REICHLEY BY WALL v. NORTH PENN SCH. D.


533 Pa. 519 (1993)

626 A.2d 123

Melissa REICHLEY, a minor and student, by her parent and natural guardian, Helen WALL, and Helen Wall, in her own right, and Steven Gibson, a minor and student, by his parent and natural guardian, Brian L. Gibson, and Brian L. Gibson, in his own right, and John Bruni and Laura Bruni, minors and students, by their parent and natural guardian, Barbara Bruni, and Barbara Bruni, in her own right, and Melissa Jauss and Adam Jauss, minors and students, by their parent and natural guardian, Irene Jauss, and Irene Jauss, in her own right, Appellees, v. NORTH PENN SCHOOL DISTRICT, Appellee, and North Penn Education Association, an unincorporated association, and All unnamed teachers and professional employees employed by North Penn School District who are members of the North Penn Education Association, Appellants, and The Commonwealth of Pennsylvania, Appellee.

Supreme Court of Pennsylvania.

Decided May 27, 1993.


Attorney(s) appearing for the Case

A. Martin Herring, Philadelphia, for appellant.

Alaine S. Williams, Catherine L. Merino, Philadelphia, for amicus, Pa. Fed. of Teachers.

Mary Catherine Frye, Harrisburg, for amicus, Pa. State Educ. Assoc.

Frank L. Caiola, Morristown, for Students, Parents, etc.

Charles Potash, Kenneth A. Roos, Blue Bell, for North Penn Sch. Dist.

Stephen S. Russell, New Cumberland, for amicus, Pa. Sch. Bds. Assoc.

Before NIX, C.J., and FLAHERTY, McDERMOTT, ZAPPALA, PAPADAKOS and CAPPY, JJ.


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 allows strikes by public educators. Our jurisdiction derives from 42 Pa.C.S. § 722(7).

This matter arose in 1986, when...

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