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W. MIDDLESEX AREA SCH. DIST. v. PLRB ET AL.

No. 2235 C.D. 1979.

55 Pa.Commw. 404 (1980)

West Middlesex Area School District, Appellant v. Commonwealth of Pennsylvania, Pennsylvania Labor Relations Board, Joseph D. DeLise and West Middlesex Education Association, Appellees.

Commonwealth Court of Pennsylvania.

December 17, 1980.

Attorney(s) appearing for the Case

P. Raymond Bartholomew, Cusick, Madden, Joyce and McKay, for appellant.

Mary Teresa Gavigan, with her, James L. Crawford, for appellee, Pennsylvania Labor Relations Board.

Daniel R. Delaney, with him, Catherine C. O'Toole, Delaney and Evans, for appellees, West Middlesex Education Association and Joseph D. DeLise.

William Fearen, with him Michael I. Levin, Cleckner and Fearen, for Amicus Curiae, Pennsylvania School Boards Association.

Argued November 19, 1980, before Judges MENCER, ROGERS and WILLIAMS, JR., sitting as a panel of three.

OPINION BY JUDGE ROGERS, December 17, 1980:

The West Middlesex Area School District has appealed an order of the Court of Common Pleas of Mercer County upholding a finding of the Pennsylvania Labor Relations Board (PLRB) that the district's refusal to submit a professional employe's grievance to binding arbitration was an unfair labor practice within Section 1201(a)(5) of the Public Employe Relations Act.

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