by the Court of Common Pleas of Lycoming County ordering the teachers to return to work and to report to the court concerning the status of continuing negotiations. The injunction provided that the teachers were to return to work under the terms and conditions of the last collective bargaining agreement in effect between the parties. The court took under advisement a challenge by the Association to the court’s jurisdiction based on the Association’s argument that the injunction had not been requested by the District, the public employer under the Public Employe Relations Act, Act of July 23, 1970, P.L. 563, No. 195, art. X § 1003, 43 P.S. § 1101.1003, commonly referred to as Act 195.

[378]*378The Association obeyed the court order and returned to work. On November 5, 1974, about one month later, the trial court determined that it did not have jurisdiction because the public employer had not sought the injunction and dismissed the complaint filed. Although as of the time of the trial court’s order on November 5, 1974, the preliminary injunction was no longer in effect, the Association maintained the status quo by remaining at work. On or about November 18, the Association adopted what the parties have referred to as a “Work to Rule” policy. The notice sent by the Association to its members explained that the members were to adhere to the provisions of the old contract. The notice said “ ‘work to rule’ simply means doing only that which is required by the contract.”

On November 19 and 20, certain teachers did not attend a faculty meeting, a guidance staff meeting, and a parent-teachers’ association meeting. The following day, November 21, 1974, these teachers were informed by the District that their absence was unexcused and constituted a neglect of duty. They were also notified that repeated absences could result in severe disciplinary action including dismissal. Disciplinary letters were placed in the personnel files of these teachers. A one-day strike resulted on that day after which the Association members returned to work. About a week later on November 27, 1974, because of the disciplinary notices placed in the personnel files of the teachers, the Association filed a grievance pursuant to the terms of the collective bargaining agreement. Several weeks later, on December 10, 1974, the superintendent of the district notified the Association that although he was willing to meet informally to discuss the matter, the grievance filed would not be processed since the District was not obligated to maintain the grievance procedure outlined in the collective bargaining agreement since that agreement had expired on June 30, 1974. The Association then presented the grievance to the District’s school board receiving in effect the same response received earlier from the superintendent.

[379]*379On July 14, 1975, the Association filed unfair labor practice charges against the District before the Pennsylvania Labor Relations Board. Following a hearing the Labor Board concluded that the District had committed unfair labor practices under Section 1201(a)(1) (interfering, restraining, or coercing employees in the exercise of their rights guaranteed under Act 195) and Section 1201(a)(5) (refusing to bargain collectively in good faith) of the Public Employe Relations Act. The Labor Board ordered remedial action which in effect required the Board to process the grievance filed in accordance with the collective bargaining agreement between the parties. On appeal to the Court of Common Pleas the Labor Board’s order was affirmed. In a subsequent appeal to the Commonwealth Court, however, the order of the trial court was reversed, in effect setting aside the Labor Board’s order that the District had committed an unfair labor practice. Pennsylvania Labor Relations Board v. Williamsport Area School District, 29 Cmwlth. 351, 370 A.2d 1241 (1977). We then granted the Association’s petition for allowance of appeal.

The Commonwealth Court based its decision on the fact that the collective bargaining agreement between the parties expired on June 30, 1974 and, therefore, the District was not bound by the terms of the collective bargaining agreement. In Appeal of Cumberland Valley, supra, we extensively discussed the limitations on the employer’s right to implement unilateral changes after the expiration of the collective bargaining agreement. There is no need to repeat that discussion here except to point out that we agreed with the wisdom of federal law that finds unilateral changes in the terms and conditions of employment by the employer, after the expiration date of the collective bargaining agreement, disruptive of labor peace which the Pennsylvania Employe Relations Act seeks to foster in the same manner as the National Labor Relations Act. We repeat what we said in Cumberland Valley:

“The policy underlying this proposition was well-stated in Hinson v. NLRB, 428 F.2d 133 (8th Cir. 1970):
[380]*380‘The spirit of the National Labor Relations Act and the more persuasive authorities stand for the proposition that, even after expiration of a collective bargaining contract, an employer is under an obligation to bargain with the Union before he may permissibly make any unilateral change in those terms and conditions of employment comprising mandatory subjects of bargaining.’ (Emphasis in original.)
The Court went on to explain that the employer’s duty to bargain arose
‘ . . . not by reason of the contract itself but because of the dictates of the policy embodied in the National Labor Relations Act.’ (Emphasis in original.) 428 F.2d at 138.
In this case, the District cancelled payments to the Association members while collective bargaining was in process. The coercive effect of the unilateral cancellation of benefits during the collective bargaining process is obvious. The bargaining authority of the union to freely bargain is seriously undermined.”

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Pennsylvania Labor Relations Board v. Williamsport Area School District
406 A.2d 329 (Supreme Court of Pennsylvania, 1979)

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406 A.2d 329, 486 Pa. 375, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pennsylvania-labor-relations-board-v-williamsport-area-school-district-pa-1979.