Reichley v. North Penn School District

626 A.2d 123, 533 Pa. 519, 1993 Pa. LEXIS 124, 144 L.R.R.M. (BNA) 2848
CourtSupreme Court of Pennsylvania
DecidedMay 27, 1993
DocketNo. 180 E.D. Appeal Docket 1990
StatusPublished
Cited by8 cases

This text of 626 A.2d 123 (Reichley v. North Penn 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
Reichley v. North Penn School District, 626 A.2d 123, 533 Pa. 519, 1993 Pa. LEXIS 124, 144 L.R.R.M. (BNA) 2848 (Pa. 1993).

Opinion

OPINION OF THE COURT

ZAPPALA, Justice.

This is an appeal from an order of the Court of Common Pleas of Montgomery County holding that the Public Employee Relations Act (PERA), Act of July 23, 1970, P.L. 563, No. 195, 43 P.S. § 1101.101 et seq., is unconstitutional insofar as it [522]*522allows strikes by public educators. Our jurisdiction derives from 42 Pa.C.S. § 722(7).

This matter arose in 1986, when negotiation and mediation failed to produce a new collective bargaining agreement between the North Penn School District and the North Penn Education Association. As permitted by Section 1003 of PERA, 43 P.S. § 1101.1003, the teachers and professional employees represented by the Association commenced a strike against the District on September 2, 1986. On October 7, 1986, a group of students and parents, the Appellees herein, filed this action against the District, the Association, and the Commonwealth, seeking declaratory and injunctive relief on the basis that PERA is unconstitutional to the extent that it allows teachers to strike.1

The Association and the District filed preliminary objections asserting that the court lacked jurisdiction in light of 42 Pa.C.S. § 761, vesting Commonwealth Court with jurisdiction of actions against the Commonwealth, and that the plaintiffs lacked standing. On plaintiffs’ motion pursuant to Pa.R.C.P. 2232(b), the Commonwealth was removed as a defendant on October 20, 1986.

In ruling on the preliminary objections, however, the court found that the Commonwealth had been removed only as to the action for injunctive relief. Based on this determination that the Commonwealth remained a party (indeed, the court found the Commonwealth to be an indispensable party) to the action for declaratory relief, the court held that jurisdiction was properly in Commonwealth Court and dismissed the action.2 The court also decided that the plaintiffs lacked standing.

[523]*523On appeal of the dismissal, Commonwealth Court held that the Commonwealth was not an indispensable party to the action for declaratory relief, and thus the common pleas court could exercise jurisdiction after the Commonwealth had been removed as a party. In the interest of judicial economy, Commonwealth Court also addressed the other basis for the dismissal and held that the parents had standing to bring the action. 113 Pa.Commw. 528, 537 A.2d 391 (1988). Accordingly, the case was remanded for further proceedings. Following a two day non-jury trial in May of 1990, briefing, and argument in July of 1990, the court issued an Opinion and Order on October 16, 1990, holding that “Act 195, insomuch as it grants public school teachers the right to strike, is unconstitutional.” Opinion at 4.

At the outset, we must address the contention of the Appellants that the court below erred in reaching the merits of the constitutional argument because the matter was moot. The Appellants cite Gulnac v. South Butler County Education Association, 526 Pa. 483, 587 A.2d 699 (1991) as controlling. In Gulnac, parents brought an action to enjoin a work stoppage by teachers and to have the teachers’ right to strike pursuant to Act 195 declared unconstitutional. The common pleas court held that the parents lacked standing to seek injunctive relief. Thereafter, the court entered a final order declaring the limited right to strike under Act 195 unconstitutional.

We vacated the court’s order, stating that “[o]nce the trial court held that Appellees had no standing to seek injunctive relief against the striking teachers, an issue not presently before us, it becomes moot whether, in the abstract, the teachers had a theoretical right to strike under our Constitution.” 526 Pa. at 487, 587 A.2d at 700-701. We also noted, “[fjurther litigation was impossible here because the court held that Appellees lacked standing to pursue it and that determination ended the controversy, rendering the declaratory judgment superfluous and academic only.” Id. at 488, 587 A.2d at 701. (Emphasis added).

[524]*524The Appellants argue that in this case, once the school district had obtained an injunction and back-to-work order and then negotiated a contract with the teachers, there was likewise no longer any controversy and the declaratory judgment action should have been dismissed as moot.

We find Gulnac to be distinguishable. As the emphasized language above indicates, a decision on the merits was improper because it had been advanced by those who, in that court’s judgment, had no standing. The ruling on standing was never appealed and became the law of the case. In this case, the Commonwealth Court considered the standing question and determined that the parents’ interest was sufficiently adverse to the teachers’ to create a controversy so as to entitle them to standing under the Declaratory Judgments Act. Thus the ^constitutional question was advanced by a party who, under the law of the case, had standing to raise it.

It is a separate question whether mootness precluded further review once the court had granted the school district’s request for an injunction. Commonwealth Court, in deciding to address the standing question, determined that the mootness doctrine should not bar the action because it involves “a question of significant dimension that is capable of repetition yet evading review.” 113 Pa.Commw. at 532, 537 A.2d at 393 (1988). We agree with this characterization. Given the time involved in the hearing and deciding of cases, it is virtually certain that any teachers’ strike would either be resolved through negotiation or be enjoined on a finding of clear and present danger before full appellate review of the constitutional question could be had. We have previously decided that mootness does not prevent the court from resolving such questions. Colonial Gardens Nursing Home v. Bachman, 473 Pa. 56, 373 A.2d 748 (1977).3

[525]*525The first task in addressing the question of the constitutionality of the statute is identifying the standard of review. The appellees suggest that because Article III, Section 14 states that “[t]he General Assembly shall provide for the maintenance and support of a thorough and efficient system of public education to serve the needs of the Commonwealth,” public education is a “fundamental right” under the state constitution, requiring that the statute be subject to “strict scrutiny.” Under this analysis, the statute must be narrowly drawn to serve a compelling state interest. The appellants maintain that public education is not a “fundamental right” under either the federal or state constitution and thus the statute should be reviewed under the “rational basis” test. According to this standard, legislation is constitutional so long as it is reasonably related to a legitimate state interest. This is the standard the common pleas court found applicable and purported to apply.

It must be noted in the interest of clarity, however, that the “strict scrutiny”/”rational basis” framework is not applicable to the question presented. This is not an equal protection case.

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Reichley by Wall v. NORTH PENN SCH. D.
626 A.2d 123 (Supreme Court of Pennsylvania, 1993)

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Bluebook (online)
626 A.2d 123, 533 Pa. 519, 1993 Pa. LEXIS 124, 144 L.R.R.M. (BNA) 2848, Counsel Stack Legal Research, https://law.counselstack.com/opinion/reichley-v-north-penn-school-district-pa-1993.