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UNIONTOWN AREA SCHOOL DIST. v. PLRB

557 Pa. 180 (1999)

732 A.2d 607

UNIONTOWN AREA SCHOOL DISTRICT v. PENNSYLVANIA LABOR RELATIONS BOARD in Behalf of UNIONTOWN AREA EDUCATION ASSOCIATION and Yolanda S. Defino, Appeal of Uniontown Area Education Association & Yolanda S. DeFino Appeal of Pennsylvania Labor Relations Board.

Supreme Court of Pennsylvania.

Decided July 7, 1999.

Attorney(s) appearing for the Case

Ronald N. Watzman, Pittsburgh, for appellant in No. 2.

James L. Crawford, Elizabeth Kelly, Harrisburg, for PA Labor Relations Bd.

Alfred C. Maiello, Michael L. Brungo, Ronald N. Watzman, Pittsburgh, for Uniontown Area School Dist.

Before FLAHERTY, C.J., and ZAPPALA, CAPPY, CASTILLE, NIGRO, NEWMAN and SAYLOR, JJ.

OPINION OF THE COURT

CASTILLE, Justice.

The sole issue before this Court is whether the Public Employe Relations Act (PERA)1 covers a union employee who applies for a non-promotion management position outside of the bargaining unit. Because we find that PERA applies to a union employee until such time as the individual ceases to be a union employee, we reverse the Commonwealth Court.

Appellant DeFino was employed...

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