PENNSYLVANIA L.R. BD. v. STATE COL. A.S.D.


461 Pa. 494 (1975)

337 A.2d 262

PENNSYLVANIA LABOR RELATIONS BOARD, Appellant, v. STATE COLLEGE AREA SCHOOL DISTRICT, and the Board of School Directors. Appeal of STATE COLLEGE AREA EDUCATION ASSOCIATION. Appeal of AMERICAN FEDERATION OF STATE, COUNTY & MUNICIPAL EMPLOYEES, AFL-CIO.

Supreme Court of Pennsylvania.

Decided April 17, 1975.


Attorney(s) appearing for the Case

Clarence C. Morrison, Pa. State Ed. Ass'n, Harrisburg, for appellant in No. 49.

Israel Packel, Atty. Gen., James L. Crawford, James F. Wildeman, Francis A. Zulli, Raymond W. Cramer, Asst. Attys. Gen., Harrisburg, for Pa. Labor Relations Bd.

Robert M. Rowlands, Richard Kirschner, Markowitz & Kirschner, Philadelphia, for appellant in No. 50.

John R. Miller, Jr., Miller, Kistler, Campbell & Mitenger, Bellefonte, for appellee in No. 50.

Jerome H. Gerber, Handler, Gerber & Weinstock, Harrisburg, for amicus curiae, Pa. State AFL-CIO.

William Fearen, Cleckner & Fearen, Harrisburg, for amicus curiae, Pa. School Boards Ass'n.

Woodley B. Osborne, Washington, D.C., for amicus curiae, American Ass'n of University Professors; Stephen R. Goldstein, Robert A. Gorman, Philadelphia, of counsel.

Before JONES, C.J., and EAGEN, O'BRIEN, ROBERTS, POMEROY, NIX and MANDERINO, JJ.


OPINION OF THE COURT

NIX, Justice.

The subject of this appeal is the relatively recent enactment of the Public Employee Relations Act.1 The dispute centers upon the tension evoked between what the legislature has specifically made bargainable and what the legislature has also specifically allowed management to reserve to its unilateral decision-making. In this instance we are required to interpret section 701 and determine its...

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