Abington Heights School District v. PLRB.

IN THE SUPREME COURT OF PENNSYLVANIA
MIDDLE DISTRICT
ABINGTON HEIGHTS SCHOOL DISTRICT, : No. 118 MAL 2022
:
Respondent :
: Petition for Allowance of Appeal
: from the Order of the
v. : Commonwealth Court
:
:
PENNSYLVANIA LABOR RELATIONS :
BOARD, :
:
Petitioner :
ORDER
PER CURIAM
AND NOW, this 27th day of October, 2022, the Petition for Allowance of Appeal is
GRANTED. The issues, as stated by Petitioner, are:
(1) Did the District violate its bargaining obligation under the Public Employe
Relations Act by contracting with Johnson College to teach courses for high
school credit without bargaining with the exclusive employe representative
of the District’s teachers?
(2) Did the District violate its bargaining obligations under Pennsylvania law,
where binding Pennsylvania precedent under the Public Employe Relations
Act recognizes that contracting out any bargaining unit work affects a term
and condition of employment regardless of whether there is an impact on
employe wages and hours?
(3) Did the District violate its bargaining obligation under the Public Employe
Relations Act, where Section 15-1525 of the Public School Code does not
expressly preclude the District’s teachers from teaching dual enrollment
courses, nor does Section 15-1525 of the Public School Code otherwise
prohibit the District from bargaining with the exclusive representative of the
District’s teachers over who is to teach high school credit courses in a dual
enrollment program?
Additionally, the parties are directed to provide briefing on the effect that the recent
amendments to 24 P.S. § 15-1525, see Act of July 8, 2022, P.L. 620, No. 55, have on the
above issues.
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