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ELLWOOD C.A. SCH. DIST. v. SECY. of ED. et al.

Appeal, No. 125 C.D. 1973.

9 Pa.Commw. 477 (1973)

Ellwood City Area School District, Appellant, v. Secretary of Education, Appellee, and George R. Reese, Jr., Intervening Appellee.

Commonwealth Court of Pennsylvania.

August 3, 1973.

Attorney(s) appearing for the Case

William F. Kershner, with him John E. Krampf, Morgan, Lewis & Bockius, Phillip E. Morris, and Morris & McKim, for appellant.

Edward A. Miller, Assistant Attorney General, for appellee.

Ronald N. Watzman, with him Watzman, Levenson and Snyder, for intervening appellee.

James F. Wildeman, with him Francis A. Zulli and James L. Crawford, Assistant Attorneys General, for amicus curiae, Pennsylvania Labor Relations Board.

Argued June 5, 1973, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.

OPINION BY JUDGE WILKINSON, August 3, 1973:

The question before the court, as accurately stated by appellant, is: "Does membership in various teachers' organizations, national, state and local render a first level supervisor incompetent under the tenure laws, for the reason that such membership precludes him from performing all of the duties that otherwise he would be expected to perform?" This question was...

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